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2016-65
DEP AGREEMENT NO.NF014 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO ENVIRONMENTAL PROTECTION AGENCY GRANT AWARD(S) THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the"Department")and the CITY OF CLERMONT whose address is 685 W. Montrose Street, Clermont, Florida 34711, (hereinafter referred to as "Grantee"), a local government, to provide financial assistance for Clermont West Lake Wetlands Project. WHEREAS, the Department is the recipient of federal financial assistance from the U.S. Environmental Protection Agency(EPA);and, WHEREAS, the Department was awarded funding by the EPA pursuant to Grant Agreement No. C9- 99451515-0 9- 99451515-0 also known as"31915"or"319(h)";and, WHEREAS, the Grantee has been determined to be a subrecipient of federal financial assistance from the EPA;and, WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual benefits to be derived herefrom,the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. This Agreement shall begin upon execution by both parties and remain in effect until 9/30/19, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement. The Grantee may claim allowable project expenditures made on or after October 1, 2014 for purposes of meeting its match requirement as identified in paragraph 3. This Agreement may be amended to provide for additional services if additional funding is made available by EPA and/or the Legislature. 3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement,the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$412,060 towards the total estimated project cost of$915,688. The parties hereto understand and agree that this Agreement requires at least a 55%match on the part of the Grantee. Therefore, the Grantee is responsible for providing $503,628 through cash or third party in-kind, towards the work funded under this Agreement. All match shall meet the federal requirements established in 40 CFR Part 30, 40 CFR Part 31 and OMB Circulars A-87(2 CFR 225),A-122(2 CFR 230) and A-21 (2 CFR 220), as applicable. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee.The Grantee will report those expenditures to the Department in the Final Report as required under Task 5 in Attachment A. B. Prior written approval from the Department's Grant Manager shall be required for changes within approved deliverable budget categories. Changes less than 10%of the total approved deliverable budget will require a formal change order to the Agreement. Changes greater than 10%of the total DEP Agreement No.NF014,Page 1 of 15 approved deliverable budget and/or changes that transfer funds from one deliverable to another or that increase or decrease the total funding amount will require a formal amendment to the Agreement. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon the completion, submittal and approval of the deliverables identified in Attachment A. Reimbursement shall be requested, utilizing Attachment B, Payment Request Summary Form, in accordance with the schedule in Attachment A. Each payment request must be accompanied by Attachment C, MBE/WBE Procurement Reporting Form. Failure to provide Attachment C shall result in a delay in processing the payment until such time as the appropriate information is provided to the Department. To be eligible for reimbursement, costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds, including,but not limited to, the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty (60) days following the completion date of the Agreement,to assure the availability of funds for payment. Each payment request submitted shall document all matching funds and/or match efforts (i.e. in-kind services) provided during the period covered by each request. The final payment request shall not be processed until the match requirement has been met. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment D, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows: i. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts,the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals)resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. DEP Agreement No.NF014,Page 2 of 15 subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund,either in whole or in part,of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund,and shall forthwith pay to the Department,the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement: Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 1. The federal funds awarded under this Agreement must comply with The Federal Funding Accountability and Transparency Act(FFATA)of 2006:.The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA•legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www:USASpending.gov. Grant Recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary,over the life of this Agreement,for the Department to comply with this requirement. J. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds. EPA Grant Number CFDA Program Title Funding Amount C9-99451515-0 66.460 . Nonpoint' Source Implementation' $412,060 Grants " Total Funding:. $412,060 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. . . 5. A. Progress Reports shall be submitted to the Department's Grant Manager no later than twenty(20) days following the completion of the quarterly reporting period. Each Progress Report shall be submitted on Attachment E, Progress Report Form, and shall describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period: The Final Project Report shall be submitted no later than the completion date of the Agreement. The Department's Grant Manager shall have thirty (30)calendar days to review the required reports and deliverables submitted by the Grantee. Final payment, up to ten (10) percent of the total Agreement amount identified in paragraph 3.A., may DEP Agreement No.NF014,Page 4 of 15 be withheld until all work is completed, all deliverables have been submitted, match requirements have been met and the Final Project Report has been received and approved. B. A draft comprehensive final report must be submitted electronically in Microsoft Word format in accordance with the schedule outlined in Attachment A. The Department will review the draft final report and provide comments for inclusion in the final report within thirty (30) days. One electronic copy in Adobe.pdf format or Microsoft Word format, of a comprehensive final report must be submitted in accordance with the schedule and submission requirements outlined in Attachment A. The Grantee's final report shall include an accounting of all project expenses, a report of all matching funds contributed on behalf of the Grantee, and a statement acknowledging that the project has been supported by a grant from the U.S. Environmental Protection Agency. The following language shall be included on the cover page of the final project report: "This project and the preparation of this report was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through an agreement/contract with the Nonpoint Source Management Section of the Florida Department of Environmental Protection. The total cost of the project was$915,688,of which$412,060 or 45 percent was provided by the U.S.Environmental Protection Agency." Additionally, all other final deliverables required by this Agreement(such as booklets,pamphlets, videos, scientific papers, etc.) which were funded in whole or in part by federal sources shall include the language below to acknowledge the federal government's participation in the project. "This (booklet,pamphlet,video,paper,etc.as appropriate)was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through an agreement/contract with the Nonpoint Source Management Section of the Florida Department of Environmental Protection." C. The Grantee agrees to provide a copy of any draft report and/or final report to the Department before making,or allowing to be made,a press release,publication,or other public announcement of the project's outcome. This shall not be construed to be a limitation upon the operation and applicability of Chapter 119,Florida Statutes. D. The Grantee agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority,and Women's Business Enterprises in procurement under this Agreement. i. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise (MBE/WBE)"Fair Share"goals and objectives negotiated with EPA as follows: Florida Fair Share Goals Industry Goal Equipment Supplies 9%MBE and 3%WBE Services Construction ii. If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction, services, supplies and equipment. "Fair Share"objectives must be submitted to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by EPA no later than thirty (30) calendar days thereafter. Copies of all correspondence with EPA shall also be forwarded to the Department's Grant Manager. DEP Agreement No.NF014,Page 5 of 15 iii. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair Share"objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. iv. The Grantee agrees to include in its bid documents the applicable"Fair Share"objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated"Fair Share"percentages. v. The Grantee agrees to follow the six good faith efforts or positive efforts stated in 40 C.F.R.33,as appropriate,and retain records documenting compliance. vi. The Grantee agrees to submit a report documenting MBE/WBE utilization under federal grants in conjunction with the required payment request form(see paragraph 3.C). vii. If race and/or gender neutral efforts prove inadequate to achieve a"Fair Share"objective, the Grantee agrees to notify the Department and EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the "Fair Share" objective. viii. In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the Grantee agrees to utilize and to encourage any prime contractors under this Agreement to utilize small businesses located in rural areas to the maximum extent possible. The Grantee agrees to follow the six affirmative steps stated in six good faith efforts stated in 40 C.F.R. 33, as appropriate,in the award of any contracts under this Agreement. E. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental,Energy and Transportation Management(January 24,2007) and/or 40 CFR 30.16, the Grantee agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this Agreement and delivered to the Department. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement does not apply to invoices and their documentation, which are required to be single sided. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. F. Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was$10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination,the Department shall provide thirty(30)calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s)for termination. DEP Agreement No.NF014,Page 6 of 15 B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty(30)calendar days written notice. 8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform,or 2)the Department Grant Manager may,by letter specifying the failure of performance under this Agreement,request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty(60)days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by the Agreement. 9. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes,rules or regulations,applicable to this Agreement,the Department may take one or more of the following actions. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. DEP Agreement No.NF014,Page 7 of 15 E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice ofsuspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. i. The costs result from obligations which were properly incurred by the Grantee before the effective date of suspension or termination,are not in anticipation of it,and in the case of termination,are noncancellable. ii. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. 10. The Department shall have the right to demand a refund, either in whole or part, of the funds provided to the Grantee for noncompliance with the terms of this Agreement. 11. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The United States Environmental Protection Agency, the Comptroller General of the United States, the Department of Environmental Protection, the State, or their authorized representatives shall have access to such records for audit purposesduring the term of this Agreement and for five (5)years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above,the records shall be retained until all litigation,claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five (5) years following final disposition: 12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment.F, Special Audit Requirements, attached hereto and made a part hereof Exhibit 1 to Attachment F summarizes the funding sources supporting the Agreement for purposes:of assisting the Grantee in complying with the requirements of Attachment F. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lowertier transactions thatmay be a result of this Agreement. The Grantee shall consider the type of financial assistance(federal and/or state)identified in Attachment F,Exhibit l when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the"Links/Forms"section appearing at the following website: DEP Agreement No.NF014,Page 8 of 15 httm://apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer,audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 13. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after.execution. Regardless of any subcontract, the Grantee is ultimately responsible for all work performed under this Agreement. The.Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Departmentshall not.be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the"subcontract. B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R.31.36 for its selection of subcontractors. C. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 14. A. - The Grantee certifies that no Federally-appropriated funds have been paid or will be paid, on or after December 22,' 1989, by oron behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress,in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment G, Standard Form-LLL, "Disclosure of Lobbying Activities" and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all_subcontracts, and all subcontractors shall certify and disclose accordingly. 140 CFR 341 B. In accordance with Section 216.347;Florida Statutes,the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature,the judicial branch or a state agency. C. Pursuant to the Lobbying Disclosure Act of 1995,any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement,unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Grantee shall'submit Attachment H, "Lobbying and Litigation Certificate" to the Department within ninety (90) days following the completion of the Agreement period. DEP Agreement No.NF014,Page 9 of 15 15. The Grantee shall comply with all applicable federal, stateand local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety;rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. Anynotices between the parties shall be considered delivered when posted by Certified Mail,return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. 17. The Department's Grant Managers (which•may also be referred to as the Department's Project Managers) for this Agreement are identified below. Connie Becker Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Boulevard,MS#3570 Tallahassee,Florida 32399-3000 • Telephone No.: (850)245-2945 E-mail Address: Connie.L.Becker@dep.state.fl.us 18. The Grantee's Grant Manager(which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. James Kinzler City of Clermont 685 W.Montrose Street Clermont,Florida 34711 Telephone No.: 352-241-7356 E-mail Address: JKinzler@clermontfl.org 19. To the extent required by law, the Grantee will be self-insured against,or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require'the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers'Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers'Compensation statutes,the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, -for the protection of his employees not otherwise protected. 20. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be,$100,000 each occurrence and $300,000 aggregate. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement whether such services and/or operations are by the Grantee or anyone directly or indirectly employed by him. Such insurance shall include the State of Florida as an Additional Insured for the entire length of the Agreement. B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims which-may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or by anyone directly, or indirectly employed by him. The minimum limits of liability shall be as follows: DEP Agreement No.NF014;Page 10 of 15 • • $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non-owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty(30)days written notice(with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. 21. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 22. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Project Agreement. 23. The Department may at any time,by written order designated to be a change order,make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease_in the Grantee's cost or time, shall require formal amendment to this Agreement. 24. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety standards which must be met for hotels and motels. The Grantee acknowledges that Federal funds may not be used to sponsor a conference,meeting,or training seminar held in a hotel or motel which does not meet the requirements of the Hotel and Motel Fire Safety Act of 1990. 25. If the Grantee's project involves environmentally-related measurements or data generation, including the development of models that may be used in regulatory decisions,the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards,and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-.160,Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements,attached hereto and made part hereof as Attachment 1,Quality Assurance Requirements. ' 26. A. No person,on the grounds of race,creed, color, national origin, age, sex, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement.' B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a publicbuilding or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor,or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its'website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services,Office of Supplier Diversity.at(850)487-0915. 27. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 180 and 1532), the Grantee agrees and certifies that neither it,nor its principals,is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency; and,that the Grantee shall not knowingly enter into any lower tier contract,or other DEP Agreement No.NF014,Page 11 of 15 covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction,unless authorized in writing by EPA to the Department. The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 28. The Environmental Protection Agency and Department reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 29. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment J,Contract Provisions,attached hereto and made a part hereof. In addition,the Grantee acknowledges that the applicable regulations listed in Attachment K,Regulations,attached hereto and made a part hereof,shall apply to this Agreement. 30. Land acquisition is not authorized under the terms of this Agreement. 31. As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 32. A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119,F.S.,and Section 24(a),Article I,Florida Constitution. C. If Grantee meets the definition of"Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an individual,partnership,corporation,or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency],then the following requirements apply: i. Pursuant to Section 119.0701,F.S.,a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or DEP Agreement No.NF014,Page 12 of 15 allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under s. 119.10,F.S. ii. Upon request from the Department's custodian of public records, Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by law. iii. Grantee shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the information technology systems of Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsmanna,dep.state.fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 33. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,F.S.In addition,Grantee agrees to observe the requirements of Section 287.135,F.S.,for applicable sub-agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates,or its subcontractors are found to have submitted a false certification;or if the Grantee,its affiliates,or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. DEP Agreement No.NF014,Page 13 of 15 34. This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument."In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf' format data file, such signature'shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or".pdf'signature page were an original thereof. 35. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited or invalid under applicable law,,such•provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon Or in connection herewith shall be brought in Leon County,Florida. 36. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement,unless otherwise provided herein. THIS PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.NF014,Page 14 of 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF CLERMONT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: T. e:* Go'L L. S ' �©r Secretary or designee Date• la. ROO Date: 194 /! 6 (101.4..") Connie Becker,DEP Grant Manager 76<7 ir;11..4.C1 DEP Reviewer FEID No.: 59-6000290 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,a resolution,statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description(include number of pages) Attachment A Grant Work Plan(6 Pages) Attachment B Payment Request Summary Form and Instructions(3 Pages) • Attachment C MBE/WBE Procurement Reporting Form and Instructions(7 Pages) Attachment D Contract Payment Requirements(1 Page) Attachment E Progress Report Form(1 Page) Attachment F Special Audit Requirements(5 Pages). Attachment G- Disclosure of Lobbying Activities(2 Pages) Attachment H Lobbying and Litigation Certificate(I Page) Attachment I Quality Assurance Requirements(5 Pages) Attachment J Contract'Provisions(4 Pages) Attachment K Regulations(1 Page)' DEP Agreement No.NF014,Page 15 of 15 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: Clermont West Lake Wetlands PROJECT LOCATION: The Project will be located in the Downtown Redevelopment Area, which is located within the City of Clermont in Lake County, Florida. Project coordinates are latitude: 28.55695 and longitude: -81.77217. PROJECT BACKGROUND:- In May 2015,the City of Clermont(Grantee)completed a comprehensive Stormwater Master Plan(SWIM)in order to identify and prioritize opportunities to improve water resource management within the City and promote positive environmental and economic benefits for the local area. Drainage improvements in the Downtown Redevelopment Area were identified as one of the top priorities in the City. PROJECT DESCRIPTION: The.Grantee will install eight Low Impact Development.(LID)bio-retention swales for the existing streets that flow into the larger West Lake Wetlands project area. The swales will run through downtown from West Avenue to 7th Street along Osceola Street. A public educational component providing interactive environmental education for the areas will be included as part of this project. Signage will be installed along the swales and within the wetlands park that educates the public about water quality and stormwater Best Management Practices. TASKS and DELIVERABLES: Task 1: Construction Task Description: The Grantee will construct approximately 8 Low Impact Development (LID) bio- retention swales for the existing streets that flow into the larger West Lake Wetlands project area,running through downtown from West Avenue to 7th Street along Osceola Street. These 8 bioretention swales will be developed over an acre of land within downtown Clermont: The grant and matching funds will be used for the following elements in accordance with the final design(s) and required permits which will be submitted to the Department's Grant Manager upon request: • Construction of 8 biorentention swales • Construction of stormwater planters • Installation of native plantings Deliverable la: Construction completed to date as described in this task, as evidenced by these interim deliverables: 1)signed acceptance of thecompleted work by the Grantee,2)Contractor's Application and Certification for Payment,3) Dated color photographs of on-going work representing time period covered in payment request. These interim deliverables must be submitted 14 days prior to each payment request and may be submitted no more frequently than quarterly. Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that;.work is beingperformed in accordance with the Grantee's construction contract documents and specifications. Upon review and written acceptance of each quarterly interim deliverables submittal by the Department's Grant Manager,the Grantee may proceed with payment request submittal for costs associated with that quarterly submittal period under this task. Contractor's Application and Certification for Payment should include the following supporting documentation: DEP Agreement NF014,Attachment A, Page 1 of 6 1. An itemized summary of the materials,labor,and/or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed;the amount expended for such work; the name of the person/entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially-complete designs, surveys, environmental documents and/or permit applications,drawings,and specifications(which must be made available upon request); and documentation demonstrating partial completion of construction activities. Deliverable ib: Construction of 8 Low Impact Development(LID)bio-retention swales for the existing streets that flow into the larger West Lake Wetlands project area, constructed as described in this task, as evidenced by these final deliverables: 1)Dated color photographs of the construction site(s)prior to,during, and immediately following completion of the construction task; 2)written verification that the grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per quarter. The outlined Interim Deliverable(s)and/or Final Deliverable(s)must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. Task 2: Quality Assurance Project Plan Task Description: The Grantee will prepare,submit,and receive approval on a Quality Assurance Project Plan (QAPP) prior to commencement of any monitoring associated with the project. The QAPP must specify the sampling procedures, locations, instruments, and parameters to be sampled. The Grantee will use the format provided by the Department's Grant Manager, if applicable. Deliverable 2a: Draft QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request,the Grantee will provide a paper copy of the Draft QAPP to the Department's Grant Manager. Performance Standard: The Department's Grant Manager will review the draft QAPP for compliance with this Agreement and the quality assurance requirements, to ensure sufficient monitoring is planned to measure project effectiveness, and provide comments to the Grantee as needed, prior to Final QAPP submittal. Deliverable 2b Final Department-approved QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request,the Grantee will provide a paper copy of the Final QAPP to the Department's Grant Manager. Performance Standard: The Department's Grant manager will review the Final QAPP to ensure that draft comments have been incorporated and the Final QAPP is in compliance with this Agreement and the quality assurance requirements.Upon review and written approval by the Department's Grant Manager of the Final QAPP,the Grantee may proceed with payment request submittal and match documentation. DEP Agreement NF014,Attachment A, Page 2 of 6 • Task 3: Monitoring Task Description: The Grantee will conduct monitoring in accordance with the Department-approved QAPP for this project(see Task 2). Deliverables: Summary of completed monitoring activities(dates completed,sampling conducted and any not conducted and why, monitoring results along with interpretation of those results(as expected or not as expected)submitted electronically,along with the final laboratory report and sampling logs(must also have field and weather data)to the Department's Grant Manager. Upon request,the Grantee will provide a paper copy or copies to the Department's Grant Manager. These deliverables must be submitted 14 prior to each payment request and may be submitted no more frequently than quarterly. Performance Standard: The Department's Grant Manager will review the monitoring results for completion and compliance with QAPP requirements. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Additional Financial Consequence: Costs for any monitoring that is not completed as outlined in the Department-approved QAPP may be discounted if included in the payment request. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 4: Public Education Task Description: The Grantee will provide public education information about the project and its environmental benefits in the following formats: 1)Development and installation of approximately 6 signs providing information on the project and its benefits to the environment. The signs will be located along the trails and sitting areas within the park with good visibility to the public;and 2)development and release of at least two press releases providing information on the project construction schedule and the benefits it is providing. Deliverable 4a: 1)Copy of draft sign(s)text and graphics submitted to the Department's Grant Manager for review and approval prior to final printing and installation;and 2)Draft materials for two press releases submitted to the Department's Grant Manager for review and approval prior to distribution. Deliverables should be submitted as electronic copies unless otherwise requested by the Department's Grant Manager. Performance Standard: The Department's Grant Manager must approve draft materials prior to public distribution.The Department's Grant Manager will review the draft deliverables and provide comments to the Grantee as needed. Deliverable 4b: 1) Dated photograph(s) of installed signs as approved. 5) Copies of press releases and release dates. Deliverables should be submitted as electronic copies unless otherwise requested by the Department's Grant Manager. Performance Standard: The Department's Grant manager will review the final deliverables to ensure the draft comments have been taken into consideration. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal and match documentation. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 5: Final Report Task Description: The Grantee will prepare a Final Report summarizing the results of the project, including all tasks in the Grant Work Plan.The Final Report must include at a minimum: DEP Agreement NF014,Attachment A, Page 3 of 6 e ' • Project location and background, project description and timeline, grant award amount and anticipated benefits. • Financial summary of actual costs versus the budget,along with any changes required to the budget. Include any match provided, along with other related project work performed outside of this Agreement to identify the overall project cost. • Discussion of project schedule versus actual completion, including changes required to the schedule, unexpected site conditions and adjustments, significant unexpected delays and corrections,and/or other significant deviations from the original project plan. • Summary of activities completed as well as those not completed and why, as well as a brief summary of any additional phases yet to be completed. • Photo documentation of work performed (before, during and after), appropriate figures (site location,site plan[s].etc.),appropriate tables summarizing data/information relevant to Grant Work Plan tasks,and appropriate attachments relevant to the project. • Discussion of whether the anticipated benefits have been/will be realized(e.g., why a BMP did or did not exceed the expected removal efficiency) • Summary of monitoring activities completed and any not completed and why, monitoring results, and an interpretation of data based on planned versus realized results. Deliverable 5a: An electronic copy of the draft Final Report in Word format submitted to the Department's Grant Manager for review prior to submission of the Final Report. Upon request,the Grantee will provide a paper copy of the draft Final Report. Performance Standard: The Department's Grant Manager will review the submitted draft Final Report to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation into the Final Report. Deliverable 5b: An electronic copy of the Final Report,with all suggested changes incorporated, in Word or PDF format submitted to the Department's Grant Manager for review and approval. Upon request,the Grantee will provide a paper copy of the Final Report. Performance Standard: The Department's Grant manager will review the Final Report to ensure that draft comments have been taken into consideration and the Final Report is in compliance with this Agreement. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. PROJECT TIMELINE AND BUDGET DETAIL TABLES: PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all deliverables must be received by the designated due date. For the 319(h)grant funded and required match funded tasks, if there are any conflicts between the completion dates in the task timeline below and the 319 grant end date,09/30/2019,then the grant end date is controlling. Task/ Deliverable Task End Deliverable Task or Deliverable Title Task Start Date Date Due Date/ No. Frequency 1 Construction Execution 06/15/2018 la Interim Deliverables Quarterly l b Final Deliverables 06/15/2018 DEP Agreement NF014,Attachment A,Page 4 of 6 2 QAPP Execution 08/15/2017 2a Draft QAPP 06/15/2017 2b Final QAPP 08/15/2017 3 Monitoring UponQapAprooval of 12/15/2018 12/15/2018 4 Public Education Execution 06/15/2018 4a Draft Public Education 12/15/2017 4b Final Public Education 06/15/2018 5 Final Report Execution 3/31/2019 5a Draft final report 01/31/2019 5b Final Report 03/31/2019 BUDGET DETAIL BY TASK: Task Category 319 Grant Match No. Funding Funding Contractual $386,374 $500,000 1 Total for Task $386,374 $500,000 Contractual $0 $0 2A Total for Task $N/A $0 Contractual $0 $0 2B Total for Task $0 $0 Contractual $18,314 $0 3 Total for Task $18,314 $0 Contractual $0 $3,628 4A Total for Task $0 $3,628 Contractual $7,372 $0 4B Total for Task $7,372 $0 Contractual $0 $0 5A Total for Task $0 $0 Contractual $0 $0 5B Total for Task $0 $0 Total: $412,060 $503,628 DEP Agreement NF014,Attachment A,Page 5 of 6 Total Project Cost: $915,688 Percentage Match: 45% 55% BUDGET SUMMARY for CONTRACT: Category Totals 319 Grant Match Funding Funding Contractual $412,060 $503,628 Total: $412,060 $503,628 Total Project Cost: $915,688 Percentage Match: 45% 55% DEP Agreement NF014,Attachment A, Page 6 of 6 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Payment Request No. DEP Agreement No. Date Performance Period(Start date-End date): Deliverables completed to support payment request(attach additional pages as needed): Task/Deliverable Task Budget Number(s): Amount: $ - Grantee: (Name&Mailing Address) Grantee Contact: (Name&Phone) GRANT EXPENDITURES SUMMARY SECTION TOTAL TOTAL CUMULATIVE MATCHING CUMULATIVE CATEGORY OF EXPENDITURE AMOUNT OF THIS PAYMENT FUNDS FOR THIS MATCHING (As authorized) REQUEST REQUESTS REQUEST FUNDS Salaries/Wages $ - $ - $ - $ - Fringe Benefits $ - $ - $ - $ - Indirect Cost $ - $ - $ - $ - Contractual(Subcontractors) $ - $ - $ - $ - Travel $ - $ - $ - $ - Equipment(Direct Purchases) $ - $ - $ - $ - Rental/Lease of Equipment $ - $ - $ - $ - Miscellaneous/Other Expenses $ - $ - $ - $ - Land Acquisition $ - $ - S - $ - , TOTAL AMOUNT $ $ $ $ TOTAL BUDGET $ $ (ALL TASKS) Less Total Cumulative Payment Requests of: $ $ TOTAL REMAINING $ $ (ALL TASKS) GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. DEP Agreement No.NF014,Attachment B,Page 1 of 8 Grantee's Certification of Payment Request I, ,on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) ,do hereby certify for (Print name of Grantee) DEP Agreement No. and Payment Request No. that: El The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. E.All costs included in the amount requested have been satisfactorily purchased,performed,received,and applied toward completing the project;such costs are documented by invoices or other appropriate documentation as required in the Agreement. El The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply: ❑ All permits and approvals required for the construction,which is underway,have been obtained. ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request,and such certifications are included: Professional Service Provider(Name/License No.) Period of Service(mm/dd/yy—mm/dd/yy) Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number DEP Agreement No.NF014,Attachment B,Page 2 of 8 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE: This is the date that you are submitting the payment request. PERFORMANCE,PERIOD: This is the beginning and ending date of the performance period for the Task/Deliverable that the request is for(this must be within the timeline shown for the Task/Deliverable in the Agreement). TASK/DELIVERABLE NO.: Identify the number of the Task/Deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). Note: If payment request includes more than one Task/Deliverable, additional pages should identify each Task/Deliverable Number,its corresponding budget amount,and the amount requested. TASK BUDGET AMOUNT: List the Task budget amount as identified in the Grant Work Plan for the corresponding Task/Delverable. Note: If payment request includes more than one Task/Deliverable, additional pages should identify each Task/Deliverable Number,its correspondingbudget amount,and the amount requested. GRANTEE: Enter the name of the Grantee's agency and the address to which you want the state warrant sent. GRANTEE CONTACT: List the name and telephone number for the Grantee's grant manager or other point of contact regarding the payment request submittal. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter by authorized category of expenditure the amount for which you are requesting'reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT" line. Enter the amount of all Tasks on the "TOTAL BUDGET(ALL TASKS)" line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL GUM ULA TI VEPA YMENT REQUESTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"line. "TOTAL CUMULATIVE PAYMENT REQUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category.-The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount forthat budget category for the Task(s)you are reporting on). Enter the column total on the"TOTAL PAYMENT REQUEST"line. Do not enter anything in the shaded areas. "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on. This needs to be shownunder specific budget categories according to the currently approved Grant Work Plan. Enter the total on"the "TOTAL AMOUNT" line for this column. Enter the match budget amount on the "TOTAL BUDGET (ALL TASKS)" line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category: Put thetotal of all on the line titled"TOTAL PAYMENT REQUEST." The final request should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment.Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. 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S \ k � � £ : § CC a- C .. $ { 2 ! fU 2 _/ cjo co \ ' ° ` � - - - 0 -to ¢ g- .,,, -0 4 / \ \ se ■ \ k E E ■ 2 IA AI Ai / rou a) � E E k ) _ ii ii ai ID t 7s { — � L. ¢ 07 ! , § co to ) co a CU In f \ k o § § Ek2 I ■ uo « W f I- a. co" a Instructions for Completing Request for Payment - Part II Include the Grantee Name,Payment Request No.,and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. 2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2)from Invoice 3 Amount(1). Deliverable Number: Must identify completed deliverable(s)for each invoice. If invoice covers multiple deliverables,that invoice would be listed multiple times,a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under(2). Submittal Instructions Instructions for E-mailing: The program now accepts reimbursement requests electronically. When scanning please be sure that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically,please do not also send a hard copy by postal mail. Remit Payment Request by E-mail to the Department's Grant Manager Be sure the E-mail payment request includes the following: Subject: Project Number_Disbursement Number: example—LP14025_Disb_1 Attachments: 1) Attachment B Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Other supporting documentation,as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact the Department's Grant Manager. DEP Agreement No.NF014,Attachment B,Page 8 of 8 • OMB CON1ROL NO. 2030-0020 ATTACHMENT C APPROVED: 06/30/2014 APPROVAL EXPIRES: 06/30/2017 U.S. ENVIRONMENTAL PROTECTION AGENCY MBEIWBE UTILIZATION UNDER FEDERAL GRANTS AND COOPERATIVE AGREEMENTS FOR COOPERATIVE AGREEMENTS OR OTHER FEDERAL FINANCIAL ASSISTANCE WHERE THE COMBINED TOTAL OF FUNDS BUDGETED FOR PROCURING SUPPLIES, EQUIPMENT,CONSTRUCTION OR SERVICES EXCEED$150,000. PART 1:PLEASE REVIEW INSTRUCTIONS BEFORE COMPLETING 1A.FEDERAL FISCAL YEAR(Oct 1-Sep 30) SB.REPORT TYPE 20 ElAnnual ElLast Report(Project completed) 1C:REVISION OF A PRIOR YEAR REPORT?QNo QYes,Year IF YES,BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: 2A.EPA FINANCIAL ASSISTANCE OFFICE ADDRESS(ATTN:DBE COORDINATOR) 3A.RECIPIENT NAME AND ADDRESS 2B.EPA DBE COORDINATOR 3B.RECIPIENT REPORTING CONTACT Name: Name: Email: Address: Phone: Phone: Fax: Email: 4A.FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE OR CFDA NUMBER: (SRF State Recipients,refer to Instructions for Completion of blocks 4A,5A and 5C) 5A.TOTAL ASSISTANCE AGREEMENT AMOUNT 58.If NO procurements and NO accomplishments were made this reporting EPA Share: $ period(by the recipients,sub-recipients,loan recipients,and prime contractors), CHECK and SKIP to Block No.7. (Procurements are all expenditures through Recipient Share:$ contract,order,purchase,lease or barter of supplies,equipment,construction, or services needed to complete Federal assistance programs. Accomplishments, �N/A(SRF Recipient) in this context,are procurements made with MBEs and/or WBEs.) 0 5C. Total Procurements This Reporting Period(Only include amount not reported in any prior reporting period) Total Procurement Amount$ (Include total dollar values awarded by recipient,sub-recipients and SRF loan recipients,including MBE/WBE expenditures.) 5D. Were sub-awards issued under this assistance agreement? Yes Q No 0 Were contracts issued under this assistance agreement? Yes 0 No 0 5E. MBE/WBE Accomplishments This Reporting Period Actual MBE/WBE Procurement Accomplished(Include total dollar values awarded by recipient,sub-recipients,SRF loan recipients and Prime Contractors.) Construction Equipment Services Supplies Total $MBE: 0.00 $WBE: 0.00 6.COMMENTS:(If no MBE/WBE procurements,please summarize how certified MBEs/WBEs were notified of the opportunities to compete for the procurement dollars entered in Block SC and why certified MBEs/WBEs were not awarded any procurements during this reporting period.) 7.NAME OF RECIPIENT'S AUTHORIZED REPRESENTATIVE TITLE 8.SIGNATURE OF RECIPIENT'S AUTHORIZED REPRESENTATIVE DATE EPA FORM 5700-52A available electronically at http://www.epa.gov/osbp/pdfs/5700 52a.adf DEP Agreement No.NF014,Attachment C,Page 1 of 7 • Qh U , .-, ' N 00 0 N N fp • M M 0 \ 00 0 lL N N O O m o `^ 3 LU Z CC m U x 2 cc -. o Q y U > > a L' U U E • N m m m _ 2 o d z t, U < < a, ai C O L o n "ON H C -C v > - 'O C 'O O = O m y C E = m •- C Z CO C 6u °u a m 3 . m 1 a) o v $ cu O o 2 v .2 a) C o U • 0_ a .2 c ., °= c a v nv d i- Z - V cu v z I- m a 70 > re▪ ° E o Y v o w I- m = o v Z . o g LL 2 E v n 2 a Y '7 t • . C .z 3 H0 C c IX a CZ • tiC O. � cu N N N S , N ` o < �0 ~ > w N Z .n a LLI 3 co N m t W. C --- o c 0. CO CO• w E U Y V -I m = N CI C 3w • Ce. Q E W �� E CL o CO v W - u, 3 2 m .— C CO a E . _ W w o w [0., CO Q w . 2 CC a C 0. .C- .o 7 ,n G W m C y ,- m _ N - m ' C `m y C E y v a) R ice. Q LL N >. C K C • m NC O - o m 'a C N = • u -2 •, t O m▪ • K C K O 7 2 m • Cl_ C a)• ------- --' —_--�� 0 C E a, u d 0. 11 = N i- .-1 u O .a 0. .9 • Instructions: If at the time of award,the combined total of funds budgeted for procurements in any category is less A. General Instructions: than or equal to $150,000 and is maintained below the threshold, no DBE report is required to be submitted. MBE/WBE utilization is based on 40 CFR Part 33. The reporting requirement reflects the class deviation issued on November 8, 2013, clarified on Recipients are required to report 30 days after the January 9, 2014 and modified on December 2, end of each federal year, per the terms and 2014.EPA Form 5700-52A must be completed conditions of the financial assistance agreement. annually by recipients of financial assistance agreements where the combined total of funds Last reports are due October 30th or 90 days after budgeted for procuring supplies, equipment, the end of the project period, whichever comes construction or services exceeds$150,000.This first. reporting requirement applies to all new and existing:awards and voids all previous reporting MBE/WBE program requirements, including requirements. reporting, are material terms and conditions of the financial assistance agreement. In determining whether the$150,000 threshold is exceeded for a particular assistance B. Definitions: agreement,the analysis must focus on funds budgeted for procurementunder the supplies, equipment, construction,services or"other" Procurement is the acquisition through contract, categories, and include funds budgeted for order, purchase, lease or barter of supplies, procurement under sub-awards or loans equipment, construction or services needed to accomplish Federal assistance programs. Reporting will also be required in cases where the details of the budgets of sub-awards/loans are not A contract is a written agreement between an EPA clear at the time of the grant awards and the recipient and another party(also considered combined total of the procurement and sub- "prime contracts") and any lower tier agreement awards and/or loans exceeds the$150,000 (also considered "subcontracts")for equipment, threshold. services, supplies, or construction necessary to complete the project. This definition excludes written agreements with another public agency. When reporting is required, all procurement This definition includes personal and professional actexceeds tare reportable, not just the portion which services, agreements with consultants, and $150,000. purchase orders. If at the time of award the budgeted funds exceed A minority business enterprise(MBE) is a business $150,000 but actual expenditures fall below, a concern that is(1)at least 51 percent owned by report is still required. one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority DEP Agreement No.NF014,Attachment C,Page 3 of 7 • individuals; and (2) whose daily business efforts for utilizing MBEs and WBEs must be operations are managed and directed by one or documented. Such documentation is subject to more of the minority owners. In order to qualify EPA review upon request: and participate as an MBE prime orsubcontractor for EPA recipients under EPA's DBE Program, an 1. Ensure DBEs are made aware of contracting entity must be properly certified as required by 40 opportunities to the fullest extent practicable CFR Part 33, Subpart B. through outreach and recruitment activities. For Indian Tribal, State and Local and U.S. citizenship is required. Recipients shall Government recipients, this will include placing presume that minority individuals include Black DBEs on solicitation lists and soliciting them Americans, Hispanic Americans, Native Americans, whenever they are potential sources. Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the 2. Make information on forthcoming Small Business Act or by the Secretary of opportunities available to DBEs and arrange Commerce under section 5 of Executive order time frames for contracts and establish delivery 11625. The reporting contact at EPA can provide schedules, where the requirements permit, in a additional information. way that encourages and facilitates participation by DBEs in the competitive A woman business enterprise(WBE) is a business process.This includes, whenever possible, concern that is, (1) at least 51 percent owned by posting solicitations for bids or proposals for a one or more women, or, in the case of a publicly minimum of 30 calendar days before the bid or owned business, at least 51 percent of the stock is proposal closing date. owned by one or more women and (2) whose daily business operations are managed and.directed by 3. Consider in the contracting process whether one or more of the women owners. In order to firms competing for large contracts could qualify and participate as a WBE prime or subcontract with DBEs. For Indian Tribal, State subcontractor.for EPA recipients under EPA's DBE and local Government recipients,this will Program, an entity must be properly certified as include dividing total requirements when required by 40 CFR Part 33,Subpart B. economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. Business firms which are 51 percent owned by minorities or women, but are in fact not managed 4. Encourage contracting with a consortium of and operated by minorities or females do not DBEs when a contract is too large for one of qualify for meeting MBE/WBE procurement goals. these firms to handle individually. U.S. Citizenship is required. 5. Use the services and assistance of the SBA and Good Faith Efforts the Minority.Business Development Agency of the Department of Commerce. A recipient is required to make the following good 6. If the prime contractor awards subcontracts, faith efforts whenever procuring construction, require the prime contractor to take the steps equipment, services, and supplies under an EPA in paragraphs (a)through (e) of this section. financial assistance agreement. These good faith DEP Agreement No.NF014,Attachment C,Page 4 of 7 • C. Instructions for Part I: 5A. Provide the total amount of the Assistance Agreement which includes Federal funds plus 1A. Specify Federal fiscal year this report covers. recipient matching funds and funds from other The.Federal fiscal year runs from October 1st sources. through September 30th(e.g November 29,2014 falls within Federal fiscal year 2015) *For SRF recipients only: SRF recipients will not enter an amount in 5a. SRF recipients should check 1B. Specify report type. Check the annual the "N/A" box. reporting box. Also indicate if the project is completed. 5B. Self-explanatory. 1C. Indicate if this is a revision to a previous year 5C. Provide the total dollar amount of ALL and provide a brief description of the revision you procurements awarded this reporting period by the are making. recipient,sub-recipients, and SRF loan recipients, including MBE/WBE expenditures, not just the 2A-B. Please refer to your financial assistance portion which exceeds$150,000. For example: agreement for the mailing address of the EPA Actual dollars for procurement from the procuring financial assistance office for your agreement. office; actual contracts let from the contracts office; actual goods, services, supplies, etc., from other sources including the central purchasing/ The "EPA DBE Reporting Contact" is the DBE procurement centers). Coordinator for the EPA Region from which your financial assistance agreement was originated. For a list of DBE Coordinators please refer to the EPA *NOTE:To prevent double counting on line 5C, if OSBP website at http://epa.gov/osbp/dbe_cord. any amount on 5E is for a subcontract and the prime contract has already been included on Line 5C in a prior reporting period,then report the 3A-B. Identify the agency, state authority, amount going to MBE or WBE subcontractor on university or other organization which is the line 5E, but exclude the amount from Line 5C. To recipient of the Federal financial assistance and the include the amount on SC again would result in person to contact concerning this report. double counting because the prime contract, which includes the subcontract, would have already been 4A. Provide the Assistance Agreement number reported. assigned by EPA. Aseparate report must be submitted for each Assistance Agreement. *For SRF recipients only: In 5c please enter the total annual procurement amount under all of your *For SRF recipients: In box 4a list numbers for ALL SRF Assistance Agreements.The figure reported in OPEN Assistance Agreements being reported on this section is not directly tied to an individual this form. Assistance Agreement identification number. (SRF state recipients report state procurements in this section) 4B. Refer back to Assistance Agreement document for this information. DEP Agreement No.NFO I4,Attachment C,Page 5 of 7 • • 5D. State whether or not sub-awards and/or 2. Check either the MBE or WBE column. If a subcontracts have been issued under the financial firm is both an MBE and WBE, the recipient may assistance agreements by indicating"yes" or"no". choose to count the entire procurement towards EITHER its MBE or WBE accomplishments. The 5E. Where requested, also provide the total recipient may also divide the total amount of the dollar amount of all MBE/WBE procurement procurement(using any ratio it so chooses) and awarded during this reporting period by the count those divided amounts toward its MBE and recipient-:sub-recipients, SRF loan recipients, and WBE accomplishments. If the recipient chooses to prime contractors in the categories of construction, divide the procurement amount and count portions equipment,services and supplies.These amounts toward its MBE and WBE accomplishments, please include Federal funds plus recipient matching funds state the appropriate amounts under the MBE and and funds from other sources. WBE columns on the form. The combined MBE and WBE amounts for that MBE/WBE contractor must not exceed the"Value of the Procurement" 6. If there were no MBE/WBE accomplishments reported in column#3 this reporting period, please briefly how certified MBEs/WBEs were notified of the opportunities to compete for the procurement dollars entered in 3. Dollar value of procurement. Block 5C and why certified MBEs/WBEs were not awarded any procurements during this reporting 4. Date of procurement, shown as month, day, period. year. Date of procurement is defined as the date the contract or procurement was awarded, not the 7. Name and title of official administrator or date the contractor received payment under the designated reporting official. awarded contract or procurement, unless payment occurred on the date of award. (Where direct purchasing is the procurement method,the date 8. Signature, month, day, and year report of procurement is the date the purchase was submitted. made) D. Instructions for Part II: 5. Using codes at the bottom of the form, identify type of product or service acquired through For each MBE/WBE procurement made under this this procurement (e.g., enter 1 if construction, 2 if financial assistance agreements during the supplies, etc.). reporting period, provide the following information: 6. Name, address, and telephone number of MBE/WBE firm. 1. Check whether this procurement was made by the recipient, sub-recipient/SRF loan recipient, or the prime contractor. DEP Agreement No.NF014,Attachment C,Page 6 of 7 **This data is requested to comply with provisions mandated by: statute or regulations (40 CFR Parts 30, 31, and 33 and/or 2 CFR Parts 200 and 1500); OMB Circulars; or added by EPA to ensure sound and effective assistance management. Accurate, complete data are required to obtain funding, while no pledge of confidentiality is provided. The public reporting and recording burden for this collection of information is estimated to average I hour per response annually. Burden means the total time,effort, or financial resources expended by persons to generate,maintain, retain, or disclosure or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting,validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements;train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency(2136), 1200 Pennsylvania Avenue, NW,Washington, D.C. 20460. Include the OMB Control number in any correspondence. Do not send the completed form to this address. DEP Agreement No.NF014,Attachment C,Page 7 of 7 ATTACHMENT D Contract Payment Requirements Florida Department of Financial Services,Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds,the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code,regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02,Florida Statutes,for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm DEP Agreement No.NF014,Attachment D,Page 1 of 1 ATTACHMENT E PROGRESS REPORT FORM DEP Agreement No.: NF014 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. NF014 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Agreement No NF014,Attachment E,Page 1 of 1 • ATTACHMENT F SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. 1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. DEP Agreement No.NF014,Attachment F,Page 1 of 5 PART 11:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection,other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III:OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133,as revised,by or on behalf of the recipient directly to each of the following: DEP Agreement No.NF014,Attachment F,Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAuditdep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(0, OMB Circular A-133,as revised. 2. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor,to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(a)dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAuditQdep.state.fl.us DEP Agreement No.NF014,Attachment F,Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,or Chapters 10.550(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.NF014,Attachment F,Page 4 of 5 — u . _ _ _ s u 60 60 .173 l0 u • o u .- o u •- 0 0 0 0 Uo " oil co L on Y o ..k =YQ u 0, auu up OOU o._ T .U .U aU c L 0. 0ya"Q 0. o E y U. CC + , i. wO C.) ..0 C C �.. L 0 `0 a o a ttt .a E E E E g Q Q N Q 0 0 c CO 0 .0 oq C o4 0 -- w s E u C Q C Csi u u = 69 C 7 7 64) y c.) ,D ce. w w w w ,LA y �Q+CP co-, •fl •– C7 L y b CO Q o .. c- o as V o a o O W' y c Q U E tg. u E "� i C u O. O .0 4_ C ,.- ^ L-- C F" _ w vim u ,Ui, •E Q �' ea y _ u 'v Q • C C ^sn bt CL cg Q A r° v) o w •O VC :. C u CwOc E `U-'3 0o C = O u Z, 1 CD `' R" "' C Ey ° U °� s U s ai n o L. ¢ UUw, aos; w - u W) Ea, Q Q p.y U . ''' Ci • •5 U Q• z CQ ` y . L y O C yC E cc W C ° En• s -5 U U U t°� c W ` o uJ Q o b d 6) U z .+ ° Y s S y dt CO F, s - Q Q 3 0 ta o - y . >'}° 7 L F., 2 s s m a y i o `� `� u E U •- z zA E A � U -o u v)aj . Y W. Tti CUz U y 0ID C C t, 7m P. ai I a CI) I. N a u C = s o0 p„ C a a u ,, N co z a C C o o w _ _ W °' 0. • 0. aLi C cuLv = uu U O 0c GC N E = 0UI-. v LA CO Q ¢ el) os Z T eso o c N • -o Y Q 'i b E 'O ,D ,fl C ami v v 4�wr., F- 3 w C o v ri '� [i `- w s Q ° c c c.) 3 A� d w ¢ Q � _ w z a4 d V • v . • C 3 0 V V i Opel O E °' N c0 N CE '- C L L ° cC" ca Y u < a'a L3 6.on = Oc E Lx — c E Cg a E c��i ami U It) v) b aoE .aoa� u L s - aZ ¢ • waZ � Z o7,'Us w w r; v) v) w � y .5 A ATTACHMENT G Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract ❑ a. bid/offer/application ❑ a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter Name and Address of Prime: 0 Prime 0 Subawardee Tier if known: Congressional District,if known: Congressional District,if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable: 8. Federal Action Number,if known: 9. Award Amount,if known: S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services(including address if (if individual,last name,first name,MI): different from No. 10a) (last name,first name,MI): (attach Continuation Sheet(s) SF-LLLA,if necessary) Signature: 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This r disclosure of lobbying activities is"a material Print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made o'r entered"into: This disclosure is required pursuant to 31 U.S.C.1352. This'information will'be reportedto Congress Title: semi-annually and will beavailable for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not Telephone No.: Date: less than 510,000 and not more than S100,000 for each such failure. Federal Use Only: • . Authorized for Local Reproduction Standard Form—LLL (Rev 7—97) Form DEP 55-221(01/01) DEP Agreement No.NF014,Attachment G,Page 1 of 2 • INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence anofficer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District,if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awardsunder grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency-name,"if known. For example,Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request.for Proposal(RFP)number; Invitation for Bid(IFB)number;grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name,First Name,and Middle Initial(MI). • 11. The certifying official shall sign and date the form,print his/her name,title and telephone number. According to the Paperwork Reduction Act, as,amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No.0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to.the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C. 20503. Form DEP 55-221 (01/01) DEP Agreement No.NF014,Attachment G,Page 2 of 2 ATTACHMENT H OMB Control No.2030-0020 Approval expires 06/30/2017 United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 LOBBYING AND LITIGATION CERTIFICATION FOR GRANTS AND COOPERATIVE AGREEMENTS* INSTRUCTIONS: *At project completion,complete this form pursuant to the 2001 Department of Veterans Affairs and Housing and Urban Development,and.Independent Appropriations Act,Public Law 106-377, Section 424 and 2000 Department of Veterans Affairs and Housing and Urban Development, and Independent Appropriations Act,Public Law 106-74, Section 426 and any other subsequent Appropriation Act requirements. Please mail this form to your EPA Grant Specialist within 90 days of project completion. DO NOT send this information to the Office of Management&Budget. Assistance Agreement Number(s): I hereby certify that none of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Signature of the Chief Executive Officer Date Print Name Burden Statement-The annual public reporting and record keeping burden for this collection of information is estimated to average 5 minutes per respondent.Burden means the total time,effort;orfinancial resources expended by persons to generate,maintain,retain,or disclose or provide information"to or for a Federal agency.This includes the time.needed to review instructions;develop,acquire,install,and utilize technology and -systems for the purposes of collecting;validating.and verifying information,processing and maintaining information,and disclosing and providing information;adjust the existing ways to comply with any previously applicable instructions and requirements;train personnel to be able to respond to a collection of information;search data sources;complete and review the collection of information;and transmit or otherwise disclose the information:An agency may not conduct orsponsor,and a,person is not required to respond to,a collection of information unless it displays a currently valid OMB control number.The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Send comments on the Agency's need for this information,the accuracy of the provided burden estimates,and any suggested methods for minimizing respondent burden,including through the use of automated collection techniques to the Director,Regulatory Information Division,U.S. Environmental Protection Agency,Ariel Rios Building, 1200 Pennsylvania Avenue,N.W.,Mail Code 3213A,Washington,DC 20460;and to the Office of Information and Regulatory Affairs,Office of Management and Budget,725 17th Street,N.W.,Washington,DC 20503,Attention:Desk Officer for EPA.Include the EPA ICR number and OMB control number in any correspondence. EPA Form 5700-53(Rev.06/2014) DEP Agreement No.NF014,Attachment H,Page 1 of 1 ATTACHMENT I QUALITY ASSURANCE REQUIREMENTS 1. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160,Florida Administrative Code(F.A.C.)and"Requirements for Field and Analytical Work performed for the Department of Environmental Protection under Contract"(DEP-OA-002/02),February 2002. 2. LABORATORIES a. The GRANTEE shall ensure that all standard laboratory testing activities are performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program(DoH ELCP)for all applicable matrix/method/analyte combinations to be measured. For non-potable water matrix,the certification requirement is considered satisfied if the laboratory is certified for the contracted analyte in at least one method that uses the same analytical technology as the contract-proposed method. b. If the laboratory is not certified for some or all of the proposed test measurements,the laboratory shall apply for certification within one month of Contract execution. Within six months of Contract execution, the laboratory shall be fully certified for all applicable matrix/method(or analytical technology)/analyte combinations to be performed. Regardless of when the laboratory receives certification,the laboratory must implement all applicable standards of the National Environmental Laboratory Accreditation Conference(NELAC)upon Contract execution. c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract. Should certification for an analyte or test method be lost,all affected tests shall be immediately sub- contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The GRANTEE shall notify the DEP contract manager in writing before any change to a sub-contracted laboratory is made. d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each contracted or sub-contracted laboratory shall be provided to the DEP contract manager upon Contract execution or upon receiving DoH certification(see items 2.a and 2.b above). e. The GRANTEE shall ensure that an acceptable initial demonstration of capability(IDOC),as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the proposed matrix/method(or analytical technology)/analyte combination(s)must have the requisite IDOC documentation and supporting laboratory records. IDOCs shall be performed and shall meet the contract specified requirements for precision,accuracy,and the method detection limit(MDL)and/or practical quantitation limit(PQL)before the test procedure is used to generate data for this Contract. If requested by the Department,documentation that supports the IDOC shall be made available for review. f. When performance test samples are not required by DoH ELCP for certification,the laboratory shall obtain,analyze and evaluate performance test samples,standard reference materials(SRM)or other externally assayed quality control(QC)samples,hereinafter known collectively as quality control check (QCC)samples. (i) The laboratory shall ensure that the selected QCC samples(s)represent all matrix/method/analyte combinations that are not subject to certification requirements. (ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable range established by the QCC sample provider. (iii)Before providing analytical services for this Contract,the laboratory must provide to the DEP contract manager the results of the QCC sample(s)and the associated acceptable range(s)as established by the QCC sample provider. The submitted results must be from QCC samples that have been completed within the previous six months prior to the submission date. g. Any non-standard laboratory procedures or methods that are proposed for use(i.e.,those not approved by DEP for standard environmental analyses)shall be submitted for review and approval in accordance with DEP-QA-001/01,"New and Alternative Analytical Laboratory Methods,"February 1,2004. These procedures or methods shall be approved by the DEP contract manager before use under this Contract and must be cited or described in the required planning document(see Section 6). h. The GRANTEE shall ensure that Practical Quantitation Limits(PQLs)and Method Detection Limits (MDLs)are listed in the planning document(see Section 6). i. The GRANTEE shall ensure that the selected laboratory test methods listed in the planning document can provide results that meet the Contract data quality objectives. j. The GRANTEE shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document(see Section 6). DEP Agreement No.NF014,Attachment 1,Page 1 of 5 k. The GRANTEE shall ensure that the all laboratory quality control measures for standard methods are consistent with Chapter 5 of the NELAC standards. I. In addition,the GRANTEE shall ensure that the quality control requirements specified in the attached addenda are followed. m. The GRANTEE shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document. 3. FIELD ACTIVITIES a. "Sample"refers to samples that have been either collected or analyzed under the terms of this Contract. b. The GRANTEE shall ensure that all sample collection and field testing activities are performed in accordance with applicable Department"Standard Operating Procedures for Field Activities"(DEP-SOP- 001/01,March 1,2014). The specific standard operating procedures(SOPs)to be used for this Contract shall be cited in the planning document(see Section 6). SOPs for field sample collection or testing not included in the Department's SOPs shall be included or cited in the planning document. c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager. All non-standard procedures and methods must be approved by the DEP contract manager before use under this Contract and must be cited or described in the planning document. d. Per the quality control measures outlined in DEP SOP FO 1000,the GRANTEE shall ensure that the following field quality controls(and any additional quality control measures specified in the addenda)are incorporated into the project design for applicable test methods: (i) Matrix-Related Quality Controls-The GRANTEE shall ensure that the laboratory is provided with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates or laboratory duplicates as follows: (1) The first time a sample from a sample collection matrix(see Table FA 1000-1 in DEP SOP FA 1000)is collected; (2) One in each additional 20 samples of the sample collection matrix,after the first 20 samples;and (3) The last time samples are collected for the sample collection matrix. (ii) Field-Generated Quality Control(QC)Blanks—Blanks associated with field activities as defined in part FQ 1210 of DEP SOP FQ 1000 shall be collected according to the requirements of part FQ 1230. (1) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample,the GRANTEE shall investigate and attempt to determine the cause of the QC blank contamination. The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination. (2) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample,the GRANTEE shall ensure that the analyte in any affected sample is reported as estimated("G"data qualifier code,with a narrative explanation),unless the analyte concentration in the blank is 510%of the reported concentration in the associated sample. 4. REPORTING,DOCUMENTATION AND RECORDS RETENTION a. The GRANTEE shall ensure that all laboratory and field records applicable to the Contract,as outlined in Rules 62-160.240 and.340,F.A.C.are retained for a minimum of five years after the generation or completion of records. b. All field and laboratory records that are associated with work performed under this Contract shall be organized so that any information can be quickly and easily retrieved for inspection,copying or distribution. c. The GRANTEE shall ensure that all laboratory reports for standard methods are issued in accordance with NELAC requirements. These reports shall be submitted to the DEP contract manager and shall include the following information: ► Laboratory sample identification(ID)and associated Field ID ► Analytical/test method ► Parameter/analyte name ► Analytical result(including dilution factor) ► Result unit ► Applicable DEP Qualifiers per Table 1 of Chapter 62-160,F.A.C. ► Result comment(s)to include corrective/preventive actions taken for any failed QC measure(e.g., QC sample,calibration failure)or other problem related to the analysis of the samples ► Date and time of sample preparation(if applicable) DEP Agreement No.NF014,Attachment I,Page 2 of 5 ► Date and time of sample analysis ► Results of laboratory verification of field preservation ► Sample matrix ► DoH ELCP certification number for each laboratory(must be associated with the test result(s) generated by the laboratory) ► MDL,LOD or other defined limit of detection ► PQL,LOQ or other defined limit of quantification ► Sample type(such as blank type,duplicate type) ► Field and laboratory QC blank results: • Laboratory QC blank analysis results as required by the method,NELAC Chapter 5 and the planning document(see Section 6 below); • Field quality control results including field blanks,equipment blanks,and field duplicates (or replicates)as specified in the planning document(see Section 6) ► Results of sample matrix spikes,laboratory duplicates or matrix spike duplicates,as applicable ► Results of surrogate spike analyses(if performed) ► Results of laboratory control samples(LCS) ► Link between each reported quality control measure(e.g.,QC blanks,matrix spikes,LCS, duplicates,calibration verification)and the associated sample result(s) ► Acceptance criteria used to evaluate each reported quality control measure d. The GRANTEE shall ensure that the following field-related information is reported to the DEP contract manager: ► Site name and location information ► Field ID for each sample container and the associated analytes(test methods)for which the container was collected ► Date and time of sample collection Sample collection depth ► Sample collection method identified by the DEP SOP number,where applicable ► If performed,indicate samples that were filtered ► Field test measurement results: • DEP SOP number(FT-series),where applicable • Parameter name • Result • Result unit • Applicable Data Qualifiers per Table 1 of Chapter 62-160,F.A.C. ► Narrative comments discussing corrective/preventive actions taken for any failed QC measure (e.g.,blank contamination,meter calibration failure,split sample results),unacceptable field measurement or other problems related to the sampling event. e. The Department reserves the right to request some or all of the laboratory or field information in a specified format. 5. The GRANTEE shall submit the data electronically using the format identified in QAPP 6. AUDITS a. AUDITS BY THE DEPARTMENT—Pursuant to Rule 62-160.650,F.A.C.,the Department may conduct audits of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite audits,the GRANTEE,upon request by the Department,must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s)or do not meet the data quality objectives specified by the Contract,the DEP contract manager shall pursue remedies available to the Department,including those outlined in Section 8 below. b. PLANNING REVIEW AUDITS— (i) Initial: Prior to the completion of the sampling and analysis events and after the second completed sampling and analysis event but no later than fourth,the GRANTEE and all associated subGRANTEEs shall review the planning document(see Section 6 below)relative to the completed field and laboratory activities to determine if the data quality objectives are being met,identify any improvements to be made to the process,and refine the sampling and/or analytical design or schedule. Within one month of the review,a summary of the review,including any corrective action plans or DEP Agreement No.NF014,Attachment I,Page 3 of 5 amendments to the planning document,shall be sent to the DEP contract manager and a copy shall be maintained with the permanent project records. (ii) Ongoing: Planning reviews as described in item(i)above shall occur annually,if applicable. C. QUALITY SYSTEMS AUDITS-The GRANTEE and all subGRANTEEs shall ensure that any required laboratory and field quality system audits are performed according to the respective quality manuals or other relevant internal quality assurance documents for each contracted and sub-contracted entity. These audits shall be documented in the GRANTEE's and subcontractors'records. d. STATEMENTS OF USABILITY-As a part of the audit process and the final report,the GRANTEE shall provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality Indicators specified in the planning document,this attachment and the addenda. (i) The GRANTEE shall ensure that all applicable data quality acceptance and usability criteria are listed in the planning document. (ii) The GRANTEE shall ensure that the results of all quality control measures are evaluated according to the acceptance criteria listed in the planning document GRANTEE. (iii)The GRANTEE shall ensure that all sample results are evaluated according to all applicable usability criteria specified in the planning document. 7. PLANNING DOCUMENT a. The GRANTEE shall submit the planning document identified below to the DEP contract manager no later than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning document in this required timeframe shall result in a delay of approval to begin work until the document has been submitted to the Department and approved by the DEP contract manager. The document shall be submitted as a Quality Assurance Project Plan(QAPP). The plan shall be consistent with the EPA Document EPA-QA/R-5,EPA Requirements for Quality Assurance Project Plans,dated March 2001. b. The GRANTEE and subGRANTEEs may submit a version of the planning document to the Department for approval no more than three times. If the GRANTEE fails to obtain approval for the planning document after the third(final)submission to the Department,the DEP contract manager may suspend or terminate the Contract. c. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty- five(45)days of receipt of the properly identified planning document by the Department,the Department shall review and either approve the planning document or provide comments to the GRANTEE and affected subGRANTEEs as to why the planning document is not approved. If further revisions are needed, the GRANTEE shall then have fifteen(15)days from the receipt of review comments to respond. The Department shall respond to all revisions to the planning document within thirty(30)days of receipt of any revisions. d. If the review of the planning document by the Department is delayed,through no fault of the GRANTEE, beyond sixty(60)days after the planning document is received by the Department,the GRANTEE shall have the option,after the planning document is approved,of requesting and receiving an extension in the term of the Contract for a time period not to exceed the period of delayed review and approval. This option mustbe exercised at least sixty(60)days prior to the current termination date of the Contract. e. Work may not begin for specific Contract tasks until approval(or conditional approval)has been received by the GRANTEE from the DEP contract manager. Sampling and analysis for the Contract may not begin until the planning,document has been approved(or conditionally approved). f. Once approved,the.GRANTEE shall follow the protocols specified in the approved planning document including,but not limited to: ► Ensuring that all stated quality control measures are collected,analyzed and evaluated for acceptability; ► Using only the protocols approved in the planning document;and ► Using only the equipment approved in the planning document. g. If any significant changes in procedures or test methods,changes in equipment,changes in subGRANTEE organizations or changes in key personnel occur,the GRANTEE shall submit appropriate revisions of the planning document to the DEP contract manager for review. The proposed revisions may not be implemented until they have been approved by the DEP contract manager. If the GRANTEE fails to submit the required revisions,the DEP contract manager may suspend or terminate the Contract. These amendments shall be DEP Agreement No.NF014,Attachment I,Page 4 of 5 (i) Documented through written or electronic correspondence with the DEP contract manager and incorporated into the approved planning document. 8. DELIVERABLES a. The following lists the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this Contract: (i) Copy of DoH ELCP Certificate(s)and the associated list(s)of specific fields of accreditation,per item 2.d above. (ii) Copies of the QCC sample results per item 2.f.above. (iii)Non-standard laboratory or field procedures—The GRANTEE shall submit to the DEP contract manager all required information necessary for review of non-standard procedures per items 2.g.and 3.c.above. (iv) Reports of planning review audits as specified in item 5.b.above. (v) Statements of Usability as specified in item 5.d.above. (vi) Planning document per Section 6,above. 9. CONSEQUENCES a. Failure to comply with any requirement of this attachment may result in: (i) Immediate termination of the Contract. (ii) Withheld payment for the affected activities. (iii)Contract suspension until the requirement(s)has been met. (iv) A request to refund°already disbursed payments. (v) A request to redo work affected by the non-compliant activity. (vi) Other remedies available to the Department. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.NF014,Attachment I,Page 5 of 5 ATTACHMENT J Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." 2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of$2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act(18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act,contractors shallbe required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issuedby the Department of Labor in each solicitation and the'award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of$2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision forcompliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the_.basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 'A times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. DEP Agreement No.NF014,Attachment J,Page 1 of 4 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported totheFederal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award of$100,000 or more shall file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."This list contains the names of parties debarred,suspended,or otherwise excluded by agencies,and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply'with all applicable standards,orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended(33 U.S.C. 1368)and Section 1424(e)of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 10. Compliance with all Federal statutes relating to nondiscrimination -These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973,as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age;.(d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,relating to nondiscrimination on the basis of drug abuse;(e)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating tonondiscrimination on the basis of alcohol abuse or alcoholism; (1) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records;(g)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale,rental or financing of housing; (h)any other nondiscrimination provisions in the specific statute(s)made;and,(i)the requirements of any other nondiscrimination statute(s)that may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provisions of the Hatch Act(5 U.S.C. 1501 —1508 and 7324—7328)that limit the,political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DEP Agreement No.NF014,Attachment J,Page 2 of 4 13. Compliance, if applicable,with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738;(c)protection of wetlands pursuant to E.O. 11990;(d)evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L. 93-523);and(h)protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development,and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.2131 et seq.)pertaining to the care,handling,and treatment of warm blooded animals held for research,teaching,or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)that prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act(Pub.L.94-163,89 Stat.871). 21. Compliance with Geospatial Data Standards must be met by the Grantee under this Agreement. All geospatial data created must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards can be found at www.fgdc.gov. 22. Compliance with Nutrient Management Plans for Animal Feeding Operations is required under this Grant and must have and implement a nutrient management plan that: 1)provides and maintains buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of confined animals with waters of the United States; 4) addresses animal mortality; 5) addresses chemical disposal; 6) addresses proper operation and maintenance; 7) addresses record keeping and testing; 8) maintains proper storage capacity; and 9) addresses rate and timing of land application of manure and wastewater. 23. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions of the Drug-Free Workplace Act of 1988(Public Law 100-690,Title V,Sec. 5153,as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for Drug-Free Workplace(Financial Assistance)"published in the Federal Register on November 26, 2003,68 FR 66534),which require that the recipient take steps to provide a drug-free workplace. 24. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By accepting funds under this Agreement,the Grantee agrees to implement the requirements of(g)of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g). DEP Agreement No.NF014,Attachment J,Page 3 of 4 25. Registrations and Identification Information, the Grantee agrees to maintain current registration in the Central Contractor Registration(www.ccr.gov)System for Award Management (SAM) at all times during which they have active project funded with these funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 26. 41 USC§4712,Pilot Program for Enhancement of Recipient and Subrecipient Employee Whistleblower Protection:This requirement applies to all awards issued after July 1,2013 and shall be in effect until January 1,2017. (a)This award,related subawards,and related contracts over the simplified acquisition threshold and all employees working on this award,related subawards,and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C.4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013(P.L. 112-239). (b)Recipients,their subrecipients,and their contractors awarded contracts over the simplified acquisition threshold related to this award,shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. (c)The recipient shall insert this clause,including this paragraph(c),in all subawards and in contracts over the simplified acquisition threshold related to this award. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.NF014,Attachment J,Page 4 of 4 ATTACHMENT K REGULATIONS Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other regulations of general applicability appear in Subchapter A. Other EPA regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. Subchapter A -General 40 C.F.R.4 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 40 C.F.R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by EPA 40 C.F.R. 29 Intergovernmental review of EPA programs and activities 40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of higher education,hospitals and other nonprofit organizations Subchapter B—Grants and Other Federal Assistance 40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements to state and local governments 40 C.F.R. 34 New restrictions on lobbying 40 C.F.R. 35 State and local assistance 40 CFR 36 Drug-Free Workplace Act Other Federal Regulations 48 C.F.R. 31 Contract Cost Principles and Procedures,or uniform cost accounting standards that comply with cost principles acceptable to the federal agency 2 CFR 1532 Nonprocurement Suspension and Debarment Regulations Office of Management and Budget Circulars A-21 (2 CFR 220) Cost Principles for Educational Institutions A-87(2 CFR 225) Cost Principles for State,Local,and Indian Tribal Governments A-122(2 CFR Cost Principles for Non-Profit Organizations 230) A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.NF014,Attachment K,Page 1 of 1 DEP AGREEMENT NO.NF014 CHANGE ORDER NO.001 GRANTEE City of Clermont 605 W. Montrose Street Clermont,Florida 34711 DEP Agreement No.NS014 as entered into on September 26,2016,is hereby revised as follows: Attachment A,Grant Work Plan,Project Timeline Table is hereby deleted in its entirety and replaced with the following: PROJECT TIMELINE:The tasks must be completed by the end of each task timeline and ail deliverables must be received by the designated due date.For the 319(h)grant funded and required match funded tasks, if there are any conflicts between the completion dates in the task timeline below and the 319 grant end date,09/30/2019,then the grant end date is controlling. Task/ Deliverable Task Start Task End Deliverable Task or Deliverable Title Date Date Due Date/ No. Frequency 1 Construction 9/26/2016 06/15/2018 la Interim Deliverables Quarterly lb Final Deliverables 1/30/2019 2 QAPP 9/26/2016 08/15/2017 2a Draft QAPP 06/15/2017 2b Final QAPP 08/15/2017 3 Monitoring Upon QAPP 5/30/2019 5/30/2019 approval 4 Public Education 9/26/2016 06/15/2018 4a Draft Public Education 12/15/2017 4b Final Public Education 06/15/2018 5 Final Report 9/26/2016 6/30/2019 5a Draft final report 4/28/2019 5b Final Report 6/30/2019 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement NF014,Change Order 001,Page 1 of 2 All other terms and conditions of the Agreement shall remain unchanged. CITY OF CLERMONT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION .1 /+ $ C-L—t tL--t-r .'ted` tile: Connie Becker,DEP Grant ager Date: 3t13'IV Program Administrator ISV\mo..c\aq Print Name f Q�ii Date: ) J M /1 O DEP Agreement NF014,Change Order 001,Page 2 of 2