2016-66 DEP AGREEMENT NO.LP35142
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1600A OF THE FY16-17 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into pursuant to Section 215.971,Florida Statutes(F.S.),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 864 West Montrose Street, Clermont, Florida 34711 (hereinafter referred to as
"Grantee"), local government, to provide financial assistance for the West Lake Stormwater. Collectively, the
Department and the Grantee shall be referred to as"Parties"or individually as a"Party".
In consideration of the mutual benefits to be derived herefrom,the Department and the Grantee do hereby
agree as follows:
1. TERMS OF AGREEMENT:
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. For purposes of this Agreement, the terms "Grantee" and
"Recipient"are used interchangeably.
2. PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both parties and shall remain in effect until June 14,2019,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2016
through the expiration date of this Agreement. This Agreement may be amended to provide for additional
services if additional funding is made available by the Legislature.
3. FUNDING/CONSIDERATION/INVOICING:
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$500,000. It is understood that any additional funds necessary for the completion of
this project are the responsibility of the Grantee. The parties hereto understand and agree that this
Agreement does not require a match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
i. A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
between approved budget categories,as defined in Attachment A,are less than ten percent
(10%) of the total budget as last approved by the Department. All Change Orders are
subject to the mutual agreement of both parties as evidenced in writing.
ii. A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount, a change in the
Grantee's match requirements, a change in the expiration date of the Agreement, and/or
changes to the cumulative amount of funding transfers between approved budget
DEP Agreement No.LP35142 Page 1 of 13
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categories,as defined in Attachment A,exceeds or is expected to exceed ten percent(10%)
of the total budget as last approved by the Department.All Amendments are subject to the
mutual agreement of both parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B,
Payment Request Summary Form.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,which can be accessed at the following web address:
http://www.mvfloridacfo.com/aadir/reference guide/. All invoices 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)calendar days
following the completion date of the Agreement,to assure the availability of funds for payment. All
work performed pursuant to Attachment A must be performed on or before the completion date of
the Agreement,and the subsequent sixty-day period merely allows the Grantee to finalize invoices
and backup documentation to support the final payment request.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment C,Contract Payment Requirements. The Payment Request Summary Form shall
be accompanied by supporting documentation and other requirements as follows for each
deliverable. Reimbursement shall be limited to the following budget categories
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 spent on the project.
All multipliers used (i.e., fringe benefits, overhead, indirect, 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)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. Subcontracts,
which involve equipment purchases as part of an installation/retrofit or that include
infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial
Officer(CFO)Memorandum No. 5 (2011-2012), must be capitalized in accordance with
Chapter 691-72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible
for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this
requirement and ensure its subcontracts issued under this Agreement, if any, impose this
requirement,in writing,on its subcontractors.
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(i.e.,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
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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.
c. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
E. In addition to the invoicing requirements contained in paragraphs 3.C.and D.above,the Department
will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost
allocation guidelines),as appropriate. This information, when requested, must be provided within
thirty (30) calendar days of such request. The Grantee may also be required to submit a cost
allocation plan to the Department in support of its multipliers (overhead, indirect, general
administrative costs,and fringe benefits). State guidelines for allowable costs can be found in the
Department of Financial Services' Reference Guide for State Expenditures at
http://www.myfloridacfo.com/aadir/reference_guide/.
F. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program-by-program or a
project-by-project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or 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.
4. ANNUAL APPROPRIATION:
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. Authorization for continuation and completion of work and payment associated
therewith may be rescinded with proper notice at the discretion of the Department if Legislative
appropriations are reduced or eliminated.
5. REPORTS:
A. The Grantee shall utilize Attachment D,Progress Report Form,to describe the work performed
during the reporting period, problems encountered, problem resolutions, scheduled updates, and
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proposed work for the next reporting period. Quarterly reports shall be submitted to the
Department's Grant Manager no later than twenty(20) calendar days following the completion of
the quarterly reporting period. It is hereby understood and agreed by the parties that the term
"quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and
December 31. The Department's Grant Manager shall have thirty(30)calendar days to review the
required reports and deliverables submitted by the Grantee.
B. The Grantee will identify the expected return on investment for this project and provide this
information to the Governor's Office of Policy and Budget(OPB)within three months of execution
of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly
update reports directly to OPB,no later than 20 days after the end of each quarter,documenting the
positive return on investment to the state that results from the Grantee's project and its use of funds
provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by
OPB that no further reports are needed,or until the end of this Agreement,whichever occurs first.
All reports shall be submitted electronically to OPB at env.roi(a)laspbs.state.fl.us, and a copy shall
also be submitted to the Department at legislativeaffairs(a,dep.state.fl.us.
6. RETAINAGE:
Retainage is not required under this Agreement.
7. INDEMNIFICATION:
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. Further,nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter
arising out of any contract or this Agreement.
8. DEFAULT/TERMINATION/FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect,or 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.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30)calendar day's written notice.If the Department terminates the Agreement for convenience,the
Department shall notify the Grantee of such termination,with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement
is terminated before performance is completed, the Grantee shall be paid only for that work
satisfactorily performed for which costs can be substantiated.
C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of
the requirements of this Agreement,the Grantee shall promptly notify the Department orally. Within
seven(7)calendar days,the Grantee shall notify the Department in writing of the anticipated length
and cause of the delay,the measures taken or to be taken to minimize the delay and the Grantee's
intended timetable for implementation of such measures. If the parties agree that the delay or
anticipated delay was caused, or will be caused by a force majeure, the Department may, at its
discretion, extend the time for performance under this Agreement for a period of time equal to the
delay resulting from the force majeure upon execution of an amendment to this Agreement. Such
agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying
the extension. A force majeure shall be an act of God,strike,lockout,or other industrial disturbance,
act of the public enemy,war,blockade,public riot,lightning,fire,flood,explosion,failure to receive
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timely necessary third party approvals through no fault of the Grantee,and any other cause,whether
of the kind specifically enumerated herein or otherwise,that is not reasonably within the control of
the Grantee and/or the Department. The Grantee is responsible for the performance of all services
issued under this Agreement. Failure to perform by the Grantee's consultant(s)or subcontractor(s)
shall not constitute a force majeure event.
9. REMEDIES/FINANCIAL CONSEQUENCES:
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)calendar 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)calendar
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.
10. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with United States generally accepted accounting principles (US
GAAP) consistently applied. The Department, the State, or their authorized representatives shall
have access to such records for audit purposes during the term of this Agreement and for five (5)
years following the completion date or termination of the Agreement. In the event any work is
subcontracted,the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
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Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement,in writing,on its subcontractors.
11. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E,Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. 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 Grants Development and Review Manager at
(850)245-2361 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 lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance(federal and/or state) identified in Attachment E,Exhibit
l when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under 2 CFR§200.330 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:
haps:\\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.
12. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed-price subcontracts pursuant to paragraph 3.D.
of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed
subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless
of any subcontract, the Grantee is ultimately responsible for all work to be 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 Department shall 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 Department 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.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which
50 percent or more of the cost will be paid from state-appropriated funds which have been
appropriated at the time of the competitive solicitation,a state college,county,municipality,school
district,or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
DEP Agreement No.LP35142 Page 6 of 13
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction;or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
14. LOBBYING PROHIBITION:
In accordance with Section 216.347,F.S.,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. Further, in
accordance with Section 11.062, F.S., no state funds, exclusive of salaries,travel expenses, and per diem,
appropriated to,or otherwise available for use by,any executive,judicial, or quasi-judicial department shall
be used by any state employee or other person for lobbying purposes.
15. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department 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. NOTICE:
All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a
courier delivery service,or delivered in person.Notices shall be considered delivered when reflected by an
electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when
receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 17.
17. CONTACTS:
The Department's Grant Manager(which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is identified below:
Connie Becker,or Successor
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd.,MS#3570
Tallahassee,Florida 32399
Telephone No.: 850-245-2945
E-mail Address: Connie.L.Becker@dep.state.fl.us
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
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The Grantee's Grant Manager at the time of execution for this Agreement is identified below:
James Kinzler,or Successor
City of Clermont
685 West Montrose Street
Clermont,Florida 34711
Telephone No.: 352-241-7356
E-mail Address: JKinzler@clermontfl.org
In the event the Department's or the Grantee's Grant Manager changes,written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to paragraph 3.B should include the updated Grant Manager information.
18. INSURANCE:
A. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee.This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement,whether such work is performed by the Grantee,any sub-grantee,
or Grantee's contractors. Such insurance shall include the State of Florida,the Department,and the
State of Florida Board of Trustees of the Internal Improvement Trust Fund,as Additional Insureds
for the entire length of the Agreement.
B. Coverage may be by private insurance or self-insurance.The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All commercial 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)
calendar days'written notice(with the exception of non-payment of premium,which requires a 10-
calendar-day notice) to the Department's Grant Manager. If the Grantee is self-funded for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self-funded for said insurance,appropriate and allowable under Florida law,and that such
self-insurance offers protection applicable to the Grantee's officers,employees,servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement,unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee.
i. Workers'Compensation Insurance is required for all employees connected with the work
of this project. Any 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 proof of adequate insurance satisfactory to the
Department,for the protection of its employees not otherwise protected.
ii. Commercial General Liability insurance is required,including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability insurance is required, 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 any of its contractors. The minimum limits of liability
shall be as follows:
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$300,000 Automobile Liability Combined Single Limit for Company-
Owned Vehicles,if applicable
$300,000 Hired and Non-owned Automobile Liability Coverage
iv. Other Insurance may be required if any work proceeds over or adjacent to water,including
but not limited to Jones Act,Longshoreman's and Harbormaster's,or the inclusion of any
applicable rider to worker's compensation insurance, and any necessary watercraft
insurance, with limits of not less than $300,000 each. Questions concerning required
coverage should be directed to the U.S. Department of Labor
(http://www.dol.gov/owcp/dlhwc/lscontac.htm)or to the parties' insurance carrier.
19. CONFLICT OF INTEREST:
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.
20. EQUIPMENT:
Reimbursement for direct or indirect equipment purchases costing$1,000 or more is not authorized under
the terms and conditions of this Agreement.
21. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs
unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
22. RESERVED
23. DISCRIMINATION:
A. No person,on the grounds of race,creed,color,religion,national origin,age,gender,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 pursuant to Section
287.134, F.S., 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 public
building 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.
24. LAND ACQUISITION:
Land acquisition is not authorized under the terms of this Agreement.
25. PHYSICAL ACCESS AND INSPECTION:
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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.
26. PUBLIC RECORDS ACCESS:
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
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
DEP Agreement No.LP35142 Page 10 of 13
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 ombudsman@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
27. TERMINATION FALSE CERTIFICATION,SCRUTINIZED COMPANIES,BOYCOTTING:
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.
28. EXECUTION IN COUNTERPARTS:
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.
29. SEVERABILITY CLAUSE:
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.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
DEP Agreement No.LP35142 Page 11 of 13
30. ENTIRE AGREEMENT:
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.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
DEP Agreement No.LP35142 Page 12 of 13
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. 1 By: gm.
*Signa tire of Person Aut orized to Sign Secretary or designee
6,1 l
L. A Atr-- -1--r-frG\ U I'C fh
Print Name and Title of Authorized kerson Print Name and Title of Authorized Person
44A is avz Date: q (aD-
6e.e.k.t<
Connie Becker,DEP Grant Manager
7Z4 A/1/41
QC Review by:
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 Grantee 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(3 Pages)
Attachment B Payment Request Summary Form(5 Pages)
Attachment C Contract Payment Requirements(1 Page)
Attachment D Progress Report Foiin(1 Page)
Attachment E Special Audit Requirements(5 Pages)
DEP Agreement No.LP35142 Page 13 of 13
•
•
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Clermont West Lake Stormwater
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(SWMP)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 upgrade the existing infrastructure in the Downtown
Redevelopment Area to the recommendations provided in the Grantee's Stormwater Master Plan. The
proposed stormwater improvements will consist of creating a stormwater management facility for the
western portion of Downtown Clermont by constructing a storage,wetland and marsh system.
TASKS and DELIVERABLES:
Task 1: Construction
Task Description: The Grantee will construct a storage,wetland and marsh system in accordance with the
final designs and required permits which will be submitted to the Department's Grant Manager upon
request.Construction will include installing approximately 3,500 linear feet of pipe for a stormwater culvert
to direct flow to the new stormwater management system,excavating approximately 21,000 cubic yards of
soil,replacing/restoring approximately 10,000 cubic yards of fill to create an embankment,and constructing
approximately 3,500 linear feet of retaining and gabion walls.
Deliverable la: Construction completed to date as described in this task, as evidenced by these interim
deliverables: 1)Signed acceptance of the completed 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 that it meets 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 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:
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.
DEP Agreement LP35142, Attachment A, Page 1 of 3
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 lb: Storage, wetland and marsh system 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 14 days prior to payment
request submittal.
PROJECT TIMELINE AND BUDGET DETAIL TABLES:
PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all
deliverables must be received by the designated due date.
Task/ Task Start Task End Deliverable
Deliverable Task or Deliverable Title Date Date Due Date/
No. Frequency
] Construction Agreement 06/15/2018
Execution
1a Interim Deliverables Quarterly
lb Final Deliverables 6/15/2018
BUDGET DETAIL BY TASK:
Task No. Budget Category Budget Amount
1 Contractual Services $500,000
Total for Task: $500,000
DEP Agreement LP35142,Attachment A, Page 2 of 3
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals
for the project as indicated below.
Category Totals Grant Funding,Not to Exceed,$
Contractual Services Total $500,000
Total: $500,000
DEP Agreement LP35142,Attachment A, Page 3 of 3
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: $
G rantee:
(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 $ - $ - $ - $
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.LP35142,Attachment B,Page 1 of 5
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:
0 The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement.
0 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.
0 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.LP35142,Attachment B,Page 2 of 5
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 corresponding budget 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 CUMULATIVE PAYMENT
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 for that 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 shown under 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 the total 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.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP Agreement No.LP35142,Attachment B,Page 3 of 5
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•
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. You should anticipate a response from program staff within 2 business days.
Remit Payment Request by E-mail to the Department's Grant Manager.
Be sure the E-mail.payment request includes the following:
Cc: Department's Grant/Project Manager
Subject: Project Number_Disbursement Number: example—LP14025_Disb_I
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
electronicformat please contact the Department's Grant Manager.
DEP Agreement No.LP35142,Attachment B,Page 5 of 5
ATTACHMENT C
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.LP35142,Attachment C,Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.: LP35142
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.
LP35142 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
DEP Agreement No.LP35142,Attachment D,Page 1 of 1
ATTACHMENT E
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, as revised, 2 CFR Part 200,
Subpart F,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 2 CFR Part 200, Subpart F, 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(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330
(for fiscal year start dates after December 26,2014).
1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014) 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,and 2 CFR Part 200,
Subpart F. 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, and 2 CFR
Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,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,and 2 CFR Part 200,Subpart F.
3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133,as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than$500,000 (or$750,000,as
applicable)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,and 2 CFR Part 200,Subpart F 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 www.cfda.Eov
DEP Agreement No.LP35142,Attachment E,Page 1 of 5
PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 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 11, 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$750,000 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 $750,000 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.myflorida.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 HI:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifi,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
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted,when required
by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of
the recipient directly to each of the following:
DEP Agreement No.LP35142,Attachment E,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:
FDEPSingleAudit@dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR
§200.501(a)(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133,
as revised,and 2 CFR§200.501(a)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/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised,and 2 CFR§200.512.
2. Pursuant to Section .320(f),OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,the recipient
shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, 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:
FDEPSin gleAud itna,dep.state.flus
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
DEP Agreement No.LP35142,Attachment E,Page 3 of 5
a �
Electronically:
FDEPSingleAudit@dep.state.fl.us
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:
FDEP S i n gl eAud it(ad ep.state.fl.u s
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, as revised, and 2 CFR Part 200, Subpart F, 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, as revised and 2 CFR Part 200, Subpart F, 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.LP35142,Attachment E,Page 4 of 5
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