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B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may <br /> further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall <br /> consider the type of financial assistance(federal and/or state)identified in Attachment E,Exhibit <br /> I when making its determination. For federal financial assistance, the Grantee shall utilize the <br /> guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining <br /> whether the relationship represents that of a subrecipient or vendor. For state financial assistance, <br /> the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations <br /> Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found <br /> under the"Links/Forms"section appearing at the following website: <br /> https.Happs.fldfs.com/fsaa <br /> The Grantee should confer with its chief financial officer,audit director or contact the Department <br /> for assistance with questions pertaining to the applicability of these requirements. <br /> 12. SUBCONTRACTS: <br /> A. The Grantee may subcontract work under this Agreement without the prior written consent of the <br /> Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the <br /> Department within ten (10) calendar days after execution of the subcontract. Regardless of any <br /> subcontract, the Grantee is ultimately responsible for all work to be performed under this <br /> Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included <br /> in any subcontract and agrees to be responsible for the payment of all monies due under any <br /> subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to <br /> any subcontractor for any expenses or liabilities incurred under the subcontract and that the <br /> Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the <br /> subcontract. <br /> B. The Department of Environmental Protection supports diversity in its procurement program and <br /> requests that all subcontracting opportunities afforded by this Agreement embrace diversity <br /> enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the <br /> State of Florida. A list of minority owned firms that could be offered subcontracting opportunities <br /> may be obtained by contacting the Office of Supplier Diversity at(850)487-0915 <br /> 13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: <br /> A. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which <br /> 50 percent or more of the cost will be paid from state-appropriated funds which have been <br /> appropriated at the time of the competitive solicitation, a state, college, county, municipality, <br /> school district, or other political subdivision of the state may not use a local ordinance or <br /> regulation that provides a preference based upon. <br /> i. The contractor's maintaining an office or place of business within a particular local <br /> jurisdiction; <br /> ii. The contractor's hiring employees or subcontractors from within a particular local <br /> jurisdiction,or <br /> iii. The contractor's prior payment of local taxes, assessments, or duties within a particular <br /> local jurisdiction. <br /> B For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, <br /> municipality, school district, or other political subdivision of the state shall disclose in the <br /> solicitation document that any applicable local ordinance or regulation does not include any <br /> preference that is prohibited by Paragraph A. <br /> DEP Agreement No. S0839,Page 6 of 1 l <br />