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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />11. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the <br />applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto <br />and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting <br />the Agreement for purposes of assisting the Grantee in complying with the requirements of <br />Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment <br />which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of <br />Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at <br />850/245-2361 to request a copy of the updated information. <br />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 />1 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:/i'apps.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. A. The Grantee may not subcontract work under this Agreement without the prior written consent of <br />the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to <br />the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is <br />ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to <br />be responsible for the fulfillment of all work elements included in any subcontract and agrees to be <br />responsible for the payment of all monies due under any subcontract. It is understood and agreed <br />by the Grantee that the Department shall not be liable to any subcontractor for any expenses or <br />liabilities incurred under the subcontract and that the Grantee shall be solely liable to the <br />subcontractor for all expenses and liabilities incurred under the 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. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds <br />provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state <br />agency. <br />14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing <br />services to the Department under this Agreement. The Grantee acknowledges that this requirement <br />includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules <br />and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of <br />this Agreement. <br />15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt <br />requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses <br />below. <br />DEP Agreement No. S0733, Page 4 of 7 <br />