HomeMy WebLinkAbout2017-142A STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below,pursuant to Section 215.971.Florida Statutes:
1. Project Title(Project) Agreement Number
Osprey Acres Floway and Nature Preserve NS027
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee.Florida 32399-3000 (Department)
Grantee Name:Indian River County Entity Type
Local Government
Grantee Address: 1801 27th Street,Vero Beach,Florida 32960 FEID: 59-60000674
(Grantee 1
3. Agreement Begin Date: Date of Expiration:
Upon Execution June 30,2020
4. Project Number: Project Location(s):
Indian River County,Florida
(Ifdifferent from Agreement Number)
Project Description:
Construction of the Osprey Acres Stormwater Park,which will include primary treatment train processes,attendant
infrastructure,and approximately six acres dedicated to an ancillary,created wetland.
5. Total Amount of Funding: 1 FundingSource? Award#s or Line Item Apptropriations: [mount per Source(s):
® State ❑Federal Line Item No.1624,GAA,FY 2016-2017 i $1,200,000.00
$2,434,286.00 ® State ❑Federal Line Item No.1606A,GAA,FY 2017-2018 $1,234,286.00
❑ State ❑Federal
❑ State ❑Federal
6. Department's Grant Manager Grantee's Grant Manager
Name: Taufiqul Aziz Name: Keith McCully
or successor or successor
Address: 3900 Commonwealth Blvd.,MS 3570 Address:1801 27th Street
Tallahassee,Florida 32399-3000 Vero Beach,Florida 32960
Phone: (850)245-22950
_... _ Phone:(772)226-1562
Email: taufit}ul.aziz@delt.state.fl.us Email:kmccullyraarcgov.com
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incor)orated by reference:
Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements
IZ Attachment 2:Special Terms and Conditions
g Attachment 3:Grant Work Plan _ �^
g Attachment 4:Public Records Requirements
®Attachment 5: Special Audit Requirements
❑ Attachment 6:Program-Specific Requirements
❑Attachment 7:Grant Award Terms(Federal)
O Attachment 8:Federal Regulations and Terms(Federal)
❑ Additional Attachments(if necessary):
®Exhibit A:Progress Report Form
❑Exhibit B:Disclosure of Lobbying Activities(Federal)
❑Exhibit C:DEP Property Reporting Form
L71 Exhibit D:Payment Request Summary Form
PI Exhibit E:Quality Assurance Requirements
❑Exhibit F:Advance Payment Terms and Interest Earned Memo
0 Additional Exhibits(if necessary):
Rev.5/25/17
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Numbers s)t FAIN).
Federal Award Date to Department
Total Federal Funds Obli-ated by y this Ae�reement•
Federal Awarding Agenc}:
Award R&D?
❑ Yes ❑N/A
IN WITNESS WHEREOF,this Agreement is being executed by the Parties and is effective on the date in the Agreement
Begin Date above or the last date signed below,whichever is later.
9-Indian River County . ••••'~•••,
...am c. T'i'?•., GRANTEE
Grantee Name r'o`'-. ...s.,..
By
f"'—'` :f :r .-..',';1. October 3, 2017
(Al: ?rite Signature) :': 4: :*3 Date Signed
E� a h Fid i::l t'1.._ ''ec3 nnari •?
DWRA Additional Signatures
DEP Grant Manager
Kslisi iltivi
DEP QC Reviewer
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and attached hereto(Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements,whether written or oral,with respect to such subject matter. Any preprinted terms and conditions included
on Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions between the documents that make up the Agreement,
the order of precedence for the documents is as follows:
i. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant
Agreement
ii. Standard Grant Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication between the parties,including all notices,shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be 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.
c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties'records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement
between both parties. 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 categories,as defined in Attachment 3,Grant Work Plan,that exceeds
or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. A change
order to this Agreement may be used 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 3,
Grant Work Plan, are less than ten percent (10%) of the total budget as last approved by the Department, or
without limitation to changes to approved fund transfers between budget categories for the purchases of meeting
match requirements. This Agreement may be amended to provide for additional services if additional funding is
made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions.However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan.Deliverables may be comprised of activities that must be completed prior to the Department
making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
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5. Performance Measures.
The Grantee warrants that:(1)the services will be performed by qualified personnel; (2)the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe
upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,
subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,if provided
by the Department, for work done at the Project Location(s). The Department reserves the right to investigate or
inspect at any time whether the services or qualifications offered by the Grantee meet the Agreement requirements.
Notwithstanding any provisions to the contrary,written acceptance of a particular deliverable/minimum requirement
does not foreclose the Department's remedies in the event those performance standards that cannot be readily
measured at the time of delivery are not met.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by the Department's Grant
Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that
remain outstanding,within a reasonable time at the Grantee's expense.If the Department's Grant Manager does
not accept the deliverables within 30 days of receipt,they will be deemed rejected.
b. Re:cction of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant
Work Plan,as incomplete, inadequate,or unacceptable due,in whole or in part,to the Grantee's lack of
satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected
deliverables will be at the Grantee's sole expense.The Grantee shall only invoice the Department for
deliverables that are completed in accordance with the Grant Work Plan. Failure to fulfill the applicable
technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in
rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued
unless the rejected deliverable is made acceptable to the Department in accordance with the Agreement
requirements. The Department,at its option,may allow additional time within which the Grantee may remedy
the objections noted by the Department.The Grantee's failure to make adequate or acceptable said deliverables
after a reasonable opportunity to do so may constitute an event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement.These consequences for
nonperformance shall not be considered penalties.
b. Corrective Action Plan. If the Grantee fails to correct all the deficiencies in a rejected deliverable within the
specified timeframe,the Department may,in its sole discretion,request that a proposed Corrective Action Plan
(CAP)be submitted by the Grantee to the Department. The Department shall provide the Grantee with a written
request for a CAP that specifies the outstanding deficiencies. All CAPs must be able to be implemented and
performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a CAP within ten(10)calendar days of the date of the written request from
the Department.The CAP shall be sent to the 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.
ii. 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.
iii. 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.
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8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable
established by the Grant Work Plan,and the billing procedures established by the Department,the Department
agrees to pay the Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).To
obtain the applicable interest rate,please refer to:
http://www.myfloridacfo.com/Division/AA/Vendors/default.htm.
b. Taxes. The Department is exempted from payment of State sales and use taxes and Federal excise taxes. The
Grantee,however,shall not be exempted from paying any taxes that it is subject to,including State sales and use
taxes,or for payment by the Grantee to suppliers for taxes on materials used to fulfill its contractual obligations
with the Department.The Grantee shall not use the Department's exemption number in securing such materials.
The Grantee shall be responsible and Iiable for the payment of all its FICA/Social Security and other taxes
resulting from this Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project are the responsibility of the Grantee.
d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit D, 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:hiti'://www.m,,floridacfo.etan!aadir/reference guide(.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department
pursuant to the Grant Work Plan shall be submitted to the Department in sufficient detail for a proper pre-audit
and post-audit to be performed.
f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by the Department's Grant Manager.
g. Final Payment Request.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 ensure the availability of funds for payment.
However,all work performed pursuant to the Grant Work Plan must be performed on or before the completion
date of the Agreement.
h. Annual Appropriation Contingency. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.This Agreement is not a commitment
of future appropriations. Authorization for continuation and completion of work and any associated payments
may be rescinded,with proper notice,at the discretion of the Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following
conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs.If the Grantee is being reimbursed for or claiming match
for multipliers, 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 the Grantee 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 shall be charged on the excessive rate.
c. Contractual Costs (Subcontract'r . Match or 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 eligible 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 shall be charged on
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the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more
purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,
F.S.,and Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.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.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3,Grant Work Plan.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(e.g.,Invitation to Bid,Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from the Department to award a fixed-price
subcontract resulting from procurement methods other than those identified 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.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055,F.S.or the Brooks Act,the Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing
$1,000 or more. Match or reimbursement for the Grantee's direct purchase of equipment is subject to specific
approval of the Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Property Reporting Form.
f. Rental/Lease of Equipment—Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction,or mailing,arc reimbursable or available for match or reimbursement under the
terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the
Department shall not reimburse any of the following types of charges:cell phone usage,attorney's fees or court
costs,civil or administrative penalties,or handling fees,such as set percent overages associated with purchasing
supplies or equipment.
h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the
following,as applicable: Copies of Property Appraisals,Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,the Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A,
Progress Report Form,to the Department's Grant Manager describing the work performed during the reporting
period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty(20)calendar days following the completion of the
quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on
March 31,June 30,September 30 and December 31. The Department will review the required reports submitted
by the Grantee within thirty(30)days.
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11. Retainage.
The following provisions apply if the Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement to a maximum percentage described in the Special Terms and Conditions. Retainage may
be withheld from each payment to Grantee pending satisfactory completion of work and approval of all
deliverables.
b. The Department reserves the right to withhold payment of retainage for Grantee's failure to respond to or correct
identified deficiencies within the timeframe stipulated in the Grant Work Plan. The Department shall provide
written notification to Grantee of identified deficiencies and the Department's intent to withhold retainage.
Grantee's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will
result in forfeiture of retainage by Grantee.
c. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall
forfeit its right to payment for the work and the retainage called for under the entire Grant Work Plan. Failure to
perform includes,but is not limited to,failure to submit the required deliverables or failure to provide adequate
documentation that the work was actually performed.
d. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
e. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain
insurance coverage of such types and with such terms and limits described below. The limits of coverage under
each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations
under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies
in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and
operating under the laws of Florida.Additional insurance requirements for this Agreement may be required
elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are:
i. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such
liability insurance at all times during the Agreement. The Department of Environmental
Protection,its employees,and officers shall be named as an additional insured on any general
liability policies. The minimum limits shall be$200,000 each individual's claim and$300,000
each occurrence.
ii. Workers' Compensation and Employer's Liability Coverage.
The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and
employer's liability insurance with minimum limits of$100,000 per accident,$100,000 per
person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any
work under the Agreement.
iii. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain
automobile liability,bodily injury,and property damage coverage. Insuring clauses for both
bodily injury and property damage shall provide coverage on an occurrence basis. The
Department of Environmental Protection,its employees,and officers shall be named as an
additional insured on any automobile insurance policy. The minimum limits shall be as follows:
$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.
Additional insurance may be required by federal law,where applicable,if any work proceeds over
or adjacent to water,including but not limited to Jones Act,Longshoreman's and Harbor
Worker'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.
b. Insurance Requirements for Sulb-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as
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described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
c. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided through an insurance
trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as
an additional covered party everywhere the Agreement requires them to be added as an additional insured.
Further,notwithstanding the requirements above,if Grantee is self-insured,then the Department of
Environmental Protection,its employees,and officers do not need to be listed as additional insureds.
d. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
e. Proof of Insurance. Upon execution of this Agreement,the Grantee shall provide the Department
documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to
performance of any work under this Agreement. Upon receipt of written request from the Department,the
Grantee shall furnish the Department with proof of applicable insurance coverage by standard form certificates
of insurance,a self-insured authorization,or other certification of self-insurance.
f. Failure to Maintain Ciweraee. In the event that any applicable coverage is cancelled by the insurer for any
reason,the Grantee shall immediately notify the Department of such cancellation and shall obtain adequate
replacement coverage conforming to the requirements herein and provide proof of such replacement coverage
within ten(10)calendar days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience. The Department may terminate the Agreement in whole or in part by giving 30
days'written notice to the Grantee,when the Department determines,in its sole discretion,that it is in the State's
interest to do so. The Department shall notify the Grantee of the termination for convenience with instructions
as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.
The Grantee shall not furnish any service or deliverable after it receives the notice of termination,unless otherwise
instructed in the notice. The Grantee shall not be entitled to recover any cancellation charges or lost profits. 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.
b. Termination for Cau.c.The Department may terminate this Agreement if any of the events of default described
below occur or in the event that the Grantee fails to fulfill any of its other obligations under this Agreement.The
Grantee shall continue work on any portion of the Agreement not terminated. If,after termination,it is determined
that the Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall
be the same as if the termination had been issued for the convenience of the Department.The rights and remedies
of the Department in this clause are in addition to any other rights and remedies provided by law or under this
Agreement.
c. Grantee Obligations upon Notice of Termination After receipt of a notice of termination or partial termination,
and except as otherwise directed by the Department,the Grantee shall stop performing services on the date,and
to the extent specified,in the notice.
14. Notice of Default.
If the Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including,
without limitation,any of the events of default listed below,the Department shall provide notice to the Grantee and
an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to
perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail
to perform within the time provided, the Grantee will be found in default, and the Department may terminate the
Agreement effective as of the date of receipt of the default notice.
15. Events of Default.
Provided such failure is not the fault of the Department or outside the reasonable control of the Grantee,the following
non-exclusive list of events,acts,or omissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by the Grantee,including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of such,made by the Grantee in this Agreement or in its application for funding.
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c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information.
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement,including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and the like furnishing labor or materials, or failure to make
payment to any other entities as required herein in connection with the Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;and
i. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the
specified 30-day period,the Grantee(including its receiver or trustee in bankruptcy)provides to the Department
adequate assurances,reasonably acceptable to the Department,of its continuing ability and willingness to fulfill
its obligations under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by the Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of the Grantee's business or property;
and/or
iv. An action by the Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is
in the best interest of the State to do so. The Department shall provide the Grantee written notice outlining the
particulars of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,
declaration of emergency,or other such circumstances. After receiving a suspension notice,the Grantee shall comply
with the notice.Within 90 days,or any longer period agreed to by the parties,the Department shall either:(1)issue a
notice authorizing resumption of work, at which time activity shall resume; or(2)terminate the Agreement. If the
Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty
(30)days'notice required for a notice of termination for convenience.Suspension of work shall not entitle the Grantee
to any additional compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of the Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,
acts of public enemies,strikes,fires,floods,or other similar cause wholly beyond the Grantee's control,or for any of
the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Grantee. In
case of any delay the Grantee believes is excusable,the Grantee shall notify the Department in writing of the delay or
potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create
the delay first arose,if the Grantee could reasonably foresee that a delay could occur as a result;or(2)if delay is not
reasonably foreseeable,within five days after the date the Grantee first had reason to believe that a delay could result.
THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH
RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. No claim for damages, other than for an extension of time,shall be asserted against the Department. The
Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Department for
direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause
whatsoever.If performance is suspended or delayed,in whole or in part, due to any of the causes described in this
paragraph,after the causes have ceased to exist the Grantee shall perform at no increased cost,unless the Department
determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to the Department,
in which case the Department may(1)accept allocated performance or deliveries from the Grantee,provided that the
Grantee grants preferential treatment to Department with respect to products subjected to allocation;(2)contract with
other sources(without recourse to and by the Grantee for the related costs and expenses)to replace all or part of the
products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;
or(3)terminate the Agreement in whole or in part.
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18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees,partners, or subcontractors and shall
fully indemnify, defend,and hold harmless the Department and its officers,agents, and employees, from suits,
actions,damages,and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that the
Grantee shall not indemnify for that portion of any loss or damages proximately caused by the
negligent act or omission of the Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of the Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon the
Department giving the Grantee(1)written notice of any action or threatened action;(2)the opportunity to take
over and settle or defend any such action at Grantee's sole expense;and(3)assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost,expense, or compromise incurred or made
by the Department in any legal action without the Grantee's prior written consent,which shall not be unreasonably
withheld.
c. Notwithstanding sections a.—b.above,the following is the sole indemnification provision that applies to Grantees
that are governmental entities: 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,F.S.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.
d. No provision in this Agreement shall require the Department to hold harmless or indemnify the Grantee,insure
or assume liability for the Grantee's negligence,waive the Department's sovereign immunity under the laws of
Florida,or otherwise impose liability on the Department for which it would not otherwise be responsible. Any
provision,implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make the Grantee liable for force majeure events.Nothing in this
Agreement, including financial consequences for nonperformance, shall limit the Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity.The Department may,in addition to
other remedies available to it at law or in equity and upon notice to the Grantee,retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
The delay or failure by the Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial
exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens 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.
b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity;may not submit a bid, proposal,or reply on a
contract with a public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
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ii. Discriminatory Venders. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid,proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals,or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier,subcontractor,or consultant under a contract with any public entity;and may not transact
business with any public entity.
iii. N�lification. The Grantee shall notify the Department if it or any of its suppliers,subcontractors,
or consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. 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.
23. Compliance with Federal,State and Local Laws.
a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. 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.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit,in and for Leon County. Except as otherwise provided by law,the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
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.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section
287.058(6), F.S., during the term of any executed agreement between the Grantee and the State, the Grantee may
lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation
regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S.
26. Record Keeping.
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 that any work is subcontracted,the Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of the Department's Inspector General,or other authorized
State official,the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or
financial records,documents,or files of any type or form that refer to or relate to the Agreement.The Grantee shall
retain such records for the longer of: (1)three years after the expiration of the Agreement;or(2)the period required
by the General Records Schedules maintained by the Florida Department of State (available at:
httpildos_mvfiorida.com/libran(-archives/records-manage,-ment%generat-records-schedules/).
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27. Audits.
a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the
inspector general in any investigation,audit, inspection, review,or hearing.The Grantee will comply with this
duty and ensure that its Subcontracts issued under this Agreement,if any,impose this requirement,in writing,on
its sub-grantees.
b. Physical Access and Instpection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement,with reasonable notice and during normal business hours,including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and,
iii. 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.
c. Special Audit Re.iuirements. The Grantee shall comply with the applicable provisions contained in Attachment
5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include
an updated copy of Exhibit 1,to Attachment 5. If the Department fails to provide an updated copy of Exhibit 1
to include in each amendment that authorizes a funding increase or decrease,the Grantee shall request one from
the Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or
state)identified in Attachment 5,Exhibit I and determine whether the terms of Federal and/or Florida Single
Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement.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:https:\\apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs
to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). The Department
may also request a cost allocation plan in support of its multipliers(overhead, indirect, general administrative
costs,and fringe benefits). The Grantee must provide the additional proof within thirty(30)calendar days of such
request.
e. No CommingIini;, of Funds. 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.
i. 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.
ii. 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 and interest shall be charged for those recovered
costs as calculated on from the date(s) the payment(s) are recovered by the Grantee to the date
repayment is made to the Department.
28. 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.
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29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of the Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions,all services contracted for are to be performed
solely by the Grantee and may not be subcontracted or assigned without the prior written consent of the
Department.
b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to the Department's secure information or any facility by any
Grantee employee,subcontractor,or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve the Grantee of its obligation to perform all
work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due
under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities
incurred under any subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under any subcontract.
e. The Department will not deny the Grantee's employees,subcontractors,or agents access to meetings within the
Department's facilities,unless the basis of the Department's denial is safety or security considerations.
f. 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.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both
the Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted
products or services were obtainable from other sources in sufficient time for the Grantee to meet the required
delivery schedule.
31. Guarantee of Parent Company.
If the Grantee is a subsidiary of another corporation or other business entity,the Grantee asserts that its parent company
will guarantee all of the obligations of the Grantee for purposes of fulfilling the obligations of the Agreement. In the
event the Grantee is sold during the period the Agreement is in effect,the Grantee agrees that it will be a requirement
of sale that the new parent company guarantee all of the obligations of the Grantee.
32. Survival.
The respective obligations of the parties,which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation,the obligations regarding confidentiality, proprietary interests, and
public records,shall survive termination,cancellation,or expiration of this Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of the Grantee,
its agents, servants,and employees,nor shall the Grantee disclaim its own negligence to the Department or any third
party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the
parties. If the Department consents to a subcontract, the Grantee will specifically disclose that this Agreement does
not create any third-party rights. Further, no third parties shall rely upon any of the rights and obligations created
under this Agreement.
34. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions
are severable to that void provision,and shall remain in full force and effect.
35. Grantee's Employees,Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under
the Agreement must comply with all security and administrative requirements of the Department and shall comply
with all controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement,or under
any purchase order issued pursuant to the Agreement,without the prior written consent of the Department.In the event
of any assignment,the Grantee remains secondarily liable for performance of the Agreement,unless the Department
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expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to the
Grantee of its intent to do so.
37. Prohibited Local Government Construction Preferences.
Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which 50 percent(50%)
or more of the cost will be paid from state-appropriated funds that 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:
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.
For any competitive solicitation that meets the criteria of this section, 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 this section.
38. Prohibited Governmental Actions for Public Works Projects.
Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are
prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers and
prohibited from restricting qualified bidders from submitting bids.
a. "Political subdivision" means separate agency or unit of local government created or established by law or
ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other
municipality;or a department,commission,authority,school district,taxing district,water management district,
board,public corporation, institution of higher education,or other public agency or body thereof authorized to
expend public funds for construction,maintenance,repair or improvement of public works.
b. "Public works project"means an activity of which fifty percent(50%)or more of the cost will be paid from state-
appropriated funds that were appropriated at the time of the competitive solicitation and which consists of
construction,maintenance,repair,renovation,remodeling or improvement of a building,road,street,sewer,storm
drain,water system,site development,irrigation system,reclamation project,gas or electrical distribution system,
gas or electrical substation,or other facility,project, or portion thereof that is owned in whole or in part by any
political subdivision.
c. Except as required by federal or state law,the state or political subdivision that contracts for a public works project
may not require that a contractor,subcontractor or material supplier or carrier engaged in such project:
i. Pay employees a predetermined amount of wages or prescribe any wage rate;
ii. Provide employees a specified type,amount,or rate of employee benefits;
iii. Control,limit,or expand staffing;or
iv. Recruit,train,or hire employees from designated,restricted,or single source.
d. For any competitive solicitation that meets the criteria of this section, the state or political subdivision that
contracts for a public works project may not prohibit any contractor,subcontractor,or material supplier or carrier
able to perform such work who is qualified,licensed,or certified as required by state law to perform such work
from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and
Section 287.134,F.S.
e. Contracts executed under Chapter 337,F.S.are exempt from these prohibitions.
39. Execution in Counterparts and Authority to Sign.
This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT AGREEMENT
SPECIAL TERMS AND CONDITIONS
AGREEMENT#NS027
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1.Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the Osprey Acres Floway and Nature Preserve. The Project is defined
in more detail in the Attachment 3,Grant Work Plan.
2. Duration.
a. Reimbursement Period.
The reimbursement period for this Agreement is the same as the term of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Comnensation. This is a cost reimbursement agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing.Invoicing will occur as indicated in Attachment 3.
c. Advance Pa . Advance Pay is not authorized under this Agreement.
4. Costs Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement Match Category
❑
E Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
El 0 a. Fringe Benefits,N/A.
❑ ❑ b. Indirect Costs,for actual costs not to exceed the budget amount
identified in Attachment 3.
• ® Contractual(Subcontractors)
❑ ❑ Travel
❑
El Equipment
❑ ❑ Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
No Equipment purchases shall be funded under this Agreement.
There will be no Land Acquisitions funded under this Agreement.
5. Match Requirements.
The Agreement requires at least an 11%match on the part of the Grantee. Therefore,the Grantee is responsible for
providing$300,000 through cash or third party in-kind towards the work funded under this Agreement.
The Grantee may claim allowable project expenditures made on or after execution for purposes of meeting its match
requirement as identified above.
Attachment 2,Agreement#NS027
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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 will not be processed until the match
requirement has been met.
If,upon completion of this Project,actual Project costs are less than the total estimated Project costs,and there are
no pending payment requests,the Grantee's required match may be reduced proportionately,as long as at least an
11%match of the actual total cost of the Project is provided by the Grantee and the reduced amount satisfies
statutory and program requirements.
6. Quality Assurance Requirements.
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 Exhibit E,Quality Assurance Requirements for Contracts and Grants,if applicable.If the
Project does not involve environmentally-related measurements or data generation,this Attachment shall not be
required and shall be intentionally excluded.
7. Additional Lobbying Requirements for Federally-Funded Agreements
This Agreement is not federally funded.
8. Miscellaneous Contract Terms.
a. Retainage.
Retainage is permitted under this agreement. Retainage may be up to a maximum of 10%of the total amount of the
Agreement.
b. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Grant Manager
except for certain fixed-price subcontracts pursuant to 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.
c. State-owned land.
The work will not be performed on State-owned land.
d. Office of Policy and Budget Reporting.
Additional Requirements for Proiects with Specific Line Item Appropriations. 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.roilu_lavbs.state.fl.us.and a copy shall also be submitted to the Department at le'isiativeaffairs t)deostate.fl.us
9. Additional Terms.
None.
Attachment 2,Agreement#NS027
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ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Osprey Acres Floway and Nature Preserve
PROJECT LOCATION: The Project will be located at 925 5th Street SW,City of Vero Beach,Indian
River County,Florida. See Figure 1 for a location map and Figure 2 for a site plan view.
PROJECT BACKGROUND: The proposed Osprey Acres Stormwater Park will receive effluent from
Osprey Marsh,an abutting regional pollution control facility that receives and treats up to 10 million gallons
per day (mgd) of canal water and up to 1.5 mgd of reverse osmosis concentrate from a water treatment
plant.Osprey Acres will further reduce the total nitrogen(TN)and total phosphorus(TP)in Osprey Marsh's
effluent and from additional unprocessed canal water. Osprey Acres is sized to treat up to 12 mgd and all
treated water will flow to its original discharge point, the Indian River Lagoon. After construction is
complete, Osprey Acres will function as a Managed Aquatic Plant System (MAPS), meaning those
treatment units which accumulate nutrients through settling,direct plant uptake,or both,will be harvested
through mechanical means and the harvested material windrow will be composted onsite or elsewhere,and
potentially distributed for reuse within the wider community. Osprey Acres Stormwater Park will be
operated with a strategic goal of sustainable nutrient removal and recovery; environmental enhancement
and promotion of species diversity within a previously disturbed ecostructure through emulation of pre-
disturbed conditions; optimization of community opportunities for education and nature studies; and
demonstration of the benefits of nutrient recovery and reuse.
PROJECT DESCRIPTION: The Grantee will construct the Osprey Acres Stormwater Park,which will
include the primary treatment train processes, attendant infrastructure for operation of the facility as a
MAPS,and approximately six acres dedicated to an ancillary,created wetland,which will involve removal
of exotics and creation of wetland features.The system will receive effluent from the Osprey Marsh Algal
Turf Scrubber's effluent polishing pond and additional untreated canal water. The main treatment train
follows this general sequence: Settling ponds, floating aquatic plant scrubbers,filter marsh units,shallow
marsh systems,and a series of floways in which submerged and emergent aquatic plants will be cultivated.
The system is projected to remove between 3,700 to 8,400 pounds/year TN and 315 to 370 pounds/year TP.
Infrastructure for the harvesting and composting of material will include the following access and
maintenance provisions for attendant equipment and personnel: Drainage and windrow pads between the
parallel units for processing harvested material,areas for solids processing and temporary material storage,
site entrance road,driveway,parking area,site fencing and gates,operations building,and millings service
road and work pad areas. Other features will include walking paths for community use.
TASKS and DELIVERABLES:
Task 1: Construction and Project Management
Task Description: The Grantee will construct the Osprey Acres Stormwater Park in accordance with the
construction contract documents. The project includes construction of the following: Piping connections
to the Osprey Marsh Algal Turf Scrubber's effluent polishing pond;untreated canal water influent piping;
two settling ponds; two floating aquatic plant scrubber units; two filter marshes; two shallow marsh
systems; floway system; process connection piping; water control structures; discharge piping into the
receiving water body;creation of wetland;walking paths;and infrastructure for operation of the facility as
a MAPS.
The Grantee will also perform construction oversight and project management,to include field engineering
services,construction observation,site meetings with construction contractor,and design professionals,and
DEP Agreement No.NS027,Attachment 3,Page 1 of 7
overall project coordination and supervision. If the Grantee contracts these services, the Grantee will
procure such services in accordance with state law.
Deliverable la: Construction and project management 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) interim progress status summaries including
summary of inspection(s), representative photos, meeting minutes and field notes, as applicable, and 4)
dated color photographs of on-going work representing the time period covered in the payment request.
These interim deliverables must be submitted 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
being performed in accordance with the Grantee's construction contract documents. 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 submittal period
under this task.
Deliverable lb: Osprey Acres Stormwater Park 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 construction contract documents.
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. 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: The deliverables must be submitted and accepted prior to each payment
request and may be submitted no more frequently than quarterly.
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 ensure review of 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.
DEP Agreement No.NS027,Attachment 3,Page 2 of 7
Performance Standard: The Department's Grant manager will review the Final QAPP to ensure that draft
comments have been taken into consideration and the Final QAPP is in compliance with this Agreement
and the quality assurance requirements.
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 draft or final (when submitting final request)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.
Performance Standard: The Department's Grant Manager will review the monitoring results for
completion and compliance with QAPP requirements.
Task 4: Public Education
Task Description: The Grantee will provide public education information about the project and its
environmental benefits in the following format: Information published on the County Stormwater Division
website. The website will be updated as appropriate.
Deliverable 4a: Provide the active link for the website as designed or updated with project information to
the Department's Grant Manager with expectation that draft material is provided for review prior to
finalization. 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: Incorporate any suggested changes to the website or information posted there and provide
documentation to demonstrate the website's service functionality. 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.
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:
• 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 or locally pledged contributions 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.
DEP Agreement No.NS027,Attachment 3,Page 3 of 7
• 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 Best
Management Practice(BMP) approach 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 taken into
consideration, 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 deliverables to ensure that they
meet the specifications in the Grant Work Plan and this task description.
PROJECT TIMELINE: The tasks must be completed and all deliverables received by the corresponding
task end date.
Task/
Deliverable Task or Deliverable Title Task Start Date Task End Date
No.
1 Construction and Project Management Upon Execution July 31,2018
2 Quality Assurance Project Plan Upon Execution April 30,2018
2a Draft QAPP Upon Execution December 31,
2017
2b Final QAPP Upon Execution April 30,2018
3 Monitoring October 1,2018 September 30,
2019
4 Public Education Upon Execution December 31,
2019
4a Draft Deliverable Upon Execution November 30,
2019
4b Final Deliverable Upon Execution December 31,
2019
5 Final Report Upon Execution December 31,
2019
DEP Agreement No.NS027,Attachment 3, Page 4 of 7
BUDGET DETAIL BY TASK:
Task No. Budget Category j TMDL Category Legislative I Local Match
i I Grant Amount Appropriation Amount
Amount
1 Contractual Services $1 200.000 $1.234286 I $300,000
Total for Task: $1.200,000 ! $1134.286 I $300,000
2 No Grant Funds or Required Grantee Match Funds Associated with this Task.
3 No Grant Funds or Required Grantee Match Funds Associated with this Task.
4 i No Grant Funds or Required Grantee Match Funds Associated with this Task.
5 No Grant Funds or Required Grantee Match Funds Associated with this Task.
Percentage: 43.9% 45.1% 11%
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals
for the project as indicated below. Match funding shall be provided in the categories indicated below.
TMDL Category Legislative
Category Totals Grant Funding, Appropriation Local Match
Not to Exceed,$ Funding,Not to Funding,$
Exceed,$
Contractual Services Total $1,200,000 $1,234,286 $300,000 '
Totals: $1.200,000 $1.234.286 $300.000
PROJECT MATCH SUMMARY(Match to TMDL Category Grant):
Task No. Budget Category Legislative Local Match
Appropriation Funding
Funding
1 , Contractual Services $900,000 I $300,000
Total for Task: $900,000 $300.000
2 No Required Grantee Match Funds Associated with this Task.
3 No Required Grantee Match Funds Associated with this Task.
4 No Required Grantee Match Funds Associated with this Task.
5 No Required Grantee Match Funds Associated with this Task.
Percentage: 1 75% ( 25%
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.NS027,Attachment 3,Page 5 of 7
FIGURE 2 _LOCATION MAP
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DEP Agreement No.NS027,Attachment 3,Page 6 of 7
FIGURE 2—SITE PLAN
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DEP Agreement No.NS027,Attachment 3,Page 7 of 7
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records
a. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the
Department in its performance of services under the Agreement,the Grantee must allow
public access to all documents,papers, letters, or other material,regardless of the physical
form, characteristics, or means of transmission, made or received by the Grantee in
conjunction with the Agreement(Public Records), unless the Public Records are exempt
from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow
public access to Public Records as required by law.
2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable.
For the purposes of this paragraph, the term "contract"means the"Agreement." If the
Grantee is a"contractor" as defined in section 119.0701(1)(a),F.S.,the following provisions
apply:
a. Keep and maintain Public Records required by the Department to perform the service.
b. Upon request, provide the Department with a copy of requested Public Records or allow the
Public Records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119, F.S.,or as otherwise provided by law.
c. A contractor who fails to provide the Public Records to the Department within a reasonable
time may be subject to penalties under section 119.10, F.S.
d. Ensure that 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
contract term and following completion of the contract if the contractor does not transfer the
Public Records to the Department.
e. Upon completion of the contract,transfer, at no cost, to the Department all Public Records in
possession of the contractor or keep and maintain Public Records required by the Department
to perform the service. If the contractor transfers all Public Records to the Department upon
completion of the contract, the contractor shall destroy any duplicate Public Records that are
exempt or confidential and exempt from Public Records disclosure requirements. If the
contractor keeps and maintains Public Records upon completion of the contract,the
contractor shall meet all applicable requirements for retaining Public Records. All Public
Records stored electronically must be provided to the Department,upon request from the
Department's custodian of Public Records, in a format specified by the Department as
compatible with the information technology systems of the Department.These formatting
requirements are satisfied by using the data formats as authorized in the contract or Microsoft
Word,Outlook,Adobe,or Excel, and any software formats the contractor is authorized to
access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE
Rev.5/26/17 Attachment 4
I of 2
CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF
PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services' i dep.sta.te.fl.us
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public
Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Rev.5)26/17 Attachment 4
2 of 2
ATTACHMENT 5
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 interact at www.cfda.t.ov
Attachment 5
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 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$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:/iapps.fldfs.coni isaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at httil://www.ler.,tite.fl.us,Welcomelind,x.cfin, State of Florida's website at
httl'://www.mt fl.,'rida.coml, Department of Financial Services' Website at h•+n://ww'. .f1dfs.com/ and the
Auditor General's Website at htti.://www.state.11.thlauden
en
PART HI:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck 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 fill 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 CER 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:
Attachment 5
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:
I'llliYSin feAudit dc.'.statc.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 httil:/lharvekter.census.t ov1facwe
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:
FDEPSinvleAudit,4 dev.state.fl.u,
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
Attachment 5
3 of 5
Electronically:
FDFPSin2le_Audit de;'.state.tl.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
EIectronically:
l'llEPSingleAudit(ci 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, 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
Attachment 5
4 of 5
EXHIBIT—1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Arend Number CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matchini Resources for Federal Programs:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title E Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97,F.S.:
State CSFA Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding.Source Description Funding Amount Cates;orti
Original General Appropriations 2016-2017 37.039 Statewide Surface Water Restoration $1,200,000 088964
Agreement Line Item 1624 and Wastewater Projects
Original General Appropriations 2017-2018 37.039 Statewide Surface Water Restoration i $1,234,286 140047
Agreement Line Item 1606A and Wastewater Projects
Total Award $2,434,286 I ��
For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA)
[www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCataJog.aspx]. The services/purposes for
which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
Attachment 5
5 of 5
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Progress Report Form
Exhibit A
DEP Agreement No.: NS027
Grantee Name:
Grantee Address:
Grantee's Grant Manauer: Telephone No.: I
Re sorting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant Work
PIan: 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.
NS027 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
Exhibit A,DEP Agreement#:NS027
1 of 1
Rev.5/30/2017
1
EXHIBIT D
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 $ - $ s - $
Fringe Benefits $ - $ S - S -
Indirect Cost $ - $ - $ - $ -
Contractual(Subcontractors) $ - $ - S - $ -
Travel $ - $ ` - $ -
Equipment(Direct Purchases) $ - $ - $ - $ -
Rental/Lease of Equipment $ - $ - S S -
Miscellaneous/Other Expenses $ - $ S - $ -
Land Acquisition $ - S - S - S -
lb
TOTAL AMOUNT $ 5 S S
TOTAL BUDGET
ALL TASKS) $ S
Less Total Cumulative Payment $ $
Requests of:
TOTAL REMAINING
(ALL TASKS) $ S
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.NS027,Exhibit D,Page 1 of 5
Grantee's Certification of Payment Request
1, _ ,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.
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.NS027,Exhibit D,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 thc"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.NS027,Exhibit D,Page 3 of 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
REQUEST FOR PAYMENT—PART II
REIMBURSEMENT DETAIL
Grantee Name: I Payment Request No.:
DEP Agreement No.:
Local Share or
Invoice Invoice Amount Other Funding or Requested Amount Task/Deliverable
Vendor Name Number Invoice Date (1) Amount Not (3) Check Number Number(4)
Requested(2)
$ - 4 $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ $
$ - $ -
$ - $
$ - $ -
$ - $
$ - $ -
$ - $ -
Totals: $ - $ -
DEP Agreement No.NS027,Exhibit D,Page 4 of 5
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-mailin2:
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: Depattntent's Grant/Project Manager
Subject: Project Number_Disbursement Number: example—LP 14025_Disb_l
Attachments:
I) 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.NS027,Exhibit D,Page 5 of 5
EXHIBIT E
Department of Environmental Protection
Quality Assurance Requirements for Contracts and Grants
1. GENERAL REQUIREMENTS AND DEFINITIONS
a. As applicable to the scope of services described in the contract work plan or other statement of
work for this contract, the sampling, field testing and laboratory analyses performed under this
contract shall 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-QA-002/02), February 2002.
b. Hereinafter, "DEP"or"Department" refers to the Florida Department of Environmental Protection.
G. "Sample" and "sampling" refers to samples that shall be either collected or analyzed under the
terms of this contract.
2. REQUIREMENTS FOR LABORATORIES
a. All applicable laboratory testing activities shall be 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 this contract. Laboratory
certification requirements are described in rule 62-160.300, F.A.C. Certification is not required for
laboratory tests outside of the scope of DoH ELCP accreditation as determined according to 62-
160.300(5)(c), F.A.C.
b. For samples collected from a non-potable water matrix, the certification requirement is met if the
laboratory is certified for the contracted analyte(s) in at least one method utilizing an analytical
technology appropriate for the contract, as determined by the Department according to 62-
160.300(1)(c), F.A.C.
G. 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. The laboratory shall attempt to
become fully certified for all applicable matrix/method/analyte combinations to be performed for
the contract by maintaining active coordination with the DoH ELCP throughout the application
process. Regardless of when the laboratory receives certification, the laboratory shall implement
all applicable standards of the National Environmental Laboratory Accreditation Conference
(NELAC 2003 Quality Systems standards,as adopted)upon contract execution.
d. 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 contractor shall notify the DEP contract manager in
writing before any change to a sub-contracted laboratory is made.
e. The DoH ELCP certificate number(certified laboratory identification number)for each contracted
(and sub-contracted) laboratory shall be listed in the required contract QA plan (see Section 6
below) in association with the analytical tests to be performed by each laboratory analyzing
samples for the contract.
f. Each certified laboratory analyzing contracted samples shall ensure that an acceptable
demonstration of capability(DOC)is performed as described in the 2003 NELAC Quality Systems
standards (NELAC 2003, Section 5.5.4.2.2 and Appendix C). In addition, each certified
laboratory that performs any of the proposed matrix/method/analyte combination(s)approved for
the contract shall have the requisite DOC documentation and supporting laboratory records on
file for the applicable combinations. The DOCs performed shall meet the requirements for
precision, accuracy, method detection limit (MDL) and/or practical quantitation limit (PQL), as
specified in each applicable laboratory test method, Standard Operating Procedure (SOP) or
Quality Manual, or as listed in the contract QA plan (section 6, below). Alternative limits for
detection and quantitation other than MDL and PQL shall be determined, if applicable to the
laboratory. DOCs performed for the contracted analytes shall include any modifications to the test
method or SOP that have been approved by DEP according to 62-160.330(3), F.A.C., if
Exhibit E,Page 1 of 6
DEP Quality Assurance Requirements for Contracts&Grants
Standard Field&Lab Services
Rev. 1-19-16
applicable. If requested by the Department, documentation that supports the DOC for a specified
analyte and test method shall be made available for review.
g. The contracted (and/or subcontracted) laboratory shall report PQLs and MDLs or other specified
limits of detection and quantitation with the results of sample analyses. MDLs and/or PQLs shall
only be required for test methods that are technically amenable to the determination of MDLs
and/or PQLs. For those test methods where the determination of MDLs and/or PQLs are not
technically feasible, the laboratory shall report a value or increment representing the lower limit of
the working range of the test method, however determined by the laboratory. The laboratory shall
indicate whether the reported limit represents a limit of detection or quantitation. In all cases,
limits of detection and quantitation other than MDLs and PQLs shall be explicitly defined and
evaluated by the laboratory. All limits shall be as listed in the applicable laboratory test method,
SOP or Quality Manual, or as listed in the contract QA plan (Section 6, below). The reported
MDLs and PQLs (or other limits per above) shall meet the analytical sensitivity and quantitation
objectives for the contract.
h. Additional laboratory quality control expectations:
(i) The selected laboratory test methods listed in the QA Plan shall provide results that meet
applicable contract data quality objectives.
(ii) All laboratory testing procedures shall follow the analytical methods as approved in the
contract QA plan(see Section 6).
(iii) The laboratory shall adhere to the quality control requirements specified in the laboratory test
methods and this Attachment.
(iv)The laboratory shall calculate all sample results according to the procedures specified in the
analytical test methods approved in the contract QA plan.
3. FIELD ACTIVITIES
a. All sample collection and field testing activities shall be performed in accordance with the
Department's "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 contract QA plan(see Section 6).
b. Field-Generated Quality Control (QC) Blanks are defined in DEP SOP FQ 1000 (subparts FQ
1211 —FQ 1214)and shall be composed and analyzed for sample collection activities associated
with this contract according to the requirements of part FQ 1230 (sections 1. —2.3.1), DEP SOP
FS 2100(Part FS 2110, sec. 2.1.1.2) and/or DEP SOP FS 2400 (Part FS 2430, sec. 2.1.1.2), as
applicable to the analytes and matrices to be collected using the sampling equipment specified in
the contract QA plan (section 6 below).
(i) If an analyte detected in the sample is also found in any field-generated QC blank that is
associated with the sample, the contractor shall investigate and attempt to determine the
cause of the QC blank contamination. If any contracted sample results are qualified as in(ii)
below, the outcome of this investigation shall be reported to the DEP contract manager and
shall include a discussion of the corrective measures taken to minimize future occurrences of
QC blank contamination associated with the collection of samples for this contract.
(ii) If an analyte detected in the sample is also found in any field-generated QC blank that is
associated with the sample, the analytical result reported for the affected sample shall be
qualified as an estimated value, unless the analyte concentration in the blank is less than or
equal to 10% of the reported sample concentration. The "G" data qualifier code shall be
reported with the sample result for any blank concentration exceeding the above "10%"
criterion for the affected analyte(see Table 1, Chapter 62-160, F.A.C.).
4. REPORTING,DOCUMENTATION AND RECORDS RETENTION
a. All laboratory and field records described or listed in Rules 62-160.240 and 62-160.340, F.A.C.
shall be retained for a minimum of five years after the generation (or completion) of the records
applicable to the contract. Longer retention times as specified in the contract shall supersede.
b. All field and laboratory data and supporting information shall be reported for this contract
according to applicable requirements in 62-160.340(3)through 62-160.340(8), F.A.C.
Exhibit E,Page 2 of 6
DEP Quality Assurance Requirements for Contracts&Grants
Standard Field&Lab Services
Rev. 1-19-16
c. Any other documentation and reports associated with work performed for this contract shall be
likewise retained and shall include relevant information for the procedures described in sections 2
and 3,above.
d. Any documentation or reports specifically identified in this contract as deliverable work products
shall be retained as in 4.a., above.
e. 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.
f. The Department reserves the right to request some or all of the laboratory or field information in
an electronic format specified by the Department, as specified in the contract, and/or as
described in the approved contract QA plan(section 6).Also see subsection k., below.
g. Any certified laboratory reports issued for contracted sample analyses using certified methods
shall be generated in accordance with NELAC Quality Systems requirements (NELAC 2003,
section 5.5.10).
h. Upon request by the Department contract manager or as required by the contract, copies of the
original laboratory reports shall be submitted to the contract manager.
i. In addition to any reports of sample results provided per contract deliverable requirements and
subsections b., e., f. and g., above, the contractor shall submit any of the laboratory information
and/or records associated with the contracted analyses as described in this section (section 4)
upon request by DEP, including any of the following:
r Laboratory sample identification(ID)and associated Field ID
► Analytical/test method
► Parameter/analyte name
► Analytical result(including dilution factor)
► Result unit
► Applicable DEP Data Qualifier Codes 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 result, calibration failure) or other problem related to the
analysis of the samples
► Date and time of sample preparation(if applicable)
► Date and time of sample analysis
► Results of laboratory verification of field preservation of received samples
► Sample matrix
► DoH ELCP certification number for each laboratory (must be associated with the test
results generated by each laboratory analyzing samples under this contract)
► MDL, Limit of Detection(LOD)or other defined limit of detection
► PQL, Limit of Quantitation(LOQ)or other defined limit of quantification
► Field and laboratory QC blank results:
• Laboratory QC blank analysis results as required by the method and the NELAC
Quality Systems standards(e.g., method blank)
• Results for trip blanks, field blanks and equipment blanks, as applicable to the
project and as specified in the QA Plan(see Section 6)
r Results for field duplicates(or replicates)
► Results for other QC and calibration verification results, as applicable to the specific test
methods used for the contracted analyses:
• Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates
• Results of surrogate spike analyses
• Results of laboratory control samples(LCS)
• Results of calibration verifications
• Acceptance criteria used to evaluate each reported quality control measure
Exhibit E,Page 3 of 6
DEP Quality Assurance Requirements for Contracts&Grants
Standard Field&Lab Services
Rev. 1-19-16
j. Unequivocal documentation links between each reported laboratory quality control measure(e.g.,
QC blanks, matrix spikes, LCS, duplicates, calibration verification) and the associated sample
result(s)shall be maintained for all contracted analyses.
k. In addition to any field information provided per contract deliverable requirements, and
subsections b., e., f. and g., above, the contractor shall submit any of the field information and/or
records associated with the contracted samples as described in this section (section 4) upon
request by DEP, including any of the following:
► 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, if applicable
► 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 Qualifier Codes per Table 1 of Chapter 62-160, F.A.C.
► Narrative comments providing explanations, descriptions and/or discussions of: field
conditions impacting QC for sample collections, unacceptable field measurements, field-
testing meter calibration verification failures, or other problems related to the sampling
event, and corrective/preventive actions taken for the items noted (e.g., for blank
contamination or meter calibration failure).
I. The Department reserves the right to request some or all of the laboratory or field information in a
format as specified in the contract, and/or as described in the approved contract QA plan (section
6). Required formats are specified in Attachment 3,Grant Work Plan.
5. AUDITS
a. AUDITS BY THE DEPARTMENT—Pursuant to Rule 62-160.650, F.A.C., the Department may conduct
audits of field and laboratory activities. In addition to allowing Department representatives to
conduct onsite audits of contracted work in the field or at contractor(or subcontractor)facilities,
upon request by the Department,field and laboratory records pertinent to the contracted research
as described per section 4, above shall be provided by the contractor. If an audit by the
Department results in a determination that the reported data are not usable for the purpose(s)of
the contract, do not meet the data quality objectives specified by the contract, do not meet other
applicable Department criteria described in the contract, its attachments, the QA Plan (see
section 6, below) or these QA Requirements, do not applicable meet data validation criteria
outlined in Rule 62-160.670, F.A.C.; or,are not otherwise suitable for the intended use of the data
(however applicable), 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, or as described in
Attachment 3, the contractor and all subcontractors shall review the contract QA plan (see
Section 6 below) relative to the completed field and laboratory activities to determine if data
quality objectives are being met, identify any improvements to be made to project activities,
and refine the sampling and/or analytical design or schedule, if applicable. Within one month
of the review, a summary of the review, including any corrective action plans or amendments
to the contract QA plan, shall be sent to the DEP contract manager, and a copy of all
submitted documents shall be maintained with the permanent project records.
Exhibit E,Page 4 of 6
DEP Quality Assurance Requirements for Contracts&Grants
Standard Field&Lab Services
Rev. 1-19-16
(ii) Ongoing: Planning reviews as described in subsection (i) above shall occur annually
thereafter for the remainder of the contract, if applicable to the duration of the contract.
c. QUALITY SYSTEMS AUDITS —The contractor and all subcontractors 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. The results of these audits shall be documented in the contractor's and
subcontractors' records. Copies of the above audit reports or results shall be provided to the DEP
contract manager upon request. Copies of audit records for internal audits conducted per DEP
SOP FA 1000(subpart FA 4200)or NELAC Quality Systems requirements(NELAC 2003, section
5.4.13)shall be similarly provided.
d. STATEMENTS OF USABILITY—As a part of the audit process and the final report,the contractor shall
provide statements about data usability as necessary to address the topics in subsections (i) —
(iii) below, relative to the contract data quality objectives and any data quality indicators that may
be specified in the contract, its attachments, the QA Plan (see section 9, below), or these QA
Requirements.
(i) All applicable data quality acceptance and usability criteria for the contract,as specified in the
procedures, test methods, QA plan, Quality Manual(s), other contract attachments, or these
QA Requirements shall be met.
(ii) All quality control measures shall be evaluated according to the acceptance criteria listed in
the applicable procedures, test methods, QA plan, Quality Manual(s), other contract
attachments or these QA Requirements.
(iii)All sample results shall be evaluated according to all applicable usability criteria specified in
the procedures, test methods, QA plan, Quality Manual(s), other contract attachments, or
these QA Requirements.
6. QA PLAN
a. The contractor shall submit the contract QA plan identified in Attachment 3 to the DEP contract
manager in accordance with the schedule set forth in Attachment 3 and prior to the
commencement of field and laboratory activities. Failure to submit the QA plan 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 (or conditionally approved) by the DEP contract
manager.
b. The contractor may submit a version of the QA plan to the Department for approval no more than
three times. If the contractor fails to obtain approval for the QA Plan after the third (final)
submission to the Department, the DEP contract manager may suspend or terminate the
contract.
c. The DEP contract agreement number shall appear on the title page of the submitted QA plan.
Within 45 days or as specified in Attachment 3, of receipt of the QA plan by the Department, the
Department shall review and either approve the QA plan or provide comments to the contractor
as to why the QA plan is not approved. If further revisions are needed, the contractor shall then
have 15 days or as specified in Attachment 3, from the receipt of review comments to respond.
The Department shall respond to all revisions to the QA plan within 30 days, or as specified in
Attachment 3 of receipt of any revisions.
d. If the review of the QA plan by the Department is delayed beyond sixty (60) days after the QA
plan is received by the Department, through no fault of the contractor, the contractor shall have
the option, after the QA plan 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 must be 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 has been received by the contractor
from the DEP contract manager. Sampling and analysis for the contract may not begin until the
contract QA plan has been approved(or conditionally approved).
Exhibit E,Page 5 of 6
DEP Quality Assurance Requirements for Contracts&Grants
Standard Field&Lab Services
Rev. 1-19-16
f. Once approved, the contractor and subcontractor(s) shall follow the procedures and methods
described in the contract QA plan and any other relevant quality assurance documents, 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 QA plan;and
► Using only the equipment approved in the QA plan.
g. if any significant changes in sampling project design, changes in the project analyte list, changes
in procedures or test methods, changes in equipment, changes in subcontractor organizations or
changes in key personnel occur, the contractor shall submit appropriate revisions of the QA Plan
to the DEP contract manager for review. The proposed revisions may not be implemented until
they have been approved (or conditionally approved) by the DEP contract manager. If the
contractor fails to submit the required revisions, the DEP contract manager may suspend or
terminate the contract. QA plan revisions or amendments shall be provided as one or more of the
following, as described in Attachment 3:
(i) Provided in a new contract QA plan;
(ii) Provided as amended sections of the current contract QA plan;
(iii) Documented through written or electronic correspondence with the DEP contract manager
and incorporated into the approved contract QA plan by reference or other linkage.
7 DELIVERABLES
a. The following lists the expected deliverables that are associated with the quality assurance
requirements of this contract:
(i) Reports of planning review audits as specified in item 5.b. above.
(ii) Statements of usability as specified in item 5.d.above.
(iii) Contract QA plan, per Section 6, above.
8. CONSEQUENCES
a. Failure to comply with any requirement of this attachment(and any included addenda)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.
Exhibit E,Page 6 of 6
DEP Quality Assurance Requirements for Contracts&Grants
Standard Field&Lab Services
Rev. 1-19-16