HomeMy WebLinkAbout2025-122STATE 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:
Indian River County Board of County Commissioners Vessel Purchase CV003
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard (Department)
Tallahassee, Florida 32399-3000
Grantee Name: Indian River County Board of County Commissioners Entity Type: Local Government
Grantee Address: FEID: 59-6000674
1801 27th St., Building A,.Vero Beach, FL 32960
- (Grantee)
3. Agreement Begin Date: Date of Expiration:
Upon Execution 1/31/2027
4. Project Number: Project Location(s): 180127th St., Building A, Vero Beach, FL 32960
of dif ferent from Agreement Number)
Project Description: For the equipment purchase of one pumpout vessel to service transient boaters
anchored in Indian River County. Required CVA signage will be posted on the vessel.
5. Total Amount of Funding: Funding Source? Award #s or Line -Item
$87,187.50 ❑ State ®Federal CVC23
❑ State ❑Federal
Amount X
$ 87,187.50
❑ State []Federal $
8 Grantee Match $ 29,062.50
Total Amount of Funding + Grantee Match, if any: $ 116.250.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Marylynn Carey Name: Melissa McIntyre-Meisenburg
or successor or successor
Address: 2600 Blair Stone Rd, MS235
Tallahassee, Florida, 32399
Phone: 850-245-7665
Address: 1801 27th St., Building A
Vero Beach, FL 32960
Phone: 772-226-1651
Email: marylynn.carey@floridadep.gov Email: mmeisenburg indianriver.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
B Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
® Attachment 2: Special Terms and Conditions
B Attachment 3: Grant Work Plan
B Attachment 4: Public Records Requirements
8 Attachment 5: Special Audit Requirements
B Attachment 6: Program -Specific Requirements
❑ Attachment 7: Grant Award Terms (Federal) *copy available at https:Hfacts.fldfs.com, in accordance with section 215.985, F.S.
® Attachment 8: Federal Regulations and Terms (Federal)
❑ Additional Attachments (if necessary):
W Exhibit A: Progress Report Form
8 Exhibit B: Property Reporting Form
B Exhibit C: Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements
❑ Exhibit E: Advance Payment Terms and Interest Earned Memo
W Exhibit F: Common Carrier or Contracted Carrier Attestation Form PURI 808 (State)
DEP Agreement No. C `j 00 3
Rev. 9/18/2025
❑ Exhibit H: Non -Profit Organization Compensation Form (State)
❑ Exhibit I: Forced Labor Attestation Form
❑ Additional Exhibits (if necessary):
8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a (1):
Federal Award Identification Numbers
F24AP00148
Unique Entity Identifier I :
FB3SI.JJZ38K9
Federal Award Date to Department:
10/01/2023
Federal Award Project Description:
To reduce sewage discharge from recreational vessels b
By providing pumpout facilities and outreach activities to inform
the public of the benefits of the CVA Program and locations of pumpout facilities, and grant program administration.
Total Federal Funds Obligated by this Agreement:
87,187.50
Federal Awarding Agency:
US Fish & Wildlife Service
Award R&D?
❑ Yes ®N/A
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless
another date is specified in the grant documents.
Indian River County Board of County Commissioner: GRANTEE
Grantee Name
By
(Authorized S gnature) Date Signed
John A.Titkanich, Jr., County Administrator
rnnt Name and l the of Person signing
State of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee
Print Name and Title of Person Signing
❑ Additional signatures attached on separate page.
APPROVED AS TO FORM
AND `LEGAL SUFFICIENCY
BY AMj Di
JENNIFER/ft. SHULER
OUNTY TTORNEY
DEP Agreement No. CV003
Date Signed
Rev. 9/18/2025
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or 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 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 among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the 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 among 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. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
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:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement;
(4) 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 twenty percent (20%) of the total budget
as last approved by Department; and/or
(5) any changes to the terms and conditions of the Agreement other than the specific instances enumerated below
when a change order may be used.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes 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
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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 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.
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
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subrecipients shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by 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 Grantee's expense. If Department's Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Reiection 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 Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. 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 Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall 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. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. 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) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
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ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or fii ther remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are convected. Reports on the progress of the CAP will be made to
Department as requested by Department's 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 Department may result in termination of the
Agreement.
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 Department, Department agrees
to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, 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 Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable 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 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 C, 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: httys://www.mvfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expendituresydf.
e. Rural Communities and Rural Areas of Opportunity If Grantee is a county or municipality that qualifies as a
"rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee
may request from the Department that all invoice payments under this Agreement be directed to the relevant
county or municipality or to the RAO itself. The Department will agree to Grantee's request if.
i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or
"rural area of opportunity" under subsection 288.0656(2), F.S.;
ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress"
factors defined in subsection 288.0656(2)(c), F.S.;
iii. Grantee's performance has been verified by the Department, which has determined that Grantee is
eligible for invoice payments and that Grantee's performance has been completed in accordance
with this Agreement's terms and conditions; and
iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments.
This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule,
or regulation. A current list of Florida's designated RAOs can be accessed at the following web address:
https://floridaiobs.org/community-planning-and-development/rural-community programs/rural areas of
opportunity.
f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Grantee meets the definition of a non-profit
organization under section 215.97(2)(m), F.S., Grantee must provide the Department with documentation that
indicates the amount of state funds:
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i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer.
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer.
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be
posted on the Grantee's website, if Grantee maintains a website.
h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
i. Final Payment Reauest. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration 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 expiration date of the
Agreement.
j. Annual Appropriation Contingency. The State'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 Department if the Legislature reduces or eliminates
appropriations.
k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
httt)s://www.mvfloridacfo. com/division/aa/local-governments/judgement-interest-rates
1. Refund of Pavments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government the Grantee shall refund the Department its
share of those funds.
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 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 Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual/Subaward Costs (Subcontractors/Subreciyients) Match or reimbursement requests for payments to
subcontractors/subrecipients must be substantiated by copies of invoices with backup documentation identical to
that required from Grantee. Subcontracts/subawards 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
Department determines that multipliers charged by any subcontractor/subrecipient exceeded the rates supported
by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written
notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal
property or equipment costing $5,000 or more purchased for the Project under a subcontract/subaward 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. For grants funded with federal funds, nonconsumable
and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a
subcontract/subaward is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for
maintaining appropriate property records for any subcontracts/subawards that include the purchase of equipment
as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts/subaward issued under this Agreement, if any, impose this requirement, in writing, on its
subcontractors/subrecipients.
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i. For fixed-price (vendor) subcontracts/subawards, the following provisions shall apply: The Grantee
may award, on a competitive basis, fixed-price subcontracts/subawards to consultants/contractors
in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to
Department for fixed-price subcontracted/subawarded activities shall be supported with a copy of
the subcontractor/subrecipient'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/subaward. The Grantee may request
approval from Department to award a fixed-price subcontract/subaward resulting from procurement
methods other than those identified above. In this instance, Grantee shall request the advance written
approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of
request shall be supported by a detailed budget and Scope of Services to be performed by the
subcontractor/subrecipient. Upon receipt of Department Grant Manager's approval of the fixed-
price amount, Grantee may proceed in finalizing the fixed-price subcontract/subaward.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S., or the Brooks Act, 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 grants funded fully or in part with state funds, equipment is defined as capital
outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay
costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor/subrecipient. Include copies of invoices or receipts to document purchases, and a
properly completed Exhibit B, 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, are 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 Grantee's contract obligations to its subcontractor/subrecipient,
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
Staternents/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, 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 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) 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 Grantee within thirty
(30) days.
11. Retainage.
The following provisions apply if 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 up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
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b. 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 of the retainage associated with the work. 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. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. 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. Insurance Requirements for Subrecivients and/or Subcontractors The Grantee shall require its subrecipients
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its subrecipients 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. Subrecipients and/or subcontractors must provide proof of insurance upon request.
b. 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.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide 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 Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify 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) days after the cancellation of coverage.
e. Insurance Trust. 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.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify 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 must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that 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 Department. The rights and remedies of 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
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
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e. Transition of Services Upon Termination Expiration or Cancellation of the Agreement If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to 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, Grantee will
be found in default, and 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 Department or outside the reasonable control of 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 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;
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 furnishing labor or materials, or failure to make payment to
any other entities as required by this 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;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to 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 Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by 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 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, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, 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 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 Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
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of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors/subrecipients or suppliers if no alternate source of supply is available to Grantee.
In case of any delay Grantee believes is excusable, Grantee shall notify 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 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 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 Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from 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 Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by 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 purchase may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, and
subcontractors/subrecipients and shall fully indemnify, defend, and hold harmless 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, and subcontractors/subrecipients; provided,
however, that Grantee shall not indemnify for that portion of any loss or damages proximately
caused by the negligent act or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving 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 Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and 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 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 Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on 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 fin-ther limited to a cap of $100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit 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
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other remedies available to it, at law or in equity and upon notice to 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 Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of 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/Subawards.
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 Grantee/subcontractor/subrecipient 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/subawards with private organizations issued as a
result of this Agreement.
b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator 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 a public 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.
ii. Discriminatory Vendors. 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. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Development, 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/subawards issued as a result of this Agreement.
b. The Grantee, its subrecipients, subcontractors and agents must also comply with the following civil rights laws
and regulations:
i. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted
programs on the basis of race, color, or national origin in the delivery of services or benefits);
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ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting
discrimination on the basis of sex in the delivery of services or benefits under the Federal Water
Pollution Control Act as amended);
iii. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs
on the basis of disability, both in employment and in the delivery of services and benefits);
iv. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis
of age in the delivery of services or benefits);
V. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972
Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of
1973);
vi. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, Sections 760.01, 760.11 and 509.092, F.S.),
including Part I, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex,
pregnancy, national origin, age, handicap, or marital status).
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerting performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terns 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. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States -this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States -this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
a. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official Investing in America
emblem and must identify the project as a "project funded by President Biden's Bipartisan
Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
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The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
httys://www.et)a.gov/invest/investing-america-signage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. 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 Grantee and the State, 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.
28. 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 or subawarded, Grantee shall similarly require each
subcontractor/subrecipient to maintain and allow access to such records for audit purposes. Upon request of
Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the
Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall
not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or
relate to 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: http://dos.mvflorida.com/librarv-archives/records-mana eg_ ment/general-records-schedules/).
29. 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 subrecipients and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its subrecipients and/or subcontractors, respectively.
b. Physical Access and Inspection. 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:
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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 Requirements. 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 Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, 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 1 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, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, 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:\\anps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. 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) days of such request.
e. No Commingling 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, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by 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 Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse 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 Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. 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.
31. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting/Subawards.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
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b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor/subrecipient, 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 Department's secure information or any facility by any Grantee
employee, subcontractor/subrecipient, or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve 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/subaward. The Department shall not be liable to any subcontractor/subrecipient for any expenses or
liabilities incurred under any subcontract/subaward, and Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under any subcontract/subaward.
e. The Department will not deny Grantee's employees, subcontractors/subrecipients, or agents access to meetings
within the Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting
the Office of Supplier Development 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/subrecipient at any tier, and if the cause of the default is completely beyond the
control of both Grantee and the subcontractor(s)/subrecipient(s), and without the fault or negligence of either,
unless the subcontracted/subawarded products or services were obtainable from other sources in sufficient time
for Grantee to meet the required delivery schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
34. 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.
35. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to 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
Department consents to a subcontract/subaward, 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.
36. 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.
37. Grantee's Employees, Subcontractors/Subrecipients and Agents.
All Grantee employees, subcontractors/subrecipients, 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/subrecipients,
or agents performing work under Agreement must comply with all security and administrative requirements of
Department and shall comply with all controlling laws and regulations relevant to the services they are providing
under the Agreement.
38. 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 Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
39. Compensation Report.
If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
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the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
40. Disclosure of Gifts from Foreign Sources.
If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current
or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in
section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest
existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years.
Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or
grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the
date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or
controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above,
then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the
Department of Financial Services.
41. Food Commodities.
To the extent authorized by federal law, the Department, its grantees, contractors and subcontractors/subrecipients
shall give preference to food commodities grown or produced in this state when purchasing food commodities,
including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state
or as processed by a farm operation or processor for the purpose of marketing such product.
42. Anti-human Trafficking.
If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an
officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for
labor or services as defined in section 787.06, F.S.
43. Iron and Steel for Public Works Projects.
If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to
be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the
United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines
that any of the following circumstances apply to the Project:
(1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably
available, or of satisfactory quality;
(2) the use of iron or steel products produced in the United States will increase the total cost of the project by more
than twenty percent (20%); or
(3) complying with this requirement is inconsistent with the public interest.
Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if:
(1) such materials are incidental or ancillary to the primary product and are not separately identified in the project
specifications; and
(2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%)
of the total Project Cost under this Agreement or $2,500, whichever is greater.
Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other
appurtenances related to an electrical system that are necessary for operation or concealment (excepting
transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from
the requirements of this paragraph.
This provision shall be applied in a manner consistent with and may not be construed to impair the state's
obligations under any international agreement.
44. Complete and Accurate information.
Grantee represents and warrants that all statements and information provided to DEP are current, complete, and
accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits.
45. 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.
Attachment 1
14 of 14
Rev. 7/2/2025
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. CV003
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 for the purchase of one pumpout vessel and required signage for
the vessel. The Project is defined in more detail in 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. Compensation. 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 Pay. Advance Pay is not authorized under this Agreement.
4. Cost 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
❑
❑
❑
❑
❑
❑
❑
❑
I
■
►4
Category
Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
a. Fringe Benefits, N/A.
b. Indirect Costs, N/A.
Contractual/Subaward (Subcontractors/Subrecipients)
Travel, in accordance with Section 112, F.S.
Equipment
Rental/Lease of Equipment
Miscellaneous/Other Expenses/Supplies
❑ Land Acquisition
5. Equipment Purchase.
The purchase of non -expendable personal property or equipment costing $10,000 or more purchased for purposes of
this Agreement remains the property of the Grantee. Upon satisfactory completion of this Agreement, the Grantee
may retain ownership or determine the disposition of the non -expendable personal property or equipment purchased
under this Agreement. However, the Grantee is required to account for and report on all nonexpendable and/or
nonconsumable personal property or equipment purchased under this Agreement in accordance with the Grantee's
financial reporting and inventory control requirements. Based on the report, the Grantee will submit Exhibit B,
Property Reporting Form, along with the appropriate invoice(s) to the Department's Grant Manager with any
applicable requests for reimbursement. The following terms shall apply:
a. The Grantee shall have use of the non -expendable personal property or equipment for the authorized purposes
of the contractual arrangement as long as the required work is being performed.
Attachment 2
1 of 3
Rev. 9/15/25
b. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non -
expendable personal property or equipment in good operating condition.
c. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use
of, non -expendable personal property or equipment purchased with state funds and held in Grantee's possession
for use in a contractual arrangement with the Department.
d. The Grantee is responsible for keeping a current and accurate inventory of any nonexpendable and/or
nonconsumable personal property or equipment in accordance with its financial reporting and inventory control
requirements. The Department may request an annual copy of these inventory records for the life of the
Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
The Agreement requires at least a 25% match on the part of the Grantee. Therefore, the Grantee is responsible for
providing $29,062.50 through cash or third party in-kind towards the project funded under this Agreement.
The Grantee may claim allowable project expenditures made upon execution or after for purposes of meeting its
match requirement as identified above.
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.
8. Insurance Requirements
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:
a. 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, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. 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, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable
$200,000/300,000 Hired and Non -owned Automobile Liability Coverage
c. Workers' Compensation and Employer's Liability Coverage
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer
liability coverage 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 Grant.
d. Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
Attachment 2
2 of 3
Rev. 9/15/25
10. Retainage.
No retainage is required under this Agreement.
11. Subcontracting/Subawards.
Subcontracting is not permitted under this Agreement.
12.
State-owned Land.
The work will not be performed on State-owned land.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Common Carrier.
a. Applicable to contracts/subawards with a common carrier — firm/person/corporation that as a regular
business transports people or commodities from place to place. If applicable, Contractor/Subrecipient must
also fill out and return PUR 1808 before contract/subaward execution. If Contractor/Subrecipient is a
common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this
Agreement immediately if Contractor/Subrecipient is found to be in violation of the law or the attestation in
PUR 1808.
b. Applicable to solicitations for a common carrier— Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This
agreement does not provide federal or state financial assistance to a county or municipality that is a rural
community or rural area of opportunity as those terms are defined in s. 288.0656(2).
16. Additional Terms.
Done.
4nr terms athlecl here must he approve l br the Olfive of General Counsel.
Attachment 2
3 of 3
Rev. 9/15/25
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
AGREEMENT NO. CV003
ATTACHMENT 3
Project Title: Indian River BOCC Vessel Purchase
Project Location: Indian River, within Indian River County
Project Description: Purchase of a pumpout vessel and required signage by Indian River
County Board of County Commissioners to service transient boaters and boats anchored outside of
marinas in the county.
Permits:
The Grantee is responsible for obtaining all state and local permits and approvals required for
installation and operation of pumpout equipment prior to commencement of this Project.
TASKS AND DELIVERABLES
Task 1: Equipment Purchase (Equipment) Description:
The Grantee will purchase equipment authorized in the approved application, budget, and design
documents, and approved by the Department's Grant Manager. Authorized equipment includes:
• Pumpout vessel
All nonexpendable and/or nonconsumable equipment purchased under this Agreement is subject to the
Quarterly Pumpout Log requirements set forth under Attachment 6, Program -Specific Requirements,
paragraph 7, Project Required Submittals and Requirements. The Grantee must submit the Quarterly
Pumpout Log for a period of five (5) years following the end date of the Agreement.
Deliverables: The Grantee will provide the following:
• 1.1: Copy of paid invoices, and delivery receipts.
• 1.2: Completed Property Reporting Form (Exhibit B).
• 1.3: Final inventory report due at the end of the Agreement.
Task 2: Pumuout Signage (Miscellaneous Expenses)
Description: In accordance with 50 CFR §85.43 and 50 CFR §85.47, the Grantee will install the required
signage:
• One three-foot (3') by four -foot (4') sign displaying the International Pumpout Symbol, in a
location(s)visible to boaters. Example: side of hull both port and starboard.
• One informational sign, posted in a clearly visible location adjacent to the pumpout equipment,
stating pumpout fees, hours of operation, operator name and phone number, and the required
accrediting language [Funded in part by the U.S. Fish and Wildlife Service Clean Vessel Act
through the Florida Department of Environmental Protection].
• For vessel signage place the accrediting signage listed above on the console and the International
Pumpout Symbol, Florida Department of Environmental Logo, Sport Fish Restoration Logo on
Rev. 10/30/2025 DEP Agreement No.: CV003
Page 1 of 2
the hull area of the vessel large enough to be seen by boaters and in accordance with any state and
federal regulations.
Sign specifications are available at: https://floridadep ov/rcp/cva/content/pumpout-signage requirements.
Deliverables: The Grantee will provide the following:
2.1: Clear Photographs of the required vessel signage showing both the pumpout logo and the
informational signage with accrediting information.
2.2: Certification from the Grantee's Project Manager confirming that the signage has been
installed in accordance with requirements set forth in Attachment 6, Program -Specific
Requirements, paragraph 6, Program Crediting and Signage.
REPORTING REQUIREMENTS: The Grantee's Grant Manager is required to submit the Quarterly
Progress Report Form, Exhibit A, for the life of the Agreement, as stated in Attachment 1, Standard Terms
and Conditions, paragraph 10, Status Reports. A copy of Exhibit A can be downloaded at: Exhibit A -
https://floridadep gov/rcp/cva/fonns/quarterly-progress reportform exhibit.
As applicable, the Grantee's Grant Manager is required to submit the Quarterly Pumpout Log, as stated in
Attachment 6, Program -Specific Requirements, paragraph 7, Project Required Submittals and
Requirements. A copy of the Pumpout Log excel sheet can be downloaded at: Quarterly Pumpout Log -
https://floridadep.gov/rcp/cva/documents/pumpout-log-sheet sample.
PERFORMANCE STANDARD: The Department's Grant Manager will review the deliverables to verify
that they meet the specifications in the Grant Work Plan and this task description. Upon review and
acceptance by the Department's Grant Manager of all deliverables under each task, the Grantee may
proceed with payment request submittal.
PAYMENT REQUEST: The Grantee's Grant Manager may submit a partial or final reimbursement
request upon Department approval of associated task deliverables. The reimbursement packages are to
reflect the project deliverables, as stated in Attachment 6, Program -Specific Requirements, paragraph 9,
Reimbursement Request Requirements.
PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding
must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior
to the current task due date listed in the Project Timeline.
Task
Task
Category
Project Total
�
Grant
Award
war
Grantee
Task Due
No.
(100%)
Match (25%)
Date
1
Equipment
Purchase
Equipment
$ 116,250.00
$ 87,187.50
$29,062.50
1/31/27
2
Pumpout
Miscellaneous
Signage
Expenses
$ 0
$0
$0
1/31/27
Total:
$ 116,250.00
$ 87,187.50
29,062.50
Rev. 10/30/2025 DEP Agreement No.: CV003
Page 2 of 2
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, 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 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 and section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if 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 Grantee is a "contractor" as
defined in section 119.0701(1)(a), F. S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide 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 Department within a reasonable time may be subject to
penalties under section 119. 109 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 Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to 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 Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of 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 CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public. services(iOoridadep ov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of 1
Rev. 4/8/2024
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
"Department", "DEP", „ F „ „
as the DEP or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the 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 2 CFR Part 200, Subpart F -Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, 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 (CFO) 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 2 CFR
§200.330
A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or
program -specific audit conducted in accordance with the provisions of 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 in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an
audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the
recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, 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 non-federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at hUs://sam.@oy/c/content/assistance-listings.
Attachment 5
1 of 6
BGS -DEP 55-215 Revised 7/1/25
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(1)(n), Florida Statutes.
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 (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project -specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and the current Rules of the Auditor
General. EXHIBIT 1 to this form lists the 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(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and the current Rules of the
Auditor General.
If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), 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).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at httys://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
hM://www.leg.state-fl.usAVelcome/index.cftn, State of Florida's website at htto://www.mvflorida.com/,
Department of Financial Services' Website at https://www.myfloridacfo.com/ and the Auditor General's
Website at httn://www.mvflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5
2 of 6
BGS -DEP 55-215 Revised 7/1/25
By Mail:
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 htty://harvester.census.gov/facweb/
2. 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 Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSin leAudit de .state.fl.us
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (http1/flauditor.govo provides instructions for filing an
electronic copy of a financial reporting package.
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 Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAuditna dep state fl us
4. 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 2 CFR
200.512, section 215.97, F.S., and the current Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or the current Rules of the Auditor
Attachment 5
3 of 6
BGS -DEP 55-215 Revised 7/1/25
General, should indicate the date and time the reporting package was delivered to the recipient and any
correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (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 three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5
4 of 6
BGS -DEP 55-215 Revised 7/1/25
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program
and show totalederal resources awarded
Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following:
Federal
Program CFDAState
A I 17—A ---I A------ Appropriation
Department of Interior USI 15.616
Fish & Wildlife Service
Federal
Program CFDA
B I Federal Agency Number
CFDA Title Funding Amount Category
Clean Vessel Act $87,187.50 140122
State
Appropriation
Title Funding Amount Cateunry
Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in
the same manner as shown below:
Federal
Program First Compliance requirement: i.e.: (what services of purposes resources must be used for)
A I r
i.e.
Etc. --- -
Etc.
Federal
Program First Compliance requirement: i.e.: (what services of purposes resources must be used for)
B
for recipients of
Etc.
Etc.
Attachment 5, Exhibit 1
BGS -DEP 55-215
5 of 6
Revised 71/25
Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each
federal ro am and show total state resources awarded or match'
State Resources Awarded to the Recipient
Federal
Program
A Federal Agency
to .
Pursuant to this A reement Consist of the Following Matching Resources for Federal Progr
CFDA CFDA Title Funding Amount
Federal
Program
B
Federal Agency
CFDA
CFDA Title
Funding Amount
State Awarding Agency
State
Fiscal Year'
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
HIS:
State
Appropriation
State
Appropriation
Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show
total state financial assistance awarded that is subject to section 215 97 F.S.
rare Resources Awarded to the Recipient
State
Program
A State Awarding Agency
Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
CSFA Title State
State CSFA or Appropriation
Fiscal Year Number -Funding Source Description Funding Amount Category
State
Program
F
State Awarding Agency
State
Fiscal Year'
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Total Award 1 $87,187.50
Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Deportment
for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different
requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc) listed under this category.
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[httt)s://sam.eov/content/assistance-listinizsl and/or the Florida Catalog of State Financial Assistance (CSFA) rhttos://anus.fldfs.con /fsaa/searchCataloe asyxl, and
State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https:Happs.fldfs.com/fsaa/compliance.aspx ]. The services/purposes
for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement.
` Subject to change by Change Order.
' Subject to change by Change Order.
Attachment 5, Exhibit 1
BGS -DEP 55-215
6 of 6
Revised 71/25
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM -SPECIFIC REQUIREMENTS
CLEAN VESSEL ACT GRANT PROGRAM
ATTACHMENT 6
1. Purpose
The primary goal of the Clean Vessel Act (CVA) is to reduce overboard sewage discharge from recreational boats by
providing pumpout and dump stations for recreational boaters to dispose of human waste in an environmentally safe
manner. The purpose of the CVA Grant Program ("Program") is to establish or restore pumpout facilities that are
operational and accessible to the general boating public for the useful life of the facilities. The Program also
provides educational materials for boaters on the hazards of boater sewage.
2. Pumpout Station Operation Plan
The Grantee shall operate each pumpout or dump station funded under this Agreement so that it is open and
available to the recreational boating public. Each pumpout facility, pumpout vessel, or dump station shall be
operated, maintained, and continue to be reasonably accessible to all recreational vessels for the period of time set
forth in the Agreement. The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump
stations in accordance with their Pumpout Station Operational Plan. Pumpout vessels are to be used solely for the
collection and hauling of recreational boat sewage.
3. Program Guidelines
The Agreement shall be performed in accordance with the Federal CVA Grant Program Guidelines [50 Code of
Federal Regulations (CFR) Parts 80 and 85] which are hereby incorporated by reference as if fully set forth herein.
The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state or local permit
will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to
implementation of any grant -funded activity that may fall under applicable federal, state or local laws.
4. Reporting Requirements
Some CVA -funded projects have a five (5) year reporting requirement. If required by Attachment 3, Grant Work
Plan, the Grantee shall provide a Quarterly Pumpout Log in accordance with the requirements and timeframes set
forth in Attachment 3. In addition to the obligations listed in paragraph 10 to Attachment 1, Standard Terms and
Conditions, the reporting obligations of the Grantee in this Section shall survive expiration of this Agreement for
five (5) years from the project end date.
5. Fees for Pumpout Services
Pumpout facilities, pumpout vessels, or dump station services will be provided free of charge or for a fee not to
exceed the allowable federal maximum per pumpout set by the 50 CFR §85.44, for the life of the equipment. If
pumpout fees are collected, such proceeds shall be accounted for and must be deducted from any reimbursement
requests submitted by the Grantee for expenses associated with conducting operations and maintenance activities.
An accounting of all fees collected will be provided on the Quarterly Pumpout Log described in Attachment 3, Grant
Work Plan.
Rev. 10.31.25 Attachment 6
Pagel of 3
6. Program Crediting and Signage
The Grantee shall display the appropriate pumpout symbol on facilities, such as pumpout and portable toilet dump
stations, or on printed material or other visual representations relating to Project accomplishments or
education/information (50 CFR §85.43 and 50 CFR §85.47).
A. If specified in Attachment 3, Grant Work Plan, the following signage is required:
i. One (1) three-foot (3') by four -foot (4') sign of the International Pumpout Symbol to be located on
a dock or on land facing the waterway and clearly visible to boaters.
ii. One (1) informational sign, to be posted in a clearly visible location adjacent to the pumpout
equipment, which must state fees, restrictions, hours of operation, operating instructions, an
operator name and phone number, emergency phone numbers for reporting service problems, and
include the following statement:
"Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida
Department of Environmental Protection."
B. If required by Attachment 3, Grant Work Plan, all other printed materials or visual representations related to
the Project, including education and instructional materials shall include the following statement:
"Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida Department of
Environmental Protection."
7. Project Required Submittals and Requirements
The following documents are required submittals under this Agreement. Failure to provide any of the following in
the timeframes provided may result in denial of reimbursement request. These provisions also represent
requirements under this Agreement that must be complied with for the term of this Agreement.
A. The Grantee shall submit copy(s) of any executed subcontracts for the completion of this project as
described in Attachment 2, Special Terms and Conditions, paragraph 11.
B. In addition to the detailed supporting documentation required for reimbursement, as described herein, the
Grantee shall, with the final reimbursement request, submit the Quarterly Pumpout Log, as described
herein, when one or both of the following conditions apply:
1. When the Project includes the purchase and/or installation ofpumpout equipment, the Grantee is
responsible for submitting the Quarterly Pumpout Log for a period of five (5) years. The five (5)
year reporting period begins upon either the complete installation of all pumpout equipment or
the Department's Grant Manager's acceptance of the final deliverables and submittal of the final
invoice, whichever comes later. The Quarterly Pumpout Log is due every quarter thereafter for
the following five (5) years.
2. When the Project includes operations and/or maintenance and repair, the Grantee is responsible for
submitting the Quarterly Pumpout Log beginning upon execution of this Agreement, specifically
at the first quarter of operations, and continuing each quarter thereafter through the expiration of
this Agreement.
Quarterly Pumpout Logs must be retained as backup documentation for a period of five (5) years from the project
end date.
Rev. 10.31.25 Attachment 6
Page 2 of 3
8. Salaries/Wages by Task
Salaries for personnel shall only be reimbursed for salary rates and hours spent on the Project. The Grantee shall not
be reimbursed for multipliers (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates). Cost
Reimbursement is based on direct salary rates with the maximum allowable reimbursement rate per hour indicated
below.
r Position Title/Classification
Site Preparation Worker
s� Maximum Hourly Rate of Pay
$22.25
Renovation Worker
$20.50
Equipment Installation Worker
$24.50
Operations Worker
$27.00
Maintenance and Repair Worker
$26.70
Pumpout Signage Worker
$20.00
9. Reimbursement Request Requirements
Grantee may submit a partial or final reimbursement request. A partial reimbursement package is submitted when
the project is not complete, but the Grantee is seeking reimbursement for the task deliverables that are complete. A
final reimbursement package is submitted upon the completion of the project. Reimbursement packages are to
reflect the project deliverables in Attachment 3, Grant Work Plan. They may include, but are not limited to the
following:
Salaries/Wages reimbursement requests (partial or final) must include:
1. a list of employee position title/classifications,
2. the applicable hourly rate,
3. the specific dates for time worked, and
4. the number of hours worked per position title classification by date and total.
Partial Reimbursement Package:
1. Exhibit A — Quarterly Progress Report
2. Quarterly Pumpout Log
3. Exhibit C — Payment Request Summary Form
4. In-house labor documents with proof of payment
5. Vendor invoices with proof of payment such as cancelled checks, credit card receipts, or bank statements
Final Reimbursement Package:
1. Everything included in a Partial Reimbursement Package
2. Exhibit A, Quarterly Progress Report, reflecting the project completion
3. Exhibit B — Property Reporting Form (if applicable)
4. Exhibit C — Payment Request Summary Form
5. Executed subcontracts used for the completion of this project as described in Attachment 2, Special Terms
and Conditions, paragraph 11.
Rev. 10.31.25 Attachment 6
Page 3 of 3
ATTACHMENT 8
Contract Provisions for DOI-Funded Agreements
The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the
Grantee, the term "Recipient' shall mean "Grantee."
Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to
all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions
of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore,
Grantees must include these requirements in all related subcontracts and/or sub -awards. Grantees can include
these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however
for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the
subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
1. Administrative, Contractual, and Legal Remedies
The following provision is required if the Agreement is for more than $150,000. In addition to any of the
remedies described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms
and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable to this
Contract, the Non -Federal Entity may take one or more of the following actions.
i. Temporarily withhold payments pending correction of the deficiency by the
Recipient.
ii. Disallow (that is, deny both use of funds and any applicable matching credit for)
all or part of the cost of the activity
or action not in compliance.
iii. Wholly or partly suspend or terminate this Contract.
iv. Take other remedies that may be legally available.
The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension
under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand
a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of
this Agreement.
2. Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of "federally assisted construction
contract' as defined by 41 CFR Part 60-1.3:
During the performance of this Agreement, the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Recipient will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color, religion,
sex, sexual orientation, gender identity, or national origin. Such action shall include, but not
be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Recipient agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf
of the Recipient, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
iii. The Recipient will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has inquired
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about, discussed, or disclosed the compensation of the employee or applicant or
another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions discloses
the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the Recipient's legal duty to
furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Recipient's commitments
under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules, regulations, or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and the Recipient may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Recipient will take such action with respect to
any subcontractor purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
4. Davis Bacon Act
If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if
required by the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must pay wages not less than once a week. The Recipient must comply with the Copeland
"Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). The Act provides that each Recipient or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act
Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or
laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work
in excess of the standard work week is permissible provided that the worker is compensated at a rate of not
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less than one and a half rimes the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the Non -
Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the Non -Federal Entity or subrecipient
must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
7. Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U S.C.
1251-1387)
If the Agreement is in excess of $150,000, the Recipient shall comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA).
8. Debarment and Suspension (Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension."
9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)
The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the
Recipient shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award, using form SF -LLL, available at:
httt)s://app1y07 grantsy-ov/apply/forms/sample/SFLLL 1 2 P V 1 2 pdf.
10. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act as described in 2 CFR part 200.322.
11. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to
procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or
renew a contract) to procure or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as
critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense
Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471.
12. Domestic Preferences for Procurement
The Recipients and subrecipients must to the greatest extent practical give preference to the purchase,
acquisition, or use of goods, products, or materials produced in the United States in accordance with 2 CFR
200.322.
13. Build America, Buy America Act
Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified
that none of the funds provided under this award may be used for a project for infrastructure unless:
i. all iron and steel used in the project are produced in the United States --this means all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the
United States;
ii. all manufactured products used in the project are produced in the United States -this means
the manufactured product was manufactured in the United States; and the cost of the components of the
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manufactured product that are mined, produced, or manufactured in the United States is greater than 55
percent of the total cost of all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured product has been established
under applicable law or regulation; and
iii. all construction materials are manufactured in the United States -this means that all
manufacturing processes for the construction material occurred in the United States. The Buy America
preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or
affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as
movable chairs, desks, and portable computer equipment, that are used at or within the finished
infrastructure project, but are not an integral part of the structure or permanently affixed to the
infrastructure project. Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. No. 117-58, which includes
the Build America, Buy America Act ("the Act"). Pub. L. No. 117-58, §§ 70901-52.
ADMINISTRATIVE
1. General Federal Regulations
Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et
sequence.
2. Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing
regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212.
3. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175)
Recipients, their employees, subrecipients under this award, and subrecipients' employees may not:
i. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
4. Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)
Recipients must comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234), if applicable. This act requires recipients in a special flood hazard area
to participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
5. Water Resources Reform and Development Act (WRRDA) P.L.113-121
Recipients must comply with the Water Resources Reform and Development Act (WRRDA) P.L. 113-121,
if applicable. This act provides for improvements to the rivers and harbors of the United States, to provide
for the conservation and development of water and related resources.
6. Whistleblower Protection
Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261).
(a) This award, related subawards, and related contracts over the simplified acquisition threshold
and all employees working on this award, related subawards, and related contracts over the
simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot
program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by
section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239).
(b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce, of the employee whistleblower rights and protections under
41 U.S.C. 4712.
(c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in
contracts over the simplified acquisition threshold related to this award; best efforts should be made
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to include this clause, including this paragraph (c) in any subawards and contracts awarded prior to
the effective date of this provision.
7. Notification of Termination (2 CFR & 200.340)
In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the
period of performance due to the Recipient's or subcontractor's material failure to comply with Federal
statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall
be reported to the Office of Management and Budget (OMB) -designated integrity and performance system,
accessible through System for Award Management (SAM) currently the Federal Awardee Performance and
Integrity Information System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination
and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements
of the notice and the Recipient's rights upon termination and following termination.
8. Additional Lobbying Requirements
(a) The Recipient certifies that no funds provided under this Agreement have been used or will be used
to engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
(b) The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seg.), prohibits any
organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal
funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it
does not, and will not engage in lobbying activities prohibited by the Act as a special condition of
such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures.
(c) Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using
funds provided by this Agreement for membership dues to any entity or organization engaged in
lobbying activities.
COMPLIANCE WITH ASSURANCES
9. Assurances
Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to
the Federal Government during the Grant application process.
FEDERAL REPORTING REQUIREMENTS
Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October
1, 2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of
2006. The FFATA legislation requires that information on federal awards (federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is
www.USASpending.gov. The Grantee agrees to provide the information necessary, within one (1) month of
execution, for the Department to comply with this requirement.
DEPARTMENT OF INTERIOR -SPECIFIC
10. Department of Interior (DOI) General Terms and Conditions
Recipients shall comply with DOI General Terms and Conditions available at
httys://www.doi.eov/pam/programs/financial assistance/TermsandConditions and incorporated by
reference.
11. DOI Regulations
Recipients shall comply with the following regulations: 2 CFR 1400-1402, 43 CFR 9, 43 CFR 17, 43 CFR
18, 43 CFR 41, and 43 CFR 44.
12. Drug -Free Workplace
Recipients must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific
requirements set forth in Title 2 CFR Part 1401. Additionally, in accordance with these regulations, the
recipients must identify all known workplaces under its federal awards, and keep this information on file
during the performance of the award.
13. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
As applicable, Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally assisted programs. These
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requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
14. Deposit of Publications Produced under Grants
Pursuant to Departmental Manual 505 DM4 (DOI) and Service Manual FW1 (USFWS), any grant or
cooperative agreement that will produce a publication (other than those listed as exceptions) must provide
two copies of each publication to the Department of Interior's Natural Resources Library. For a list of
exceptions, transmittal requirements, and delivery information see Departmental Manual 505 DM 4, Deposit
of Publications Produced under Grants at: hQ://elips.doi.gov/ELIPS/DocView aWx?id=1671.
UNITED STATES FISH & WILDLIFE SERVICE-SPECIFIC
15. USFWS Financial Assistance Award Terms and Conditions
Recipients shall comply with the USFWS Financial Assistance Award Terms and Conditions applicable to
the specific Federal Award funding source, available at httvs://www.fws.gov/grants/atc.html and
incorporated by reference.
NATIONAL PARKS SERVICE LAND AND WATER CONSERVATION FUND STATE
ASSISTANCE PROGRAM-SPECIFIC
16. LWCF Federal Financial Assistance Manual
As applicable, Recipients shall comply with the LWCF Federal Financial Assistance Manual Effective
March 11, 2021, or later, available at httys://www.ni)s.-Oov/subiects/lwcf/lwcf-manual.httn and
incorporated by reference.
17. Historic Preservation.
As applicable, Recipients shall comply with Section 106 of the National Historic Preservation Act of 1966,
as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
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Attachment 8
6of6
Rev. 8/29/2022
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
Exhibit A
Progress Report Form
DEP Agreement No.: CV003
Project Title:
Grantee Name:
Grantee's Grant Manager:
Reporting Period: I Select Quarter - Enter the Year
Provide the following information for all tasks identified in Attachment 3 Grant Work Plan:
Summarize the work completed within each task for the reporting period, provide an update on the estimated
completion date for each task, and identify any anticipated delays or problems encountered. Use the format
provided below and use as many pages as necessary to cover all tasks. Each quarterly progress report is due
no later than twenty (20) days following the completion of the quarterly reporting period.
Task 1: Select Title
■ Progress for this reporting period:
■ Identify delays or problems encountered:
Task 2: Select Title
■ Progress for this reporting period:
■ Identify delays or problems encountered:
Exhibit A, Page 1 of 2
Rev. 10/31/2025
Completion Status for Tasks
Indicate the completion status for the following tasks, as applicable to the project.
Tasks: Site Preparation, Renovation, Equipment Installation Pum out Si nae and others
Deliverable
Completion Status
Before and after photographs of site.
Yes ❑, No ❑, N/A ❑
Written certification, stating that the Project site is prepared according to
approved plans and design.
yes El, No El, N/A ❑
Copy of any applicable inspection report(s) to verify work passed inspection.
Yes ❑, No ❑, N/A ❑
Copy of any executed subcontract related to this task.
Yes ❑, No ❑, N/A ❑
Timesheets or payroll records documenting hours worked, pay rates, and
of employees performingrenovation work.
yes ❑, No ❑, N/A 1:1classification
Tasks: Equipment Purchase, Operations of Eauivment. Maintenance and Renair and nthPrc
Deliverable
Completion Status
Exhibit B, Property Reporting Form
Yes ❑, No ❑, N/A ❑
Copy of paid invoices, and delivery receipts
Yes ❑, No ❑, N/A ❑
Final inventory report due at the end of the Agreement.
Yes ❑, No ❑, N/A ❑
The Pumpout Station Operational Plan (PSOP)
Yes ❑, No ❑, N/A ❑
Quarterly Pumpout Log
Yes ❑, No ❑, N/A ❑
List of maintenance or repairs made to the pumpout equipment
Yes ❑, No ❑, N/A ❑
This report is submitted in accordance with the reporting requirements of the above DEP Agreement number
and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
Rev. 10/31/2025 Exhibit A, Page 2 of 2
Click or tap to enter a date.
Date
R orRRRr,y Y
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
WON B - Property Reporting Form
yrNrtR
Agreement Number: CV003
GRANTEE: In order to comply with applicable state and/or federal regulations, list non -expendable equipment/personal property costing $10,000 or more purchased directly or indirectly under the above Agreement. Complete:
1) a description of the property, 2) the serial number or other identification number, 3) the source, 4) who holds title/ownership, 5) purchase date, 6) cost, 7) DEP's percent share of that cost, 8) location/address of the
property, 9) use and condition, 10) any ultimate disposition data, including date of disposal and sale price.
Description
P
Serial No./
ID No.
Source
Owner
Purchase
Date
Cost
% Charged to
DEP Grant
Location
Use and Condition Disposition
Grantee:
Date:
Grantee Grant Manager:
BELOW IS FOR DEP USE ONLY
Date:
DEP GRANT MANAGER: Send invoices supporting the cost of the items to Finance and Accounting for the processing of the Grantee's invoice for payment. Maintain a copy of the invoices supporting the cost of each
item identified above in your grant agreement file. Refer to Administrative Policy 320 for Property Guidelines.
DEP Grant Manager:
DEP 55-211
Rev. 10-01-2024
Date:
1of1
Exhibit C
Payment Request Summary Form
DEP Agreement No.: CV003
Agreement Effective Dates:
Grantee:
Grantee's Grant Manager:
Mailing Address:
Payment Request No.:
Date of Payment Request:
Total Amount of this Request:
Performance Period: I-
Past Payments:
Task Task Performed
No.
Category
Agreement
Grant Amount
(75%)
Cumulative
Payment
Requested
(75%)
Remaining
Balance
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
Total Amount:
$ 0.00
$ 0.00
$ 0.00
Grant Expenditures Summary Section:
Task Task Performed
No.
Category
Total Request
(100%)
Grant Amount
(75%)
Grantee Match
(25%)
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
-Select-
-Select-
$ 0.00
$ 0.00
Total Amount:
$ 0.00
$ 0.00
$ 0.00
Exhibit C, DEP Agreement #:
I of 4
Rev. 9/25/2025
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 3 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. Please see Attachment 1, Standard Terms and Conditions, paragraph
24 for this Agreement's requirements regarding the Build America, Buy America Act (BABA).
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Exhibit C, DEP Agreement #: CV003
2 of 4
Rev. 9/25/2025
I,
Grantee's Certification of Payment Request
(Print name of Grantee's Grant Manager designated in the Agreement)
(Print name of Grantee/Recipient)
DEP Agreement No. CV003
on behalf of
do hereby certify for
and Payment Request No. that:
0 The disbursement amount requested is for allowable costs for the project as described in Attachment 3 of
the Agreement.
0 All costs included in the amount requested have been satisfactorily purchased, performed, received, and
applied toward completing the project; such costs are documented by invoices or other appropriate
documentation as required in the Agreement.
0 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts.
Check all that apply below:
❑ 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 Signature
Print Name
Telephone Number
Rev. 9/25/2025
Grantee's Fiscal Agent Signature
Exhibit C, DEP Agreement #: CV003
3 of4
Print Name
Telephone Number
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name of the grantee's agency.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
TOTAL AMOUNT OF THIS REQUEST: This should match the amount on the "TOTAL AMOUNT" line for the
"GRANT AMOUNT 75%" column in the CURRENT REQUEST table.
PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period for the task/deliverable that
the request is for (this must be within the timeline shown for the task/deliverable in the Agreement).
PAST PAYMENTS SECTION:
TASK No.: This is the number of the task/deliverable that you requested payment for.
TASK PERFORMED: Select the name of the task.
CATEGORY: Select the name of the authorized budget category.
"GRANT AMOUNT (75%)" COLUMN: Enter the currently approved budget in the Grant Work Plan.
"CUMULATIVE PAYMENT REQUESTED (75%)" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The total amount will auto -populate.
"REMAINING BALANCE" COLUMN: The remaining balance will auto -populate.
CURRENT REQUEST SECTION:
TASK No.: This is 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).
TASK PERFORMED: Select the name of the task.
CATEGORY: Select the name of the authorized budget category.
"TOTAL REQUEST (100%)" COLUMN: Enter the amount that was expended for this task during the period 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 1001/o amount of each task
for which you are requesting reimbursement and the form will calculate 75% and 25% in the GRANT AMOUNT and
GRANTEE MATCH columns. The column total will auto -populate on the "TOTAL AMOUNT' line.
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.
NOTES:
If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services, Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
Exhibit C, DEP Agreement #: CV003
4 of 4
Rev. 9/25/2025
Exhibit F
COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION
FORM
(PUR 1808)
This form must be completed by a Common Carrier or contracted carrier and submitted to the
Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized
terms used herein have the definitions ascribed in section 908.111, F.S.
Name of Common Carrier or contracted carrier is not willfully providing and will not willfully
provide any service during the Contract term in furtherance of transporting a person into this
state knowing that the person is an Unauthorized Alien, except to facilitate the detention,
removal, or departure of the person from this state or the United States.
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts
stated in it are true.
Printed Name:
Title:
Signature: Date:
FUR 1808 (08/22) Page 1 of 1 60A-1.020. F.A.C.