2328 Notice of Site Dedication/Limitation of Use - Sanford MarinaI
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2020087243 Bk:9674 Page:1884-1891 (813gs)
REC: 08/11/2020 3:09:18 PM by jeckenroth
RECORDING FEES $69.50
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2020097156 Bk:9694 Page:316-368 (53Pgs)
REC: 09/0212020 10:24:58 AM by cjones
RECORDING FEES $452.00
NOTICE OF SITE DEDICATION AND LIMITATION OF USE
(fee simple ownership by grantee)
City of Sanford____,__mailing address is POB 1788, Sanford, Florida 32772-1788
Name qj"Urantee(z.v Shown on Grant lfg-ree enGrantee e Mailing Address
("grantee") has acquired or developed the real property described in Attachment A, attached hereto and incorporated
herein by reference (the "Project Site"), with financial assistance provided by the Federal Land and Water
Conservation Fund Program in accordance with Chapter 6213-5, F.A.C. Pursuant to Rule 62D-5.074(1), F.A.C., the
grantee hereby dedicates the Project Site in perpetuity as an outdoor recreation area for the use and benefit of the general
public.
The grantee covenants that the Project Site and any facilities thereon, as set forth in the grant agreement attached hereto
and incorporated herein as Attachment B and depicted on the boundary map attached hereto and incorporated as
Attachment C, will be open to the public at reasonable times, will be operated in a safe and attractive manner, and the
grantee will abide by the requirements of Chapter 62D-5.068-.074, F.A.C., relating to Federal Land and Conservation
Fund Program funding for the Project Site. Pursuant to Rule 62D-5.074(3), F.A.C., if the grantee converts any part of
the Project Site or facilities thereon acquired or developed with grant assistance to other than a use approved by the State of
Florida Department of Environmental Protection, the grantee shall replace the area, facilities, resource, or site at its own
expense with an acceptable project of comparable or greater value, scope, and quality pursuant to section 673.9.3 of the
Land and Water Conservation Fund Program Grants Manual. -1
WITNESSES: City of Sanford
(SEAL)
Name of Grantee as Show, �Gement
B
Original Signature Original Signature
rented
rinted Name of Witness
l gna re
Printed Name of Witness
STATE OF R 0 rLdO,
COUNTY OFS-
Ty �vl Je_
Printed Name
'for I E-1-1
Printedlitle
The foregoing instrument was acknowledged before me on _GU QLC5& t 20;_0 , by 0 n'Qi 4+N , as
iftt 4 (Sojfnd for and on behalf of City of Sanford _J . He/She is personallyknown to me or
who has produced as identification.
(SEAL) V pw. TRACI R HOUCHIN
Commission# GG 132765
Expires August 24, 2021
Signature of Notary Public, State of Florida
\j
DEP AGREEMENT NO. LW666
STATE OF FLORIDA
DFPARTINIENTOF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
ACQUISITION OR DEVELOPMENT OF LAND FOR PUBLIC RECREATION PURPOSES
AG REENIENT FOR FISCAL YEAR 2016-2017
THIS AGREEINI:NT is entered into pursuant to Section 215.971, Florida Statutes ('T.S.") between the
s,r..k'I'E OF FLORIDA DEPARTMEN'r OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department-), and CITY
OF SANFORD. whose address is 300 North park Avenue. Sanford, Florida. 32772-1244 (hereinafter referred to as
-Grantee-), it local governmental entitY, to provide Financial assistance in furtherance of an approved public outdoor
recreation project
,o knooit its Sanford Marina. (hereinafter referred to as the 'Project'"). Collectively, the Department
,in(] the (irantee shall be rel'ien-co) to as "Partie.s or individually as Ilarty. For purposes of this Agreement, the
terms "Grantee- and "Recipient" may be used interchangeably.
WHEREAS, the Department is authorized to administer the Land and Water Conservation Fund
State Assistance Program, pursuant it) the Land and Water Conservation Fund Act off 965. as amended: public Law
88-578, 'Title 54, U.S.C, Chapter 2003 and Section 375M21(4). F.S.: and.
WHEREAS, the Department received t'ederal financial assistance through the Land and Water Conservation
Fund Project Agreement No. 12-00666 from the United States Department of the Interior. National Park Service
(hereinafter reCerred to its USD0I** or "NIS") for the purpose,,, of administering lAVCF ['10gran) Funds for public
outdoor recreation proiects; and.
NVIIEREAS, pursuant to suhsec(ions 02D-5.009(16) and 6217-5.070(4), Florida Administrative Code
the Grantee. its an approved applicant following it competitive evaluation of eligible program applications.
Eras been determined to be it subrecipicill of the I W(T PI-01INU11 Funds brinkadministered and monitored it\ the
Department. Thus, the Grantee and Department are additionally responsible for complying with the appropriate
federal guideline.,, in performance oftlic project activities pursuant to this Agreement.
NOW THEREFORE in consideration of the mutual covenants contained herein and Pursuant to Section
375M21(4), F.S. and Rules 62D-5.068 through 6217-5.074. F.A.C., as may be amended from dine to time, the parties
hereto agree a,, bellows:
1. ENTIRE AGREEMENT.
This Grain Agreement, including any Attachment', and VNhibits referred to herein and attached hereto
(,-agreement). constitutes the entire agreement between the Parti" with respect to the sub ect matter hereof
and supersedes all prior agreements. whether written or or -al. N\ith respect to SUCII SUbJect matter. .Any
preprinted terms and conditions included on Grantee's form or invoices shall be IILIII and void,
2. TERMS OF AGREEMENT.
The Grantee hereby agrees to perform in accordance ooith the terms and conditions set forth in this
Agreement, additionally described in Attachment A. Project Work Plan, including all attachments,
gUidel i tics, forms. and exhibits that are attached hereto or incorporated by reference. The Grantee
acknowledges that receipt of this grain does not imply or guarantee that a federal. state, or local permit will
be issued 661 it IN116CUlat activity to COMPICtC the Project. Further. the Grantee agrees to ensure that idi
necessary permits are obtained prior to implementation of any Project Work Plan activity that may fall
Under applicable federal, state. or local laws.
Administrative Forms. Reimbursement Forms, and Guidelines referenced in this Agreement may be round
at the foilowhw website:
Isar !�:Jr Lwti
21 'Ad,u u. L'mma land-ind-o'
llmt
Ot' bv contacting the Department Grant Manaoer. listed in paragraph 3 of this Agreement.
DIT Agreement No.: LXV066. Page I ol'37
IWI M6.1"
Prior to commencement of the ProJect. the Grantee shall submit to the Department all docurnentation and
completion of responsibilities listed on Attachment B, Commencement Documentation Checklist, DRP -
122, available online and incorporated herein by reference. Upon approval by the Department, the
Department will issue a written "Notice to Coninience" to the Grantee. Unless and until tile Deparillient
issues the -Notice to Commence" authorizing Grantee to commence the Project, the Department is not
obligated to pay or reirnburse Grantee for fees, costs. or general expenses of any kind incurred after the
effective date of the Agreement but prior to the -Notice to Commence.*'
Project site facilities shall be attractive for public use, and generally consistent and compatible with the
environment. Plans and specifications for Project
ject site improvements and facilities shall be in accordance with
current and established engineering and architectural standards and practices. Emphasis should be given to
the health and safety of users. accessibility to the general public. and the protection of the recreational and
natural values of the area. Any conceptual site plan may be altered by the Grantee only after written
approval by the Department and NPS. All utilitylines installed withinthe Project site shall be placed
underground.
The Grantee shall have final site plans (site, engineering, and architectural) prepared for the proper and full
completion of the Project and sealed by a registered architect or engineer licensed in accordance with the
laws of the State of Florida (collectively the "Project Plans"), The Grantee must deliver a complete original.
signed and scaled set of the Piqject Plans to the Department as a condition of and prior to COulinericcillent of
any Development.
Pursuant to the I-WCF Act and general requirements of the LWC*I-- Program, land owned by the Grantee that
is developed of acquired with LWCF Program Funds shall be dedicated in perpetuity as an outdoor recreation
site for the use and benefit of the public in accordance with Rule 62D-5.074. F.A.C. Land that is leased
from the federal government or another public agency by Grantee must include satcguards to ensure the
perpetual use requirement contained in the LWCF Act.
Safeguards include such things as joint sponsorship of the Pro.ject Or ail agreement between the Parties that
tile lessor will 'Assume compliance responsibility for the Project site in the CV01t Of dCftullt by the lessee
(Grantee) or termination or expiration of the lease. Execution of this Agreement by the Department
constitutes an acceptance of Project site(s) dedication on behalf of the, public of the State of Florida. These
dedications must be recorded in the county*s public property records by the Grantee in accordance with
subsection 62D-5.074(1), F.A.C. I -lie Project site(s) shall be open at reasonable time~ and shall be managed
in a safe and attractive manner. Facilities shall be kept in reasonable repair for a minimum oftwenty-five
(25) years from tile, date set firth on file Project Completion Ccritification to prevent undue deterioration. This
Agreement is not transferable.
3. CRANT ADMINISTRATION.
A. All approvals, written or verbal, and other written communication between the Parties, including, all
notice,,, shall be obtained In, or sent to the Parties" Grant Managers..All written communication shall be
by electronic mail, U.S. Klail. a courier delivery service, or delivered in person. Notices shall be
considered delivered tk lien reflected by ail electronic mail read receipt, a courier service delivery receipt.
other mail service delivery receipt. or when receipt is acknowledged by recipient.
B. The Departments Grant Manager (who may also be referred to as the Department's Project Manager)
at the time ofexecution for thisAgreementis:
Angie Bright or Successor
Community Assistance Consultant
Florida Department ofEnvironmentalProtection
Land and Recreation Grants Section
3900 Commonwealth Boulevard, MS# 585
Tallahassee, Florida 32399-3000
Telephone No.:
1 (850) 245-2501
E-mail Address: ... ... ...... . I
Angi c, Brig MO. dep. state. fl. us
DEP Agreement No.: I.W666, Page 2 of 37
The Grantee's Grant Manaaer at the time of execution for this Agreement is:
Mr.Christopher Smith or Successor
Project Manager
Citv of Sanford
300 North Park Avenue
Sanford, Florida 32772-1244
Telephone No.: 1
(407) 688-5144
I
Sanfordfl.2ov
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.
C. The Department, and in certain circumstances the NPS, must approve any changes to this Agreement.
The Grantee shall submit any request for all amendment to the Department's Grant Manager, who will
determine whether the request requires NPS approval. ']'his 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: all increase or
decrease in the Agreement funding amount: a change in the Grantee's match requirements: a change in
the expiration date of the Agreement: and"or changes to the cumulative amount of funding transfers
between approved budget categories that exceeds or is expected to exceed ten percent (10%) of the total
bud -et as last approved by the Department. A change order to this Agreement may be used when task
timelines within the current ZIL11110rized Agreement period change. and/or when the cumulative transfer
of funds between approved budget categories are less than tell percent (10%) of* the total budget as last
approved by the Department. or without limitation to changes to approved fund transfers between budget
categories for the purchases of meeting match requirements. This Agreement may be amended to provide
for additional service,, if additional funding is made available by IJSD0I' NPS and the Florida
Legislature.
D. All days in this Agreement are calendar dans unless otherwise specified
4. PERIOD OF AGREEMENT',
This agreement shall be effective September 22, 2017 ("Effective Date-). through September 30, 2020
("Expiration Date"). I lot\rever. all work under this Agreement must be completed no later than May 31.
2020. which shall also be the *'Project Completion Date."
5. FUNDING.
The Grantee, pursuant 10 I-1VCI-`GL1idClineS, Shall be eligible f'or authorized reimbursement of'costs through
the Project Completion Date ofthis Agreement. The costs must ITICCt all requirements rand financial reporting
of the L\VCF Program and rules and regulations applicable to expenditures of federal and state funds. These
rules and regulations are hereby adopted and incorporated by reference.
A. lythe Grantec*s approved Project includes the acquisition of land. the Grantee Shall purchase the Project
site according to mandates of the LWCF Program, as more particularly described in the I-WCF Federal
Financial Assistance Manual (Manual) The
Department determines the total Grant Award bases.] oil the Project cost. negotiated purchase price, or
approved appraised value, whichever is lowest. All Grant Awards are subject to annual appropriations
by USDOL NPS, and the Florida Legislature. If the negotiated purchase price or approved appraised
value is greater than the amoral appropriation by USIX)L NIS and the Florida Legislature. the Grantee
must pay the additional cost,
B. As consideration for the Grantec*s satisfactory completion of the approved Project under L\VCF
Guidelines and the terms of this Agreement, the Department shall pay the Grantee on a cost
reimbursement basis ill) to a 111,1XiMUrn of$200,000.00 towards the total estimated approved Project cost
of'S400,000.00. The Parties understand and agree that this Agreement require-; at least a fifty percent
DIll Agreement No.: LW666. Page 3 of 37
I. tart f I P-J'T
(50"0 non-federal match from the Grantee towards the work- funded Linder this Agreement. 'I herefore.
the Grantee is responsible for providing $200,000.00 towards the Project funded under this Agreement.
It is understood that any additional funds necessary for the completion of this Project are the
responsibility of the Grantee. It is further understood that Grant Awards may be revised by the
Department due to the availability of 1AVCF Program Funds. Grant Awards are Contingent upon
appropriation by the USDOL, NPS, and the Florida Legislature.
C. All required matching funds shall meet tile federal requirements established in 2 CFR § 200.306 and
other federal statutory requirements, as applicable. Grantee acknowledges and agrees to provide eligible
match types as set forth in the Manual. Grantee acknowledges and agrees not to provide ineligible match
sources, including real property acquired or funds obtained from any of the following sources:
i. Florida Recreation Development Assistance Program (FkDAP), Recreation Trails Program
(RTP), and Land and Water Conservation Fund (LWCF):
it, Donated value ofreal property acquired prior to Department approval or through Land and
Water Conservation Fluid, and
iii. Other state or federal grant or land acquisition programs such as: legislative special interest
projects.
iects. Save ()ur Coast Program, Preservation 2000, Florida Forever. Conservation and
Recreation Lands Program, Save Our Rivers Program. and Land Acquisition Trust Fund.
Real property donated as all or part of the Grantee's required match must be appraised prior to
commencement of the Proiect. Pursuant to subsection 62D-5.071(9). F.A.C.. the Grantee shall submit
appraisal(s), obtained at its own expense and prepared in accordance with the Uniform Appraisal Standards
for Federal Land Acquisitions (-UASFLA-). The appraisal must establish the fair market value of the Project
site. Property appraised at $500.000 or less requires one (I ) appraisal. Property exceeding $500.000 in
appraised value requires a second appraisal. The appraisal(s) shall be dated no earlier than six (6) months
prior to the closing date of the LW( 1: application submission period. The appraisal must be prepared by an
appraiser on the list of approved appraisers maintained by the Department's Division of State Lands under
the provisions of'Sections 253.025(6)(b). 259.041(7)(c), F.S.. and Rule 18-1.007. F.A.C. Project cost is based
on the purchase price or appraised value. whichever is lower: if two (2) appraisals are required. the ProJect
cost is lowest of the two appraisals or the purchase price. Appraisal costs shall not be reimbursed Linder the
terms and conditions of this Agreement.
6. DELIVERABLES.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment A, Project
\Vork Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and
in accordance with LWCF Guidelines. Deliverables may be comprised ofactivities that must be completed
prior to the Department making payment on that deliverable. The Grantee agrees to perform in accordance
with the terms and conditions set forlh in this Agreement and all Attachments and Exhibit.,, incorporated
herein.
7. 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 Project Work Plan: (3) the services will be performed in a professional
and workmanlike manner in accordance with industry standards and practices: (4) the services shall not and
do not infringe upon the intellectual property rights. or any other proprietary rights, of any third party: and
(5) its employees, subcontractors, andior sub -grantees shall comply with any security and safety requirements,
and processes, i f'provided by the Department, for work done at the Project site. The Department reserves the
right to in% esug
,ate or inspect at any time whether the services or qualifications offered by the Grantee meet
the Agreement requirements. Notwithstanding any provisions to the contrary. written acceptance of a
particular deliverable minimum requirement does not foreclose the Department's remedies in the event those
performance standards that cannot be readily measured at the time of delivery are not met.
8. ACCEPTANCE OF DELIVERABLES.
A. Acceptance Process. All deliverables must be received and accepted in writing by the Department's
Grant Manager before payment, -File Grantee shall work diligently to correct all deficiencies in the
deliverable that remain outstanding, within a reasonable time at the Grantee's expense. If the
DEP Agreement No.: LW666. Page 4 of'37
11kf 1YF,;'
Department's Grant Manager does not accept the deliverables within 30 days of receipt. tile%( Nvill be
deemed rejected.
B. Rejection of Deliverables. The Department reserves the right to reject deliverables. is outlined in tile
Pro , ject Work ['Jan, as incomplete, inadequate, or unacceptable due, in whole or in part, to the Grantee's
lack of'satisfactory performance under the terms of this Agreement. The Grantee's of to correct the
rejected deliverables will be at the Grantee's stile expense. The Grantee shall only invoice the
Department for deliverables that are completed in accordance with the Project Work Plan. Failure to
fulfill the applicable technical requirements or complete all tasks or activities in accordance with the.
Project IVork Plan will result in rejection of the deliverable and the associated invoice. Payment 11or the.
rejected deliverable tvill not be issued unless the rejected deliverable is made acceptable to the
Department in accordance with the Agreement requirements. The Department, at its option, may allow
additional time within which the Grantee may remedy the objections noted by the Depannient. The
Grantee's failure to make adequate Or acceptable said deliverables after a reasonable opportunity to do
so may constitute all event Of default.
9. FINANCIAL, CONSEQUENCES FOR NONPERFORMANCE
A. Withholding Pavalent. In addition to the specific consequences explained in the Project Work Plan. the
State of Florida reserves the right to withhold payment when the Grantee has failed it) perforrwconlply
with provisions of this Agreement. These consequences for nonperformance shall not be considered
penalties.
B. Corrective Action Plan. If the Grantee tails to correct all deficiencies in it rejected deliverable within
the specified timeframe, the Department may, in its sole discretion, request that a Corrective Action Plan
(('AP) be Submitted by the Grantee to the. Department. The Department shall provide the Grantee with
a written request for a CAP that specifies the outstanding deficiencies. All CAPS must be able to be
implemented and performed in no more than sixty (60) calendar days.
L The Grantee shall submit a CAP within ten (10) calendar days of the date of the wriucii request
from the Department. The CAP shall be sent to the Department Grant Manager for review and
approval. Within tell (1 Cr) calendar days ot'receipt of CAP. the Department shall notify the
Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted.
the Grantee shall have tell (10) calendar days from receipt ot*the Department letter re - jecting the
proposal to 'submit a revised proposed CAP. Failure to obtain the Department approval of a
CAP as specified above shall result in the Department's termination of this Agreement for cause
as authorized in this Agreement.
ii. Upon the Department's notice of acceptance of proposed CAP. the Grantee shall have tell
(10) calendar dans to commence implementation of the accepted plan. Acceptance of the
proposed CAP by the Department does not relieve the Grantee of any of its obligations under
the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by
Grantee. the Department shall retain the right to require additional or further remedial steps. or
to terminate this Agicenicirt for failure it) perrorm. No actions approved by the Department or
steps taken by the Grantee shall preclude the Department from subsequently asserting any
deficiencies in performance. The Grantee shall continue to implement the CAP until all
deficiencies are corrected. Reports on the progress of the CAP will be made to the Department
as requested by the Department Grant Manager.
iii. Failure to respond to a Department t'eCILICSt for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of
the Ai,reement.
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above. as permitted by this Agreement.
C. if the Grantee materially tails to comply with the terms and conditions of this Agreement, including any
federal or state statutes. rules, or reuuiations the Department may take one or more of the folloxing
actions. as appropriate ter the circumstances,
i. Temporarily withhold cash payments pending correction of tile deficiency by the Grantee.
iL Disallow (that is, deny both use of funds and any applicable matching credit For) all or pan of
the cost of the activity or action not in compliance.
DFI) Agreement No.: I.W666, Page 5 ot*37
iii. Wholly or partly suspend or terminate this Agreement,
i,. Withhold further awards for the Project or LWCF Program.
v. Take other remedies that may be legally available.
vi. If the Cirantee incurs any financial obligations during, a suspension or after termination of this
Agreement they are not reimbursable unless the Department expressly aUthOriZCS them in the
notice of suspension or termination, If the Grantee can demonstrate that the costs incurred
during suspension or after termination were necessary and not reasonably avoidable, the
Department may reimburse those costs if the following apply:
a. The costs result from obligations that were properly incurred by the Grantee before
the effective date of suspension or termination, were not in anticipation of it. and in
the case of termination, are noncancelable, and;
b. The cost would be allowable if the Agreement were not suspended or expired normally
at the end of the funding period in which the termination takes place.
The remedies identified above do not preclude the Grantee from being subject to debarment and suspension
under Presidential Executive Orders 12549 and 12689.
D. If the Grantee materially fails to comply with the terms stated in this Agreement or with any provisions
ot'Chapter 62D-5, FA.C., the Department shall terminate this Agreement and demand relum of the
LW( F Program Funds. Furthermore, the Department shall declare the Grantee ineligible for further
participation in LWC'F until the Grantee is in compliance pursuant to subsection 62D-5.(,174(4). F.A.C.
10. PAYINIENT.
A. Pavinent Process. Subject to the terms and conditions established by the Agreement, the pricing per
deliverable established by the Project Work Plan, and the billing Procedure-; established by the
Department, the Department agrees to pay tile Grantee for services rendered in accordance with
Section 215.422, F.S.To obtain the applicable interest rate, please refer to:
ni% f1ondaft) cm Di\ ,,iwA k-C-11111.1im,
B. Taxes, 'File Department is exempted from payment of State sales and use taxes and Federal excise taxes.
The Grantee, however. shall not be exempted frons paying any taxes that it is subject to. including State
sales and use taxes. Or for payment by the Grantee to suppliers for taxes on materials used to fillfill its
contractual obligations with the Department. The Grantee shall not use the Department's exemption
number in securing such materials. The Grantee shall be responsible and liable for the payment of all its
FICA /Social Security and other taxes resulting from this Agreement.
C. Maximum Amount Of Agreement. 'file MaXiolUill annO.Unt of compensation under this Agreement.
without all amendment, is outlined in paragraph 5.B. of this Agreement. Any additional funds necessary
for the completion ofthis Pro'iect are the responsibility of the Grantee.
D. Reimbursement for Costs. File 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 Project
W
ject ork
]'fail. The Grantee shall request reimbursement using Attachment C, Payment Request Summary
Form, DRP -115, available online and incorporated herein by reference. To be eligible for
reimbursement. Project costs must comply with the laws, rules. and regulations applicable to
expenditures of state funds. including, but not limited to, the L.WCF Manual and Reference Guide f6r
State Expenditures, which can be accessed at the following web address:
NtP: �. l%� �,wJllw -�Wd! WCC`c %:e The Grantee shall comply with the minimum
1---_11-_ ---------
requirements set forth in Attachment D, Contract Payment Requirements, available onfille and
incorporated herein by reference.
E'. Project Costs and Cost Limits:
i, Project Costs, The Department will WilllbUrSC Pro ' jcct costs pursuant to paragraph 62D -
5.073(2)(a). F.A.C., and as provided herein. The Grantee must incur all reimbursable Project
costs between the Effective Date of the Agreement and the Prcjest Completion Date as set forth
itithe Pro.iect(*otnpictioii('eiii(ication. lfthe total cost oftiieProject exceeds the grant amount
and the required match the Grantee must pay the excess cost.
ii. Cost Limits. Pursuant to paragraph 62D -5.073(2)(b), F.A.C., project planning expenses for
DEP Agreement No.: L41°666. Page 6 of 37
Development Projects, such as architectural and engineering costs, permitting fees. and project
inspection fees, are eligible Project costs provided that such costs do not exceed fifteen percent
( 15%') of the total Project cost. These costs must be incurred between the Effective Date of this
Jreement and the Project ect Completion Date.
C�
I=. Invoice Detail. All char, -,es for services rendered or for reimbursement of expenses authorized by the
Department pursuant to the Project Work Plan shall be submitted to the Department in sufficient detail
for a proper pre -audit and post -audit to be performed.
G. Final Paygi�ijl_gsWugsj. A final payment request should be submitted to the Department no later than
sixty (60) calendar days following the Project Completion Date of the Agreement to ensure the
availability of funds for payment. However, all work performed pursuant to the Project Work Plan must
be performed on or before the Project Completion Date of the Agreement. The Department will not
process the final payment until the Grantee has met the match requirement.
H. Annual Appropriation Contingency. The State of lorida's performance and obligation to pay tinder this
Agreement is contingent upon an annual appropriation by the Florida Legislature and the availability of
funding and grants from the USDOI and NPS. This Agreement is not a commitment (if' future
�7 9
appropriations. Authorization for continuation and completion of work and any associate(] payments
may be rescinded, %kith proper notice. at the discretion of the Department ift_JSD(A. NPS, and!or the
Florida Legislature reduces or eliminates appropriations.
1. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate
used by the State Board of Administration.
11. DOC 17 NI ENTATI ON REQUIRED FOR cos,r REINJ BURSE.1*1 ENTGRANT AG REEMFNTS AND
N1 A TC H.
Supporting documentation must he provided 10 Substantiate cost reimbursement or match requirements for
the following budget categories:
A. Salaries, L�Lborjl Ilse Grantee may Ile reimbursed for direct salaries, or multipliers (i.e..
fringe benefits, overhead, indirect, and,'or general and administrative rates) for Grantee's employees. as
listed oil the Grantee's approved Cost Analy sis to be submitted pursuant to Attachment A. Project Work
Plan, Task I .
0%�ei-liead,iiidii-ect,'Geiiet-aI and Adininistratke Costs. All multipliers used (i.e., fringe benefits.
overhead, indirect, andior general and administrative rates) shall be supported by audit. Ifthe Department
determines that multipliers charged by the Grantee exceed the rates supported by audit, the Grantee shall
be required to reimburse such funds to the IX-partment within Thirty (30) calendar days of written
notification. Interest on the excessive charges shall he calculated based on the prevailing rate used by
the State Board of Administration.
i. I"rinee Benct its (Employee Benefits) Shall be Calculated at a rate up to 401,, of direct salaries.
it. Indirect Cost -- Shall be calculated a,, 15"4) ot'direct costs.
C. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors -
must be substantiated by copies of"invoices. Subcontracts that involve payments t1or direct salaries shall
clearly identify the personnel involved, salary rate per hour. and hours spent on the Project. All eligible
multipliers used (i.e.. firinge benefits, overhead, indirect. and/or general and administi-ative rates) shall
be supported by, audit. If the Department determines that multipliers charged by any subcontractor
exceeded tile rates supported by audit, the Grantee shall be required to reimburse such fbilds to the
Department within flinty (30) calendar days of written notification. Interest shall he charged on the
excessive rate.
i. For fixed-price (vendor) subcontracts. the followitig provisions shall apply: The Grantee may
award, on acompetitive basis, fixed-price subcontracts t00011SUltants,contractors in performing
the work described in Attachment A, Project Work Plan. Invoices submitted to the Department
for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's
invoice.
DI. -'T Agreement No.: 1AV666. Page 7 ot'37
I t'llic procurement is subJect to the Consultant's Competitive Negotiation Act Under Section
287.055, F.S. or the Brooks Act, the Grantee must provide documentation clearly evidencing
it has complied with the suitwtor;, Or federal requirements.
D. Rental/Lease of, Equipment, Match or reirliburSCIVICIlt MIUC.StS torr the rCiltaldCaSC 01' Cquij)jjrCjlt 11juSt
include copies of*invoices or receipts to document charges.
F. Travel. The Grantee will not be reimbursed for travel expenses under the terms and conditions ol'this
Agreement,
F. Miscellaneous/Other Expenses. It' miscellaneous err Other CX[MISCS, Such as materials. supplies, non -
excluded phone expenses.. reproduction, or mailing. are reimbursable err available J`or match or
reimbursement under the terms of" this Aureement, the documentation supporting these expenses must
be itemized and include copies of receipts or invoices. Additionally, independent of the Grantee's
C0111raCt obligations to its subcontractor, the [,)el)arllllcflt 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 wk ith I)UfCllaSillg SUj)I)IiCS Or MiLlilMlent.
G. In addition to the invoicing requirements contained herein, the Department will periodically request
proof" Of* a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the:
Agreement pursuant to .,,rate and federal guidelines (including cost allocation guidelines), as applicable.
The Grantee must provide the requested information within thirty (30) calendar days ot'such request.
The Department May also require the Grantee to submit a cost allocation plan in support of'its multipliers
(overhead. indirect. general administrative costs, air(] fringe I)CllefilS). State ,Llidclincs for allowable
costs can he found in the Department of Financial Services' Reference Guide for State Expenditures at
fm llon(Lw Cy,,wn aadq rclew[we -mdv : and allowable costs and unifOrm administrative
reqUirement,, for federal programs can be found mider 2 UFR 200 and 2 CFR 1402, at
I I. Because of the t'edei al Rinds a\N al'dCd under Kiel thi,1, Agreement, the Grantee must comply with The ['edenjl
Viinding AccomitabilitV and Transpiren(jr- Act f"/V-4T4') ey'2006. I'lle intent of' the FFA I A is to
empower every American with tile ability to hold the government accountable for each spending
decision, The end result is to reduce WaStC1111 SIVIldilIg ill the 110vcrnmcnt. The FFATA legislation
requires that itil'ormation on federal awards (federal financial assistance and expenditures) be made
available 10 the Public Via a single, searchable website. which is %% \k %k1 (iran
..........
Recipicnts awarded a ric\k Fedcra) grunt greater 111all or equal to 525,000 awarded on or after October 1.
2010. are subJeci to the FTWI A. The Grantee agrees to provide the int'ormation necessary. over life lift
of'this Agreement, for the Department to comply with this requirement.
12. RE110IRTS.
A. 'file (iralltCC shall utilize AtUchnient E. Project Status Report, DR111-109, mailable online and
incorporated herein by reference, to describe the work per-lonned during the reporting period. problems
encountered, problem rCs0lUti011'S. Schedule updates. and proposed work fior the next reporting period.
The ProJect Status Reports shall be submitted to file Department"s Grant Manager no later than twenty
(20) calendar days 1`61lowing, the completion of the reporting period. It is hereby understood and agreed
by the Parties that the term -reporting period- shall reflect the reporting, period ending January 5. May,
5. arid September 5. 'rhe Department's Grant Manager shall have thirty (30) calendar days to review the
required lepolts arld dcliver-ables submitted by the Grantee. The Filial Status Report is due sixty (60)
days prim to the Expiration Date ot'llris Agreement. The Department's Grant Manager shall have thirty
(30) calendar days to rcview% the I-CqUir-cd reports and deliverables submitted by the Grantee.
B. Additionally. the Grantee shall comply with the reporting, arid inventory requirements set forth in the
Statewide Compreheriske 01.1tcloor Recreation Plan (SCC)R.1'). available online:
and hereby incorporated by
reference, toy updating the Florida Outdoor Recreation Inventory (FOR 1) system
0mdad"-p -,m, 11(6d�i,�Wd,q�[ 1�l',������t�����.�����.'Ilt,lr)�
DEP Agreement No.: LW666. 11agc 8 o1'37
13. RETAINAGE.
A. For Development Projects only, the Department sliall retain ten percent (10"o) of the Grant Award until
the Grantee completes the Project and the Department approves the completion documentation set forth
in paragraph 62D -5.073(2)(c) and subparagraph 62D -5,073(7)(c)2.. F.A.C.
B. 'I'lic Department reserves the right to withhold payment of retainage for Grantee's failure to respond to
or correct identified deficiencies within the timeframe stipulated in the ProJect Work Plan. The
Department shall provide written notification to Grantee of identified deficiencies and the DepartnictiCs
intent to withhold retainage. Grantee's failure to rectify the identified deficiency within the timeframe
stated in the Department "s notice will result in forfeiture of retainage by Grantee.
C_ It'Grantee fails to perform the requested work. or fails to perform the work in ,I satisfactory manner.
Grantee shall forfeit its right to payment for the work and the retainage called for under the entire Project
Work Plan. Failure to perform includes, but is not limited to., failure to Submit the required deliverables
or t'hilure to provide adequate documentation that the work was actually perfornied.
D. NO retainage shall be released or paid far incomplete work while this Agreement is suspended.
L�
F, Fxcept as otherwise provided above. Grantee shall be paid the retainage associated with the work,
provided Grantee has completed the work an(] submits an invoice for retainage held in accordance with
tile invoicing procedures under this Agreement.
F. The Department may perform an on-site inspection of the Project Site LO ensure compliance with the
Pro ficiencies must be corrected by
Project Agreement prior to release of final grant payment. Any de
Grantee prior to disbursement of final payment,
14. PROJECT COMPLETION CERTIFICATION.
Project completion means the Project is open and available for use by the public. To certify completion, the
Grantee shall submit to the Department Attachment F, Project Completion Certification Form., DRP -126.
available online and incorporated herein by reference. The ProlieCt Must be designated complete prior to
release of final reimbursement,
15. SIGNAGE.
Grantee must erect a permanent information sign on the Pro ' iect site that credits fundin'g. or a portion thereof.
to the Florida Department of Environmental Protection and the Land and '�Vitcr Conservation lund Program.
I ?SC of the 1.\\7('[- Logo on the permanent Project signs is rC(lUIrCd. Grantee is encouraged to position signage
acknowledging LAVC1" assistance at entrances to outdoor recreation sites, at other appropriate oil -site
locations, and in folders and park literature. The acknowledgement of LNVCF assistance will be checked
during compliance inspections. The sign Must be installed on the Project site and approved by the
Department before (lie final Pio�jcct reimbursement request is processed. 'I'lle required 1, WCF Logo. l.WCF
-1crins of Use. and sample sign are available online: hnp,:000 Lwti , I , _x ,id , i - rcciti - o , p
D
cill 1 � Al 12 2! )1 -1 - - - -,
16. SITE DEDICATION.
The interest in land developed or acquired by tile Grantee with LWCF Program Hinds shall be subject to the
site dedication requirements set forth in Chapter 62D-5. F.A.C. and of the LAVCT Act, specifically, Section
6(f)(3), as codified in 36 CFR § 59.3. Pursuant to the LWCF Act and general requirements of the LWCT
Progiarri, laud owned by the Grantee that is developed or acquired with LWCF Program Funds shall be
dedicated in perpetuity, as an outdoor recreation site tbr the use and benefit of the public. Land that is leased
from the federal government or another public agency by Grantee must include safeguards to ensure the
perpetual use requirement contained in the LWCF Act. Safeguards include such things as joint Sponsorship
of the Project or an agreement between the Parties that the lessor will assume compliance responsibility for
the Project site in the event of default by the lessee (Grantee) or termination or expiration of the lease. These
dedications must be recorded in the County',., public property records by the Grantee.
DEP Agreement No.: LW666, Page 9 of 37
I7. LAND ACQUISITION.
A. Reimbursement. For Acquisition Projects, reimbursement for the Costs associated with acquiring interest
andlor rights to real property (including access rights through ingress!cercss casements, leases. license
agreements, or other site access agreements: arid/or obtaining record title ownership of real properly
through purchase) must be supported by the following:
L 11 uniform Appraisal Standards for Federal Land Acquisition,, (-UASI`-'LA-) standard appraisal:
and
ii. A signed and scaled survey of the Project site prepared pursuant to subparagraph 6213-
5.058(6)(f)2., F.A.C,: and
iii. Title Opinion prepared bN1 a member of' the Ilorida Bar or a licensed title insurer covering the
prior thirty (30) year period: and
iv. An Environmental Assessment (see 43 CFR § 46(t))): anti
V. Conduct a Section 106 Review and provide the State Historic Preservation Otlicer*s findings:
and
i. Resubmit the PD/FSF valuation certification after tile LJASFLA appraisal.
B. Site Development. The Grantee shall have three (3) years from completion date set rorth, in the Project
Completion Certification to develop the property, unless extended by staff upon written request of the
Grantee for good cause. as Outlined ill paragraph 62D -5.073(6)(f). F.A.C.
18. CONVERSION.
This Project site acquired and,,or developed with LWCF assistance shall be retained and used for public
outdoor recreation. This Project site so acquired and"Or developed shall not be wholly or partly converted to
other than public outdoor recreation uses without the written approval of'the NIS pursuant to the conversion
provisions ol'Section 6(f)(3) of the LWC*F Act, 36 (TR Part 59. the Manual and all other applicable
regulations. All conversion provisions and guidelines apply to each area or facility f*(.)r which LWCF
assistance is obtained. reoardlesof the extent of'participation of the Project in the assisted area or facility
and consistent xvith the contractual agreement between USDOI. NPS, and the State offlorida,
Should Grantee convert all or part of the Project site to other than public outdoor recreational uses, the
Grantee shall replace the area, facilities, resource, or Project site at its own expense with an acceptable project
of comparable or greater value, scope. and quality pursuant to LWCF mandate,;. All conversions require
amendments to the original Protect agreement (36 CFR: 59.3(c)). Therefore. amendment requests should be
submitted concurrently with conversion requests. Project boundary maps shall be submitted with the
amendment request to identify the changes to the original area caused by the proposed conversion and to
establish a new Project area pursuant to the substitution. Once conversion has been approved, replacement
property should be immediately acquired. When it is not possible for replacement property to be acquired
immediately, all express commitment to satisfy Section 6(f)(3) substitution requirements with a specified
period. normally not to exceed one ( I) yyear following conversion approval, is require(], 'Chis commitment
will be in tire form of air amendment to the original Agreement.
19. INSUPLANCE.
A. Re uircd t average. At ail tinics dulinL, thi" Aunceincrit the (Traracc. at �u—o!L�C%pcllse, 11,dl maintain
insurance Ckl% cnilt'e of the types and with the terms and limits described below, The limit., of coverage
under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability
and obligations under this Agreement. All insurance policies shall he through insurers licensed and
authorized to issue policies in Florida. or alternatively. Grantee may provide coverage through a self-
insuiance program established and OIXiatillil. Under the laws of Florida. Additional insuiance
requirements for this Agreement may be required elsewhere in this Agreement, however the minimum
insurance requirements applicable to this Agreement are:
i. Commercial General Liability Insurance,
Tire Grantee shall provide adequate commercial general liability insurance coverage and hold
such liability insurance at all times during this Agreement. The Depariiiieritot*EtiviroriiiientaI
Protection. its employees, and officers shall be named as an additional insured on any general
liability policies. The rinininiurn limits shall be $200.000 cacti individual*s claim and 5300.000
cacti occurrence.
DEP Agreement No.: LW666, Paizc 10 0'37
Workers* Compensation and Employer's Liability Coverage.
The Grantee shall provide workers' compensation. in accordance with Chapter 440, ES., and
employer's liability insurance with minimum limits of 5100,000 per accident. $ 100.000 per
person. and 5500.000 policy aggregate. Such policies shall cover all employees engaged in any
work under this Agreement.
.('ornmercial 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 covcrage on an occurrence basis. The
Department of Environmental Protection, its employee,,, and officers shall be named as all
additional insured on any automobile insurance policy. *The minimum limits shall be as follows:
5200.0001$300,000 Automobile Liability for Company -Owned Vehicles, if applicable
$200,0001$300,000 Hired and Non -(A% tied Automobile Liability Coverage
iii. Other firsulance.
Additional insurance may be required by tederal ]a\%, where applicable. if any work proceeds
over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbor
Worker's. or the inclusion of any applicable rider to worker's compensation insurance, and airy
necessary watercraft insurance, with limits of not less than $300.000 each. Questions
concerning- required coverage should be directed to the U.S. Department of Labor -
(111,L gw, ls�onuicjhmn � or to the parties* insurance carrier.
B. 111SUrance Reouiretnents for Sub -Grantees and'or Subcontractors. The Grantee shall require its sub -
grantees and/or subcontractors, if any, W maintain insurance co% erage of the types and with the terms
and limits as describe(] in this Agreement. The Grantee shall require all its sub -grantees arid,'or
subcontractors, it' any. to make compliance with the insurance requirements of this Agreement a
condition of all contracts related to this Agreement. Sub -grantees and subcontractors must provide
proofol'insurance upon request.
C. Exceptions to Additional Insured Requirements. 11' 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 coy cred party everywhere this Agreement requires them to be added as an
additional insured. Further, notwithstanding the requirements above. if Grantee is self-insured, then the
Departincrit of Lrikiionniental Protection, its employees, and officers (it) not need to be listed as
additional insureds.
D. Deductibles. The Department shall be cNeillpt firoill, and ill no \Nay liable for, any sums of nioncy
representing a deductible in any insurance policy. The payment of'such deductible shall be the sole
responsibility of the Grantee providing Such insurance,
E. Proof of Insurance. Upon execution of this Agreement. the Grantee shall pro% ide the Department
documentation demonstrating
the existence and amount for each type of applicable insurance coverage
prior In performance of any work under this Agreement. Upon receipt OfNkTitten request frorn the
Department, the Grantee shall Furnish the Department with proof of applicable insurance coverage by
standard f'orm certificates of insurance, a self-insured authorization, or other certification of self-
insurance.
F. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer tier
ativ reason. the Grantee shall ininiedialciv notify the Department ol'such cancellation and shall obtain
adequate replacement coverage conforming to the requirements, herein and provide proof of such
replacement coverage within ten (10) calendar days after cancellation of the coverage.
20. TER -,.N1 I NATION.
A. Termination for Convenience. The Department may terminate the Agreement in whole or in part by
giving thirty (30) days* written notice to the Grantee. Mien the Deparinient determines. in its sole
DEP Agreement No.: LW666. Page I I ot'37
discretion. that it is in the State's interest to do so. The Department shall notify, the Grantee of the
termination for convenience with instructions as to the effective date of termination or the specific stage
of work at which the Agreement is to be terminated. The Grantee shall not furnish any service or
deliverable after it receives the notice of termination, unless otherwise instructed in the notice. The
Grantee shall nor be entitled to recover any cancellation charges or lost profits. If the Agreement is
terminated before performance is completed, the Grantee shall be paid only for that work- satisfactorily
performed for which costs can be substantiated.
B. Termina.1tio.n... for Cause. The Department may terminate this Agreement if any of the events of default
described below occur or in the event that the Grantee fails to fulfill any of its other obligations under
this Agreement. The Grantee shall Continue work on any portion of tide Agreement not terminated. It;
after termination, it is determined that the Grantee was not in default, or that the default was excusable,
the rights and obligations of the Parties shall be the same as if the termination had been issued for the
convenience of the Department. ["lie rights and remedies of the Department in this clause are in addition
to any other rights and remedies provided by law or under this Agreement.
C. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial
termination. and except as otherwise directed by the Department, the Grantee shall stop performing
services on the (late. and to the extent specified, in the notice.
21. NOTICE OF DEFAULT.
It' the Grantee defaults in the performance of any covenant or obligation contained in the Agreement.
including, without limitation, any of the events ot'default listed below. the Department shall provide notice
to the Granice and an opportuniVy to clue 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 f;tilllre. The notice will also
provide that, should the Grantee fail to perform within the time provided, the Grantee will be found in default,
and the Department may terminate the Agreement effective as of the date of*receipt oftlic default notice.
22. EVENTS OF DEFAULT.
Provided such thilure is not the fault of'the Department or outside the reasonable control of the Grantee, the
following non-exclusive list of events, acts. or omissions, shall constitute events of default:
A. The commitment of airy material breach of this Agreement by the Grantee, including, failure to timely
deliver a material deliverable. failure to perform the minimal level of services required for a deliverable,
discontinuance of the performance of the work. failure to resume work that has been discontinued within
a reasonable time after notice to do so, or abandonment of the Agreement.
B. The commitment of any material misrepresentation or ornission in any material-.,, or discovery by the
Department OfSUCII, made by the Grantee in this Agreement or in its application for funding.
C. Failure to submit air\, of the reports required by this Agreement or having submitted air\, report with
incorrect, incomplete, or insufficient information.
D. Failure to honor any term of the A,,rcenicm,
F. Failure it) abide by air\, statutory. reg
,ulatory. or licensing requirement, including air entr), of all order
revoking the certificate of authority granted to the Grantee by a state or other licensing authority.
F. Failure to pay -,my and all entities, individuals. and the like furnishing labor or materials, or failure to
make payment to any other entities as required herein in connection with the Agreement,
G. EMPIOVIlleul of an unauthorized alien in the performance of the r%oik, in violation of'Section 274 (A) of
the Immigration and Nationality Act,
11, Failure to maintain the insurance required by this Agreement,
DEP Agreement No,: LW666, Page 12 of 37
1.%W f I " tG i,
One or more of the following circumstances, uncorrected for more than thirty (' 30) calendar days unless.
within the specified 30 -day period, the Grantee (including its receiver or trustee in bankruptcy) provides
to the Department adequate assurance--,, reasonably acceptable to the Department, of its continuing ability
and willingness to fulfill its obligations under the Agreement:
i, Entry of an order for relief under Title I I of the united States ('ode:
ii, The making by the Grantee of a general assignment for the benefit ot'creditors:
iii. The appointment of a general receiver or trustee in bankruptcy of the Grantee's business or
property: and"Or
iv, An action by the Grantee tinder any state insolvency or similar law for the purpose of its
bankruptcy, reorganization, or liquidation.
23. SUSPENSION OF WORK.
The Department may. in its sole discretion. suspend any or all activities tinder the Agreement, at any time,
when it is in the best interest of the State to do so. The Department shall provide the Grantee written notice
outlining the particulars of suspension. Barriples of reasons for suspension include, but are not limited to,
budgetary constraints, declaration ofernergency, or other Such circumstances. After receiving a.SLIS'Pension
notice. the Grantee shall comply with the notice. Within ninety (90) days, or any longer period agreed to by
the Parties, the Department shall either: (I ) issue a notice authorizing resumption of work, at which time
activity shall resume: or (2) terminate the Agreement. If the Agreement is terminated after thirty (30) days
of" suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a
notice of termination for convenience. Suspension of work shall not entitle the Grantee to any additional
compensation.
24. FORCEMAJEURE.
The Gunter: shall not be responsible for delay rOUltillg 11-0111 its failure to perform if neither the fault nor the
negligence of the Grantee or its employees or agents contributed to the delay and the delay is due directly to
acts of God. vars. acts ot'public enemies, strikes, fires. floods, or other similar cause Wholly beyond the
Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of
supply is available to the Grantee. In case of any delay the Grantee believes is excusable, the Grantee shall
notify the Department in writing of the delay or- potential delay and describe the cause ofthe delay either ( I )
within tell days after the Cause. that creates or will create the delay first arose. if the Grantee could reasonably
foresee that a delay Could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after
the date the Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL
CONSTITUTE THE GRANTEE'S SOLE REINIEDVOR 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 fear an extension of time. ,hall he asserted against the Department. rhe (irantee shall
not be entitled to ail increase in the Agreement price or payment of any kind from the Department for direct,
indirect, consequential, impact or other Costs, expenses or damages. including but not limited to costs of
acceleration or inefficiencv, arisint, because of'delay. disruption, interference, or hindrance from any cause
whatsoever. If performance is suspended or delayed. in ",[role or in pari. due to any of the causes described
in this paragraph, after the causes have ceased to exist the Grantee shall perforin at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair the value of the
Agreement to the Department. in which case the Department may (1) accept allocated performance or
deliveries from the Grantee, provided that the Grantee grants preferential treatment to Department with
respect to products sub ' jected to allocation. (2) contract with other sources (without recourse to and by the
Grantee Jor the related costs and expenses) to replace all or pail of the products or services that are the sub ' ject
of the delay, which purchases may be deducted from the Agreerlient quantity: or (3) terminate the Agreement
in %%Ilole or in part.
25. INDEMNIFICATION.
A. 'The Grantee shall be full\, liable for the actions of its agents. employee,,,, partners. or subcontractors and
shall fully indemnify. defend, and hold harmless the Department and its officers, agents, and employees,
from suits. actions, damages. and costs of every name and description arising from or relating to:
i. Personal injury and damage to real or personal tangible property alleged to be caused in whole
or in part by Grantee. its agents, employees, partners, or subcontractor.,;: provided, however,
that the Grantee shall not indemnify for that portion of any loss or damages proximately caused
by the negligent act or omission of the Department:
DEP Agreement No.: LW6W Page I.i of 37
fWi 111"i,
ii. 'file Grantee's breach of this Agreement Or tile negligent acts or ornissions of the Grantee.
13. Tile Grantee's obligations under the preceding paragraph with respect to any legal action are contingent
upon the Department giving the Grantee (I) 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. 'file Grantee shall not be liable fbr any cost, expense.
or compromise incurred or made by the Department in any legal action without the Grantee's prior
written consent. which shall not be unreasonably withheld.
C. Notwithstanding paragraphs 25.A. and 25.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 anj 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 a-encv or subdivision ofthe
State of Florida to be stied by third parties in ail), matter arising Out Of any contract or this A-reernerit,
D. No provision in this Agreement shall require the Department to hold harmless or indemnify the Grantee,
insure or assume liability for the Grantee's negligence. waive the Department's sovereign immunity
under the laws of Florida. or otherwise impose liahility on the Department for which it would not
Otherwise be responsible. Any provision, implication Or suggestion to the contrary is null and void.
26. LIMITATION OF LIABILITY.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in
an amount no greater that; the sum of the unpaid balance of compensation due J`c.)r goods or services rendered
pursuant to and in compliance with the terms of this Agreement. Such liability it further limited to it cap Of
S 100.000,
27. REMEDIES.
Nothing in this Agreement shall be construed to make the Grantee liable for force maJeure events. Nothing
in this Agreement, including, financial consequences for notiperforinance. shall limit the Department's right
to pursue its remedies for other types ofdarnages under this Agreement. at laWOr in equity. The Department
may, in addition to other remedies available to it at law or in equity and upon notice to the Grantee. retain
such monies from amounts due Grantee as may be necessary to satisfy claim for damages, penalties, cost,,;
and the like asserted by or against it.
28, WAIVER.
'file delay or failure by the Department to exercise or enforce any of its rights under this Agreement shall not
constitute or be deemed a waiver of the Department's right thereafter to enforce those rialits, nor shall an\,
single or partial exercise of any such right preclude any other or Further exercise thereof or the exercise If
ariv other right.
29. STATUTORY NOTICES RELATINGTO UNAUTHORIZED EMPLOYIMENTAND
SUBCONTR-ACTS.
A. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of
Section 274A(c) of the immigration and Nationality Act. If the Grantee/subcontractor knowingly
CII1plOyS unauthorized illiens. such violation shall be cause for unilateral cancellation of this Agreement,
The Grantee shall be responsible for including this provision in all subcontracts with private
Organizations issued its a result of this At,
,reenient.
Pursuant to Sections 287.133 and 287.134, ES., the fi) I I o%ving restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A pet -soil 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 far 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
it
entity: may not be awarded Or perform work as Grantee, supplier. subcontractor, or consultant
DEP Agreement No.: 1,NA'666, Page 14 o1*377
IWI 1"A"i-
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 ot'36 months following the date of being placed on the convicted vendor list,
ii. Discriminatory Vendors. An entity or affiliate who has been placed oil the discriminatory
vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or
services to it public entity: may not submit a bid, proposal. or reply on a contract with a public
entity for the construction or repair of 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. Notification. The Grantee shall notify the Department if it or any of its
subcontractors, or consultants have been placed on the convicted vendor list or the
discriminatory vendor list during the life of the Agreement. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and posts
the list oil its websile. Questions regarding the discriminatory vendor list May be directed to the
Florida Department of Management Services, Office of'Supplier Diversity. at (850) 487-0915.
30, COMPLIANCE'VVITH FEDERAL, STATE AND LOCAL LAWS
A. The Grantee and all its agents shall comply with all federal, state and local regulations, including. but
1�
not limited to, nondiscrimination. WaVeS. social SCCUrity, workers' compensation, licenses, and
registration requirements, 'File Grantee shall include this provision in all subcontracts issued as a result
of this Agreement.
B. Pro , jects receivirn, federal funding must comply with the National t-,rivirorimental Policy Act (NEPA),
\%,Inch provides a framework, for environmental analyses. reviews. and consultations. NEPA's process
..umbrella*' covers a Project compliance with all pertinent federal environmental laws. To facilitate
and document the NEPA process, the L, CF Proposal Description and F 'rivironincrital Screening
Form (PD, ESF) Nvas completed and submitted as part of the approved I-WCF application to the NPS.
I lie ESF administratively documents a Categorical Exclusion (CE) recommendation or the necessity
of further environmental review through an Environmental Assessment (EA) or' Environmental
Impact Statement (FIS). as necessary. NI'S will conduct all independent revie.N of the PD/ESF and
deten-nine the appropriate action. NNIlen applicable. the Grantee will coordinate with the Department
to ensure the Project's compliance with NEPA, and appropriate documentation of'such compliance
will be maintained by both Parties,
C. Pursuant to, 36 CFR § 59.4, Section 6(018) of* the [,and and Water Conservation Fund Act
prohibits discrimination based on residence, including preferential reservation or membership
systems. except to tile extent that reasonable differences in admission and other fees may be
maintained on such basis. This prohibition applies to both regularly scheduled and special events.
Fees char -ed to nonresident,, cannot exceed twice that charged to residents. kVhen (here is no
charge for residents but 1I fee is charged to nonresidents, nonresident fees cannot exceed fees
charged for residents at comparable state or local facilities. Reservation, membership, or annual
permit systems available to residents must also be available to nonresidents and the period of
availability must be the same for both residents and nonresidents, The Grantee is prohibited
from providing residents the option of purchasing annual or daily permits while at the same time
restricting nonresidents to tile purchase ofannual permits only. Nonresident fishim-, and huntina,
license fees are excluded from these requirements.
D. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability.
shall be excluded from participation in: be denied the proceeds or benefits of; or be otherwise
subjected it.) discrimination in performance of this Agreement.
E. Grantee agrees to comply with tile Americans with Disabilities Act (42 USC § 12 10 1. et seq. 1, where
applicable, which prohibits discrimination by public and private entities on the basis ofdisabilitv in
the areas of employment, public accommodations. transportation, state and local government
services, and in telecommunications,
DFP Agreement No.: LW666. [age 15 of 37
I,AtN M"-1,
F. This Agreement shall be governed by and construed in accordance with tile laws of the State offlorida.
G. Any dispute concerning performance of the Agreement shall be processed as described herein.
Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,
and venue will be in the Second Judicial Circuit. in and for Leon County. Except as otherwise provided
by law, the parties agree to be responsible for theirown attorney fees incurred in connection with disputes
arising tinder the terms of this Agreement.
31. SCRUTENIZEDCOMPANIES.
A. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel
List. Pursuant to Section 287.135. FS., the Department may immediately terminate this Agreement at
its sole option if the Grantee or its subcontractors are Court(] to have submitted a false certification: or if
the Grantee, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of'Israel during the term of the Agreement.
B. Ifthis Agreement is ti)r more than one million dollars. the Grantee certifies that it and its subcontractors
are also not on the Scrutinized Companies with Activities in Sudan. Scrutinized Companies with
Activities in the Iran Petrolcurn 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 nitly,
immediately terminate this Agreement at its sole option if the Grantee, its affiliates, or its subcontractors
are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are
placed on the Scrutinized Companies that Boycott 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 ofthe Agre=ement.
C. The Grantee agrees to observe tile above requirements for applicable subcontracts entered into tot- the
performance of work tinder this Agreement.
D. As provided in Subsection 2187A35(8). FS.. it federal law cease,, to authorize these contracting
prohibitions then tiley shall become inoperative,
32. CONTRACT PROVISIONS AND RECULATIONS.
The Grantee agrees to comply with, and include as appropriate in Subcontracts and subgrants. the provisions
contained in Attachment H, Contract Provisions for DOI-Funded Agreements, attached hereto and made
a part hereof.
33. LOBBYING AND INTEGRITY.
A. 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 29'7.058((,)), F.S- during, the term of any executed agreement between the
Grantee and the State. the Grantee may lobby the executive or legislative branch concerning the scope
of services. performance, term. or compensation regarding that agreement. The Grantee shall coll)PIN
with Sections 11.062 and 216347. F.S.
If this Agreement is for more than �100.000. and if any Funds other than federal appropriated funds have
been paid or will be paid to any person for influencting, or attempting to influence all officer or employee
of any agency. a Member ofCongress. an officer or employee of Congress, or an employee of Member
of Congress in connection ivith this, federal contract, grant, loan. orCooperali%Tc agreement, the Grantee
ir(]
shall complete asubmit Attachment 1, Disclosure of Lobbying Activities. in accordance with the
instructions. If this Agreement is for less than $100.000, this Attachment shall not be required and .hall
be intentionally excluded from this Agreement.
34. RECORD KEEPING.
A. 'Tile 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
DEP Agreement No.: LW666. Page 16 ot'37
such records for audit purposes during time term ofthis Agreement and for five (5) years follo%ting the
completion date or termination of the A.ureenient. In the event that any work is subcontracted. the
Grantee shall similarly require each subcontractor to maintain and allow access to such records for, audit
1)(11-POSCS. Upon request of the Department's Inspector General. or other authorized State official. the
Grantee shall provide any type of information the inspector General deems relevant to the Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's
business or financial records, documents, or files of any type or form that refer to or relate to the
Agreement. The Grantee shall retain such records for the longer of: (I) 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: htlp: �m hNg% - alcht" C, d,
B. Records for real property acquired with federal funds ,;hall be retained far five (5) years following final
disposition. -Final disposition- of real property means that the property has been approved for
conversion. So long as the L.W('F retains any interest in the property all records regarding that property
must be retained.
35. 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, revie\k, or hearing. J lie Grantee will
comply with this duty and ensure that its Subcontracts issued under this Agreement. if any, impose this
requirement, in writing, on its sub -grantees.
13. Phvsical Access and Inspection. Department personnel shall be given access to and may observe and
inspect work being performed Linder this Agreement. with reasonable notice and during normal business
hours, including by any of the follokk ing methods:
i. Grantee shall provide access to any location or facility on which Grantec is performing work,
or storint, 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. (irantee shall allow and facilitate sampling and monitoring of any substances, .1;0ilS, 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 G, Special Audit Requirements. F ach amendment that authorizes a funding increase or
decrease shall include art updated copy of Exhibit 1, it) Attachment G. If the Department fails to provide
an updated copy of Exhibit I to include in each amendment that authorizes a funding increase or
decrease, the (irantee 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 G. Exhibit I and
cletenninc whether the terms of Federal and"Or Florida Single Audit Act Requirements ina) further apply
to lower tier transactions that may be a result of this Agreement. For federal financial assistance. the
Grantee shall utilize the guidance provided Linder 2 CFR § 200.330 for determining whether the
relationship represents that of a subrecipient or vendor, For State financial assistance, the Grantee shall
utilize the form entitled "Checklist for Nonstate Organizations Recipient.'Subrecipient vs Vendor
Determination- (form number DFS -A2 -NS) that can be found under the -Links+ornis" section
appearing at the following website: k t,tti . ailps.flidf- _om ki.".
1). Proofol"Fransactions. ]it addition to documentation provided to support cost reimbursement as described
herein. the Department may periodically request additional proof of a transaction to evaluate the
appropriateness of' costs to the Agreement pursuant to State and Federal guidelines (includinL, cost
Z� -
allocation -uidelines), The Department may also request a cost allocation plan in support of its -
multipliers (overhead, indirect, general administrative costs. and fringe benefits). The Grantee must
provide the additional proof' within thirty (30) calendar days of'such request,
DEP Agreement No,: LW666. Page 17 o1*37
36. CONFLICT OF INTEREST.
Pursuant to 2 CFR § 200.112. the Grantee covenants that it presently has no interest and shall not acquire
any interest that ",cold conflict in any manner or degree with the performance of services required.
37. INDEPENDENT CONTRACTOR.
The Grantee is all independent contractor and is not an employee or agent of the Department.
38. SUBCONTRACTING.
A. The Grantee may subcontract work tinder this Agreement Without the prior Written Consent of the
Department's Grant Manager. except for certain fixed-price subcontracts pursuant to paragraph I I.C. of
this Agreement, which require prior approval. The Grantee shall provide a copy of the executed
subcontract to the Department upon request front the Department. Regardless of any subcontract, the
Grantee is ultimately responsible for all work to he performed under this Agreement.
13. 'I lie Department may, for cause, require the replacement of any Grantee employee. subcontractor, or
agent. For cause. includes, but is not limited to. technical or training qualifications, quality of work.
change in security status, or non-compliance with air applicable Department policy or other requirement.
C, The Department may. flor cause, deny access to the Department's secure information or any facility by
any Grantee employee, subcontractor. or agent.
D. The Department's actions tinder paragraphs 38.13. or 38.C. shall nor relieve the Grantee of its obligation
to perform all Nvork in compliance with the Agreement. The Grantee shall be responsible for the payment
ofall monies due tinder any subcontract. The Department shall not be liable to any subcontractor t"or any
expenses or liabilities incurred under any Subcontract and the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under any subcontract.
E. The Department will not deny the Grantee's employees. subcontractors, or agents access to meetings
within the Department's facilities. unless the basis of the Department's denial is satety or security
considerations.
I The Department supports diversity in its procurement program and requests that all subcontracting
opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts
should reflect the full diversity of the citizens of the State of Florida. A list of minority-owned firms
that could be offered subcontracting opportunities may be obtained by contacting the Office of'Supplier
Diversity at (850) 497-0915.
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 ofa subcontractor at any tier, and if the cause oCtlie default is completely beyond
the control or both the Grantee and the subcontractor(s), and Without the fault or negligence ref either,
unless tire subcontracted products or services were obtainable from other sources in sufficient time for
the Grantee to meet the require(] delivery schedule.
39. GUARANTEE OF PARENT COMPANY:
If the Grantee is a subsidiary of anothercorporation or other business entity, the Grainceasseris that its parent
company will guarantee all of the obligations of the Grantee for purposes of fulfilling the obligations of the
agreement. In tile event the Grantee is sold during the period the Agreement is in effect. the. Grantee agrees
that it will be a requirement of sale that the new parent company guarantee all of the obligations of the
Grantee.
40. SURVIVAL:
"The respective obligations of the parties, which by then, 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
Agreemeni.
DEP Agreement No.: LNV666. Page 18 of 37
M(l F%P4,
41. THIRD PARTIES:
The Department shall not be declined to assume any liability for the acts, failures to act or negligence of the
Grantee, its agents, servants. and employees. nor shall the Grantee disclaim its own negligence to the
Department or any third party. 'I'llis Agreement does not and is, not intended to confer any rights or remedies
upon any person other than the pat -ties. If the Department consents (o it subcontract, the Grantee will
specifically disclose that this Agreement does not create any third -party rights. Further, no third parties shall
rely upon any of the rights and obligations created under this Agreement.
t�l z
42. SEVERABILITY:
If a court Of Competent jurisdiction deers 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.
43. GRANTEE'S EM PLOYELS, SUBCONTRACTORS AND AGENTS:
All Grantee employees, subcontractors, or agents performing work under the Agreement ,hall be property
trained technicians who meet or exceed any specified training qualifications. Upon request. Grantee shall
furnish a copy of technical certification or other proof of'qualification. All employees, subcontractors, or
agents performing work under the Agreement must comply with all security and administrative requirements
of the Department and shall comply with all controlling laws and regulations relevant to the services they are
providing under the Agreement.
44. ASSIGNMENT:
The Grantee ,hall not sel I. assign, or transfer any of its rights. duties, or obligations under the Agreement. or
Linder any purchase order issued pursuant to the Agreement, without the prior written consent of the
Department. In the event ofarry assignment, the Grantee remains secondarily liable for performance ofthe
Agreement. unless the Department expressly waives such secondary liability. The Department may assign
the Agreement with prior written notice to the Grantee of its intent to do so.
45. PROHIBITED LOCAL GOVERNiNIEN7' CONSTRLdC'I'ION PREFERENCES.-
A. Pursuant to Section 255.0991, F.S_ for a competitive solicitation for construction services in which 50
Percent (50` ,) or more of -the cost will be paid from state -appropriated funds that have been
appropriated at the till)c ofthe competitive solicitation. a state college, county, municipality. school
district, or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
i. The contractor*- maintaining an office or place of'business within a particular local
,jurisdiction:
ii. 'Fire contractor's hiring employees or Subcontractors firoin within ;I particular local
jurisdiction: or
iii. The contractor's prior payment of local taxes, assessments. or duties within a particular local
jurisdiction.
1.3. I -or any competitive solicitation that ilrects the Criteria of this section, a State college. Couln\%
municipality. school district, or other political subdivision of the state shall disclose in the solicitation
document that any applicable local ordinance or regulation does not include any preference that is
prohibited by this section.
46. PROHIBITED GOVERNMENTAL ACTIONS FOR PUBLIC MVORKS PROJECTS:
Pursuant to Section 255.0992. F.S., state ail(] political subdivisions that contract for public works projects arc
prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers
and prohibited from restricting qualified bidders from submitting bids.
A. **Political subdivision— means separate agency or unit of local government created or established by la%\
or ordinance and the officers thereof. The term include,,,, but is not limited to, it count),. a city, to\,vii, or
other municipality: or a department, commission. authority. school district, taxint, district, water
management district, board, public corporation, institution of higher education, or other public agency
or body thereof authorized to expend public funds for construction_ maintenance. repair or Improvement
(if public works.
DEP Agreement No.: 1W666. Page 19 of 3?
iw1`r 11111,11_
B. "Public works project" means an activity of which fifty percent (5Vo) or more of the cost will be paid
from state -appropriated funds that were appropriated at the time ofthecompetitive solicitation and which
consists of construction, maintenance, repair, renovation, remodeling or improvement of a building.
road. street, sewer, storm drain, water system, site development. irrigation system. reclamation project,
gas or electrical distribution system, gas or electrical substation, or other facility, project, or portion
thereof that is owned in whole or in part by any polilicai subdivision.
C. Except as required by federal or state law, the state or political subdivision that contracts for a public
works project may not require that a contractor, subcontractor or material supplier or carrier engaged in
such project:
i. Pay employees a predetermined amount ofwages or prescribe any wage fate;
ii. Provide employees a specified type, amount, or rate of employee benefits:
iii. Control, limit, or expand staffing: or
i\. Recruit, train, or hire employees front designated, restricted, or single source.
19. For any competitive solicitation that meets the criteria of this section, the state or political subdivision
that contracts for a public works prqJ1ect may not prohibit any contractor, subcontractor, or material
supplier or carrier able to perfonn such work who is qualified. licensed, or certified as required by state
law to perform such work- from submitting a bid on the public "orks project, except for those vendors
listed under Section 287.133 and Section 287.134, F.S.
L Contracts executed under Chapter 337, F.S. are exempt from these prohibition,;.
47. EQUIPMENT:
Reimbursement For direct or indirect equipment purchases is not authorized under the terms and conditions
of this Agreement.
48. QUALITY ASSURANCE REQUIREMENTS:
']'here are no special Ouality Assurance requirements Under this Agicerricni.
49. PUBLIC RECORDS REQUIREMENTS:
A. If this Agreement exceeds $35,000,00, and if the Grantee is acting on behalf of the Department in its
performance of service under this Agreement. the Grantee must allow public access to all documents.
papers. letters, or other material, regardless of the physical fibrin, characteristics, or means of
transmission, made or received by the Grantee in conjunction with this Agreement (Public Records),
unless the Public Records are exempt 1'rorn Section 24(a) Of Article I of the Florida Constitution or
Section 119.07(1 ), F.S.
B. f1h, Department may unilaterally terminate this ;Agreement if the Grantee refuses to allow public access
to Public Records is required by law.
C. Additional Public Records Duties ot'Section 1 19.0701. F.S_ If Applicable,.
For the purposes of this paragraph, the term "contract'* means the **Agreement." If the Grantee is a
..cornractL.)C* as defined in section 1 19.070 10 )(a), F.S.. the lollowing, provisions apply:
i. Keep and maintain Public Records required by the Department to perforin the scrN ice.
ii. Upon request, provide the Department with a copy of'requested Public Records or allow the
Public Records to be inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in Chapter 119. F.S., or as otherwise provided by law.
iii. A contractor who fails to provide the Public Records to the Department within it reasonable
time may be subject to penalties under section 119.10. F.S.
i\. Ensure that Public Records that are exempt Or confidential and exempt front Public Records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following, completion of the contract if the contractor does not transfer the
Public Records to the Department.
V, Upon completion of the contract, transfer, at no cost, to the Department all Public Records in
possession of the contractor or keep and maintain Public Records required by the Department
to perform the set -vice. If the contractor transfers all Public Records to the Department upon
DEP Agreement No.: 1AV666, Page 20 ot'37
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 fior retaining Public Records. All Public Records stored
electronically must be provided to the Department, upon request from the Departments
custodian of Public Records, in a format specified by the Department as compatible with the
information technology systems of the Department.'rhese formatting requirements are satisfied
by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or
Excel, and any sollware formats the contractor is authorized to access.
vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THEAPPLICATION OF CHAPTER 119, F.S., TO THE
CONTRACTOR'SDUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THE CONTRACT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email:
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, NIS 49
Tallahassee, Florida 32399
50. EXECUTION IN COUNTERPARTS AND AUTHORITY TO SIGN:
This Agreement. and any Amendments or Change Orders related to the Agreement. may he executed in
counterparts, cacti of which shall be an original and all of which 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 lvritten 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.
REMAINDER OF PACE INTENTIONALLY LEFT BLANK
DEP Agreement No,: LW666, Page 21 ot'37
1�f INIflP
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly CXCCLIted, the day and year
last written below.
CITY OF SANFORD
Signature of Person Author'i o ign
Title -
Print Name and Title
1�y 0
Date:
U
Attest:
By:
FEID No.: 59-3012347
STATE OF FLORIDA DEPARTMENTOI,
ENVIRONMENTAL PROTECTION
IZ;d
By:
Sccrcta�r esi�lee
Print Name and Title
Ile
Date:. c,
/21
For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement of- other document authorizing that person to sign this Agreement oil behalf of the Grantee
must accompany this Agreement.
List of attachments/exhibits - included aspart .of this Agreement:
Specify Type Letter Numbef-Description (include number of pages)
Attachment A Project Work Plan (3 Pages)
Attachment B Commencement Documentation Checklist - DRi' -122
httys://floridadel2.Rov/000/land-recrcatioti-E,raiits/fornis/Iwef-conifilelicefilent-
documentation-checki ist
Attachment C Payment Request Summary Fomi -. DRP -115
httILs://floridadcp_xoy/oo9/ Laqd-recreation
Attachment D Contract Payment Requirements
hMs:Hflot'idadep..i,ov/000/land-aiid-recre.,Ition-,-,rant�s/fornis/colitract-p i1ent-
requirements gov/000/land-and-recreation-.;rants/forms/contract-pa
L Project Status Report Form - DRP -109
littp.s://flot-idadep-govl000/laiid-and-recreation-grcints/fornis/proiect-status -reL)oii
Attachment F Project Completion Certification- DRP -126
littps// loradef, ig
ov/000/la n d -re creat ion- gran ts/form s/l wc f-project-complet i(l
certification
Attachment G Special Audit Requirements (5 Pages)
Attachment 1-1 Contract Provisions for DOI-Funded Agreements (5 Pages)
Attachment I Disclosure of Lobbying Activities (2 Pages)
DEP Agreement No.: LW666, Page 22 of 37
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ATTACHMENTIG
SPECIAL AUDIT REQUIREAIE N'rs
The administration of resources awarded by the Department of rivironmental Protection (which mar he re(rrrred to
as the "De/rartment" "DEP" "F -DEP" or "Grantor" or oilier name in tlrc tit) to the recipient (Which
Harr he vc/eovil to its the "Contractor" Grunwe" or other runic in the contrucPagrecnrcrrt) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised. 2 CFR Part 200,
Subpart F. and Section 215,97, F.S., as revised (see -M.11,ATS" bel(iw), monitoring procedure,. may include, but not
be firnited to, ort -site visits by Department staff, limited scope audits as defined by OMB Circular A-133. as revised.
and 2 CFR Part 200, Subpart F. an&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 detettmines that a limited scope
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections. reviews. investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-1'33, as revised (for fiscal year start dates prior to December 24. 2014), or as defined in 2 CFR §200.330
(for fiscal year start dates after December 26, 2014).
In the event that the recipient expends $500.000 ($750.000 firr fiscal year start dates after December 26.
2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised. and 2 CTR Part 200,
Subpart F. EXHIBIT I to this Attachment indicates Federal funds a+carded 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 ofarn unts of Federal awards expended should
be in accordance with the ouidelines established by OM13 Circular A-133. as ret°ised, and 2 CTR Part 200.
Subpart F. An audit of the recipient conducted by the .Auditor General in accordance with the provisions of
OMB Circular A-133. as revised, and 2 CFR Part 200. Subpart F. will meet the requirements of this part.
In connection with the audit requirements addressed in Part 1. paragraph 1. the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C: ofOMB Circular A-133. as revised.
and 2 CFR Part 200, Subpart F.
3. If the recipient expends less than :S>0C).000 (or $750,000, as applicable) in Federal aeNards in its fiscal year.
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part
200, Subpart F. is not required. In the event that the recipient expends less than 6500,000 (or $750,000, as
applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular .A-133, as revised. and 2 CFR Part 200, subpart F the cost of the audit must tare
paid from non -Federal resources (i.e.. the cost ofsuch an audit must be paid from recipient resources obtained
from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic. Assistance (CFDA) via the
internet at .5 5tnomf;ct
DEP Agreement No.: LW666. Attachment G. Page tri of'37
,svr�r r'•rtr;.r'
PART H: STATE FUNDED
This part is applicable ifthe recipient is a nonstate entity as defined by Section 2) 5.97(2)(n). Florida Statute.,.
In the event that the recipient expends a total aulOUDt Of SiatC financial assistance equal to or in excess of
x+750,000 in any fiscal year of such recipient. the recipient must have it State single or project-speci tic audit
for such fiscal year in accordance with Section 2115.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state financial assistance expended in its fiscal year. the recipient shall consider all sources of state
financial assistance. including, state financial assistance received from the Department of Environmental
Protection. other state agencies, and other nonstate entities. State financial assistance does not include
f=ederal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part 11. paragraph I; the recipient shall ensure that the
audit complies with the requirements o;'Section 215.97(7). Florida Statutes, This includes submission of a
financial reporting package as defined by Section 2 15.9?(2). Florida Statutes. and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General.
3. If the recipient expends less than S-1,50.000 in state financial assistance in its- fiscal year, all 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 5750,000 in state financial assistance in its fiscal year, kill(] elects to have all 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 all audit must be paid front the recipient's
resources obtained from other than State entities),
4. For information regarding the Florida Catalog, ofstate Financial Assistance tCSFA). a recipient should access
the Florida Single Audit Act website located at Esti: L,�
for assistance. In addition to the
above kkebsites, the fbilo),ving websites may be accessed for information: Legislature's Website at
b1, cicotie lmldoCim,. State of Florida's website at
Department ofFinancial Ser%,ices'Website zitti�l',�
hi
PART III- OTHER AumT REQUIREMENTS
1AME, This pai-i would h,, ils"'d to sjwc, 4v ajil' (141ditional amlit reqUil-Clil"llfry irnpersGrd 1)1' the S[attt f1ti'(11%ling cillitv
that mv,solch a matter ol Mal S1,11c 411varkling eillif Cs polies fi-r., the miclit is nut ivquiretl by helcrtil or.14aw hilrs
mid is not to t onflict with talict Polelv/ orstilte, oildit requircmenm). I'tirsittint to Se, tion 215. w v(b'), 1-7oi-iduS7atilles.
State agencies cs litaY (1011duct "Ir ell-raligc/or audits of sIale"I'lluncial Cl."istanct: therm are' in ildditioll to Undiis colidlicit,41
in accordance with Section 215 97. 1-7.1oi-ida Siamies. In mach (tit event, the, Statc anvariling algellel, 111114 arrunge /ol*
hindim, the tiX co.sl ofstich additional umlits.)
PART IV: REPORT SUMMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised. and
2 CFR Part 200. Subpart F and required by PART I of this Attachment shall be submitted, when required by
Section .320 (d). OMB Circular A-133, as revised. and 2 CFR Part 200. Subpart F. by or on behalf of the
recipient directly to each of the following:
DEP Agreement No.: LW666, Attachment G. Page 27 of 37
MCI IY1,1,
Rn 1 "0 �
A. The Department of Em ironmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department ot'Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, I'lorida 32390-3000
Electronically:
I DH'Siiwic A idit it !I, uN
The Federal Audit Clearinghouse designated in OM13 Circular A-133. as revised. and 2 CFR
4200.501(a) (the number of copies required by Sections .320 (d)( I ) and (2), ONIB Circular A-133,
as revised. and 2 CFR � 2W50 1 (a) should be submitted to the Federal Audit Clearinghouse), at the
1*61lowing address:
Federal Audit Clearinl!110USC
Bureau oCthe Census
1201 East 10th Street
Jeffersonville. IN 471.32
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 E'ntrN System which call
be found at i rp facvch
Other Fedcral agencies and pass-through entities in accordance with Sections .320 (c) and (f).
O%,IB Circular A-133. as revised. and 2 (TR §200.512.
2. Pursuant to Section .320(f). OMB Circular A-133, as re%ised. an(! 2 CI R Part 200, Subpart F. the recipient
shall submit a copy of'the reporting package described in Section .320(c), OMB Circular A-133. as revised.
and 2 CFR Pan -"Of). Subpart F, and any management letters issued by the auditor. to the Department of
Environmental Protection at one the following addresses:
By Mai I:
Audit Director
Florida Department itf Environmental Protection
Office of the Inspector General, NIS'40
3900 Commonwealth Boulevard
Taliahassec. Florida 12399-3000
Electronically:
3. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by of on
behalf ofthe recipient directly to each of the following:
The Department ofEnvironinctital Protection at one of the following addresses:
By lklai I:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General. MS 40
3900 Commonwealth Boulevard
Fallahassee. Florida 32399-3000
DEP Agreement No.: 1..13'666. Attachment G. Page 28 of 3' ,
Electronically:
I�I)E P'tiri,c,{�:riti<l,r! a.ci x> �?;ftc,._Sl.0
B. 'Che Auditor General's Office at the following, address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I I 1 Nest Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted byor
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 llnvironmental Protection
Office of the Inspector General. NIS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
HA I;t up > itc..€i_!t,'
5. Any reports. management letters, or other inf(rrmation required to he Submitted to the Department of
Environmental Protection pursuant to this Agreement Shall be suhtnitted timely= in accordance with ON413
Circular A-133. as revised, and 2 CFR Part 200. Subpart F. Florida Statutes. or Chapters 10.550 (local
governmental entities) or 10.650 (nonprolit and t'or-profit organizations), Rules of the Auditor General, as
applicable.
Recipients, a hen Submitting financial reporting packages to the Department of Emironmental Protection fbi-
audits done in accordance with OMB Circular A-133, as revised and 2 C'FR Part 200. Subpart F. or C'haptcrs
10.550 (local governrental entities) or 10-650 (nonprofit and for-profit organizations), Rules of the Auditor
General. should indicate the date that the repotting package was delivered to the recipient in correspondence
accompanying the reporting package.
PARI' V: RECORD RE'TENT'ION
The recipient Shall retain sufficient records demonstrating its compliance with the ternns of this Agreement for it period
of 5 years from the (late the audit report is issued. and shall allow the Department of I3nviromnental Protection. or its
designee. Chief Financial Officer. or Auditor General access to Such records upon request. `Che recipient shall ensure
that audit working papers are made available to the Department of Environmental Protection, or its designee. Chief
Financial Officer, or ,Auditoi General upon request for a period of 3 years from the date the audit report is issued.
unless extended in c+riting by the Deparlrnent of Environmental Protection.
REMAINDER OF PACrF IN41WHONA11Y LEFT BLANK
DFP Agi c einem No.: 1AV666. Attachment G. Page 29 of 37
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ATTACHMENT H
Contract Provisions for DOI-Funded Agreements
-file F)cPartment. as a Non-l"coleral L'.ntity 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 tile 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 ancillor 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 Fruity and I fie subrec ipientx shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
I Administrative, Contractual, and Legal Remedies
The following provision is required if the Agreement is for more than S 150.000. In addition to any of the remedies
described in the elsewhere in the Agreement, it' the Recipient materially fails to comply with the terms and
conditions ofthis Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract,
the Nan -Federal Entity may take one or more of the following actions,
i. Temporarily withhold payments pending correction of the deficiency by the Recipient.
ii. Disallotik (that is, deny both use of fluids and any applicable matching credit 1`60 all or part of the cost
of the activity or action not in compliance.
iii. Wholly or partly suspend or terminate this Contract.
i%, 'Fake 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 whale or pan, ot'the
funds provided to the Recipient tor nonconiplijincc with the terms of this Agreement
2. Termination for Cause and Conxenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Equal Opportunity Clause
The following provision applies ifthe agreement meets the definition of" federally assisted construction contract"
as defined by 41 ('FR Part 6p-13:
During the performance of this Agreement. the Recipient agrees as follows:
j. The Recipient will not discriminate against any employee or applicant for employment because of race.
color, relition, sex, sexual orientation, gender identity. or national origin. The Recipient will take
affirmative action to CTISUre 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: rate, of pay or other Forms of compensation: and selection for training. includine
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
noridi.,;critninaiiotic]aLise.
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 fir employment without regard to
race, color. religion, sex, sexual orientation, gender identify. or national origin.
iii. "I'lic Recipient will not discharge or in any other inamicr discrinnnateagainst any
employee orapplicant
for employment because such employee or applicant has inquired 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 all 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 cillpioyces of 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 all investigation conducted by tile employer, or
DEP Agreement No.: LW666. Attachment 1-1, Mage 31 ot'37
is consistent with the Recipient's legal duty to furnish information,
ivThe 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
tt
labor union or workers' representatives of tile Recipient's commitments under this section. and ,-.hall post
copies of the notice in conspicuous places available to employees and applicants for employment.
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.
i. 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 accountsby the administering atycricv 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 tile 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 contract, 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.
iii. The Recipient will include the portion of the sentence immediately preceding paragraph H ) and the
provisions of paragraphs (I ) through (8) in everv, subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary ofLaborissued 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 proViSiOuS, including sanctions for noncompliance.
4. Davis Bacon Act,
Ifthe Agreement is a prime construction contract in excess of 52.000 awarded by the Recipient, and if required
by the Federal Legislation, the Recipient IIILISt comply with the Davis -Bacon Act (40 U.S.C. 3141- 3144. and
3146-3148) as supplemented by Department ofLaborregulations (29 (T"R Part 5. "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and %ssisled Corlslruction'). fit accordance with the statute,
contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in it
wage determination made by the Secretary of Labor. In addition, contractors must pay waves 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 ot'Labor regulations (29 CFR Part 3. -Contractors and Subcontractors on Public Buildint, or Public
W'ork Financed in Whole or in Part by Loans or Grants front 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 gIVC LIP any Part ofthe compensation to which he or she is
otherwise entitled.
i. Contract Work Hours and Safetv Standards Act
Where applicable. if the Agreement is in excess (if 5100,000 and iII%rol%,CS the eillploN,Ineilt of mechanics or
lahorers, the Recipient Must comply with 40 U.S.0 3702 and 3704, as supplemented by Department (if Labor
regulations (29 CFR Part 5). Under 40 t !.SX', 3702 of the Act. each Recipient must be required to compute the
wages of every mechanic and taborer 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 less than one and a
half times the basic rate of pay for all hour,,; worked in excess ot'40 hours in the work week. The reqUirCITICT"ItS 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, liazardi-XIS or dangerous. These
requirements do not apply to the purchases ol'supplies or materials or articles ordinarily available Oil the Open
market, or contracts for transportation or transmission of intelligence.
6. Rights to inventions Made UnderAgreement
If the Federal award meets the definition of **funding agreement- under 117 CFR 4401.2 (it) 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 '-fitulding agreement.- the Non -Federal Entity or subrecipient must comply with the requirements ol'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.
DE11 Agreement No.: LW666. Attachment 1-1. Page 32 ol'37
1;4, IV;
7. Clean Air Act (42-L.I..5...(...'...".401-7671ci.) ail(] the Federal Water- Pollution Control Act (33 U.S.C. 1251-1387)
If tile Agreement is in excess of $150,000. the Recipient shall comply with all applicable standards. orders or
regulations issued Pursuant to tile 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).
S. Debarment and SLISI)enSi011 (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.
uspellSion.-
9. Byrd Anti-LobhyinL, Amendment (31 U.S.01352)
The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or
organization 1"or influencing 04 atternpling, to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of member ot"Congress in connection with obtaining
any Federal contract, grantor any other award covered by 31 U.S.C% 1352. The Recipient shall also disclose any
lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.
10. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Nct, as amended by the Resource
Conservation and Recovery Act as described in 2 CFR part 200.322.
ADMINISTRATIVE
IL General Federal Regulations
Recipients shall comply with the regulations listed in' CFR 200, 48 CFR 3 1 . and 40 U.S.C. 1101 c1seqn,31CC,
12. RiOrts to Parents and Inventions Made Under a Contract orAgreernent
Rights to inventions made under this assistance agreement are Subject to i'edcral patent and licensing regulations.
which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212.
13. Compliance with the Trafficking Victims Protection Act of 2000 (2 - CFR Ila - rt " 1.75) Recipient.,;, their employces,
award, under this aard, and subrecipients'employces may not:
i. Engage in severe forms of trafficking in persons during the period of tints 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 theilovard.
14. 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). it'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 510.000 or more.
15. Water Resources Reform and Development Act (\N"RRDA) P.L. 113- 121
Recipients must comply with the Water Rc-,sources Reform and Development Act (WRRDA) P.L. 113-121, it'
applicable. This ,let provides for improvements to the rivers and harbors of the United State . to provide for the
conservation and development of water and related resources-.
16Whistleblower 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 1.20 f 3 and effective December
14. 2016 has been permanently extended (Public Law" (P.L.) 1 14-26 1).
(a) ]'his award, related SUbaovards, and related contracts over tile simplified acquisition threshold and all
employees working on this akorard. 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. 1 12-239),
(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 langua-c of
the workforce, of the employee whistleblower rights and protections tinder 41 U.S.C. 4712.
(c) The Recipient shall insert this clause. including this paragraph (c), in all subawards and in contractsover
the simplified acquisition threshold related to this award; best efforts should be made to include this
clause. including this paragraph (c) in any subawards and contracts awarded prior to the effective date
of this provision.
DEP Agreement No.: I.N4'666. Attachment I L Page 33 of'37
17. Notification ofTermination(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 perfbiniance (file to the Recipient's or subcontractor's material failure to comply with Federal statutes,
regulations or the teens and conditions ofthis Agreement or the Federal anti aid.. the termination shall be reported to
the Office of Management and Budget (ON111)-designated integrity and performance systein. accessible through
System for Award Management (SAN -4) currently the Federal Awardee Performance and Integrity Information
Systern (FAPIIS). The Non -Federal Entity will notify the Recipient ofthe termination and the Federal requirement
to report file tennination in FAPIIS. See 2 CFR § 200.340 for the requirements ofthe notice and the Recipient's
rights upon termination and lollowing, termination.
18. Additional Lobbvin,-, Requirenlents
(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 tinder existing law.
N The Lobbying Disclosure Act of 1995, as amended (2 U.S.(', �l 001 ci vcq.), prohibits any organization
described in Section 501(c)(4) ofthe Internal Revenue Code, from receiving federal funds through all
award. grant (and!or suburant) 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 in award, grant (and/or
subgrant), or loan. This restriction docs not apply to loans made pursuant to approved revoking loan
programs or to contracts awarded using proper procurement procedures,
(c) Pursuant to 2 CFR §200.450 and 2 CFR §200.454(c). the Recipientislicreb\ prohibited from using funds
provided by this Agreement for membership due,,, to any entity or organization engaged in lobbying
activities.
COMPLIANCE WITH ASSURANCES
19. Assurances
Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to the
Federal Government during the (jr-ant application process.
DEPAR'T'MENT OF INTERIOR -SPECIFIC
20. Department of Interior (M) General *reriiis and Conditions
Recipients shall comply with DOI General Terms and Conditions available at
hnn': and incorporated by reference,
21. DOI Regulations
Recipients,sliall comply with the follokking regulations: 2 CFR 1400-1402.41 CFR 9.43 (TR 17. ', 43 (T*R
18. 43 CFR 41. and 43 CFR 44.
22. Drug -Free Workplace
Recipients Must make all ongoing. good faith effort to maintain a diug-free workplace pursuant to the specific
requirements set forth in Jule 2 CFR Part 1401—AdditionallN. in accordance with these regulations. the recipients
Must identify all known workplaces under its federal mards, and keep this intbrination on file during the
performance Of the award.
2.1. Titles 11 and III ofthe Uniform Relocation Assistance and Real Property Acquisition Policies Act As applicable.
Recipient shall comply with the requirements ofthe Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment ofpcisons displaced or whose
property is, acquired as a result of Federal or federally assisted prograrns.1 hese requirements apply to all interests
in real properly acquired for project purposes regardless of ederal participation in purchases.
24. Deposit of Publications Produced underGrants
Pursuant to Departmental Manual 505 DM4 (DOI) and Service Manual FWI (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 (it' 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
tinder Grants at: lmjj
UNITED STATES FISH & WILDLIFE SERVICE -SPECIFIC
25. 1JSF\N`S Financial Assistance Award Terms andConditions
DEP Agreement No.: LNV666. Attachment 1-1, Page 34 ot'37
Recipients shall comply with the USFWS Financial Assistance Award'Ferinsand Conditions applicable to the specific
Federal Award funding source. available at I k�.vo, i�,t&q,atcjmnl. and incorporated by rcf�.rence.
T,
NATIONAL PARKS SERVICE LAND AND WATER CONSERVATION FUND STATE
ASSISTANCE PROGRAM -SPECIFIC
26. Land and Water Conservation Fund (I,WCF)Project Agreement General Provisions Recipients shall comply with
the LWCF Project Agreement General Provisions available at i�.,
and incorporated by reference.
27. I-WCF Federal Financial Assistance Manual
As applicable, Recipients shall comply with the LWCF.1-ederal Financial Assistance Manual Effective October
Y cf'vuh htmand incorporated by reference.
1. 2008. or later. available at hit
28. Historic Preservation.
As applicable. Recipients shall comply with Section 106 of the National Historic Prescr%ation Act of 1966, as
amended (10 U.S.C. 470). F.O. 11593 (identification and protection of historic properties), and the
Archacolovical and Historic Preservation Act ot'1974 (16 U.S.C. 469a-1 er seq.).
REMAINDER OF PAGE INTENI IONALLY LEFT BLANK
DEP Agreement No.: L.W666. Attachment H. Page 35 ot'37
Approved by OMB 0348-0046
Attachment I
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this lonn to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
a. bid/off1cr,'application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
Year quarter
e, loan guarantee
date of lam report
f, loan insurance
4. Name and Address of Reporting Entit% -
5. If Reporting Entity in No. 4 is a Subawardee. Enter Name and
Prime Suba"ardet
Address of Prime:
Tier if'knim-n:
Congressional District, if known 4C
Congressional District, it -known
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, it applicahlc:
8. Federal Action Number, it known -
9. Award Amount, iI known
S
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including uddress if'
i(indil'idiful. hist name" fil'St
Xljel-enr Irmn X(,. 1011 1 (11I.S1
Planw, firi, name, All
Priffl Name:
q.i n a I, j—d bs sc t ;1,, — 1 1
T, I
Telephone No.: Date:
Federal Use OnlN:
Authorized for 1,,c
Standard hmin LL
DEP At-,rccnient No,: l,"'666. Attachment 1. Page 35 ol'37
Approved by OMB 0348-0046
INSTRUCTIONS FOR COMPLETION OF SF -1,1,1,, DISCLOSURE 01; LOBBYING ACTIVITIES
This disclosure forill shall be completed by the reportingentity. Whether SUbawardecor prime Federal recipient. at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U&C.
section 1352. The filing of a form is required for each payment Or agreement to make payment to any lobbying entity
for influencing or attempting to influence an officer or employee of any agency. a I'vieniber of Congress, an officer or
employee of Congress. or an employee of a Memberof Congress in connection with a covered Federal action. Complete
all items.- that apply for both the initial filing and material change report. Refer to the implementing guidance published
by the Office ofNianauenient and Budget Im- additional information.
I . identify the type of covered Federal action for which lobbying activity is andlor has been secured to influence the
outcome of covered Federal action.
2. identify the status ofthe covered Federal action.
-1. Identify the appropriate classification of this report. If this is a follovk, up report caused by a material change to the
information previously reported, enter the yearand quarter in which the change occurred. Enter the date ofthe last
previouslysubmitted report by this reporting entity for this covered Federal action.
4. Lnterthe full name. address, city. Stateand zip codeof tile reportingentity, Include Congressional District. it'kno\% it.
Check the appropriate classification of the reporting entity that designates it' it is, or expects to be, a prime or
subaward recipient. Identify the tier of the subawardee, e,,-.. the first subawardee Of the prime is the I st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
i. 11 -the organization filing the report in item 4 checks "Subawardec." then enter tile full name, address. city, State
and zip code ofthe prime Federal recipient. Include Congressional District, if known.
6. Enterthe naineof the Federalagency making theaward or loan commitment. Include at least oneorganizational level
ljelovtir a,,cjlcy name, if known. For example. Department off ransportation. United States Coast Guard.
7. Filter the Federal program name or description for the covered Federal action (item 1). It' known, enter the full
Catalou, of Federal Domestic Assistance (CFDA) number for -rants, cooperative agreements_ loans, and !call
commitments.
8. Filter the most appropriate Federal identifying number available for the Federal action identified in itern I (e.g..
Request for Proposal (RFP)number: Invitation tor Bid (11-13) number, grant announcement number: the contract.
Qrant, or loan award number, the application/ proposal control number assigned by the Federal agency), Include
prefixes, e.g.. "RFP-DL--9t:)-00l ,"
9. For it covered Federal action \k here there has been ;in award or loan commitment by the Federal agency, enter the
Federal amount ofthe award.1oan commitment for the prime entity identified in item 4 or 5,
10. (a) Enter the full name, address. city'. State and zip code ofthe lobbying registrant under the Lobbying Disclosure
Act of 1995 engaged by the reporting entity identified in iten-, 4 to influence the covered Federal action,
(b) Elmer the full names of the individual(s) performing services. and include full address if different from 10 (a),
Enter Last Name. First Name. and Middle Initial (Nil).
11. The certifying official shall sign and date the lorm, print Its/Iter name. title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Nuiribei. The valid OMB control number for this inic,rination collection is ON413 No. 0348-0046. Public reporting
burden for this collection of information is estimated to average 10 minutes per response. including time for reNioviliu instructions,
searchiju-, existing data sources. gathering and maintaining the data needed. and completing and reviewing the collection of information.
Send comments regarding the burden estimate or any other aspect of this collection of information, including- suggestions for reducing this
DEP Agreement No,: IAN'666. Attachment 1, Page 37 of 377
Floridapopol
,am Mp
Department of Environmental Protection
FEDERAL FUNDING ACCOUNTABILITY AND
gbh Sbl Pt
TRANSPARENCY ACT FORM — Subaward to a Recipient
Required Signatures: ())rightt
PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26. 2006. The
intent of this legislation is to empower every American with the ability to hold the government accountable for each
spending decision. 'rhe FFATA legislation requires information on federal awards (federal assistance and expenditures) be
made available to the public via a single. searchable website. which is lit \%.(ISISP --- -u,�2o%
The FFATA SUbaNvard Reporting System (FSRS) is the reporting tool the Florida Department of Environmental
Protection (-DEP- or -Department-) 111USt use to capture and report SUbaward and executive compensation data regarding
first-tier SUbawards that obligate $25.000 or more in Federal funds (excluding Recovery funds as defined ill Section
15 1 2(a)(2) of the American Recovery and Reinvestment Act ot'2009, Pub. L 111-5).
[Note: This reporting requirement is not applicable for the procurement of property and services obtained by the DEP
through a Vendor relationship. ReI16- to 2 CFR Ch. I Part 170 Appendix A. Section I.c.3 fior the definition 0fSUbaward-.j
ORGANIZATION AND PROJECT INFORIVIATION:
The following information must be provided to the DEP prior to the DEP's issuance of a subaward (Agreement) that obligates
525,000 or more in federal funds as described above. Please provide the following information and return the signed form to
the Department as requested. If you have any questions, please contact the DEP's llrocureniewit..k(imitiisti-,,ttoi-:tt 850/245-2361
for assistance.
DUNS# *: 064796089
DUNS 14:
:1` It'vour company or organization does not have a DUNS 111.1mber. yOU will need to obtain one from Dull &
Bradstreet at 866-705-571 1 Or use the webform The process to request a
DUNS member takes about tell IllillUtes and is free of charge.
BUSINESS NAME: Citv of Sailord
DBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINF.SS ADDRESS
ADDRESS I.INI--,' 1: 300 N Park Ave
ADDRESS LINE 2:
M)DRESS LINE 3:
CITY: Sanford STATE: FL Zlll('ODE; 14**: 32771
PARENT COMPANY DUNS9 (IF APPLICABLE):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA-t1-'):
LJF'-3V 1\1 I' I I k.1 IN V,11- I k U I- I U 4VVU k,r1AK A 4. I LK,-)):
DEP AGREE1V1L�N'I* NO. LW666
STATE OF FLORIDA
DEPARTMENT 01: ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION HJND PROGRAM
ACQUISITION OR DEVELOPMENT OF LAND FOR PUBLIC RECREATION PURPOSES
AGREEMENT FOR FISCAL YEAR 2017-2018
Project Name: Sanford Marina
Grantee Name: City ol'Sanford
I.WCF Protect #LW666
Grant Award Amount:
BGS - DE'P 55-230 (Effective 10-31-3013) Page I of 3
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FORM DEP- 55-230 Continued
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENTTFiAN PRINCIPAL PLACE OF BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY: STATE: ZIPCODE-i4*:
CONGRESSIONAL DISTRICT FOR PRINCIPAL, PLACE OF PROJECTPERFORkIANCE:
7th 32771
**Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
Ill your business or organization's previous fiscal year, did your business or organization (including parent
organization, all branches. and all affiliates worldwide) receive (a) 80 percent or more Of your annual gross
rCVCnL1eS from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans,
grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR
170.320: and. (b) $25,000.000 or more in annual gross revenues from U.S. Federal procurement contracts (and
Subcontracts) and Federal financial assistance (e.g. loans. grants, SUbgrants, and/or cooperative agreements, etc.)
subject to the Transparency Act?
Yes No x
If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question I is "No", move to
the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your business or
organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports
filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78rn(a), 78o(d)) or Section
6104 of the Internal Revenue Code of 1986?
Yes No
If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and
submittal process. (Note: Securities Exchange Commission information should be accessible at
fit t p: IAN, N� w.sce.g'o v/a 11 swers/C.-wco ill 1). fit in. Requests for Internal Revenue Service (IRS) information
should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the
"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms apply as
defined in 2 CFR Ch. I Part 170 Appendix A:
-Executive- is defined as -officers. managing partners. or other employees in management positions**.
,*Total Compensation- is defined as the cash and noncash dollar value earned by the executive during the most
recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for
financial statement reporting purposes with respect to the fiscal year in accordance with the Statement
of Financial Accounting Standards No. 12' ) (Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services Linder non -equity incentive plans. This does not include group life. health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and
are available generally to all salaried employees,
iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension
plans.
V. Above -market earnings on deferred compensation which is not tax -qualified.
BGS - DEP 55-230 (Effective 11-07-2013) Page 2 of 3
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FORM DEP 55-230 Continued
vi. Other compensation. ifthe aggregate value of all such other compensation (e.g. severance,
termination payments. value Of life inS111',111CC paid on behalf of the employee. perquisites or property)
for the executive exceeds $10.000,
TOTAL COMPENSATION ('11ART FOR NIOS'I'RE('EN'I'I,N'CON,IPI,E'I'El) FISCAL YEAR
(Date ol*Fiscal Year ('oilipletioti(iiiiii/dd/y),yy):
Rank
(Highest
to Name
Lowest) (Last. First. MI) Title
Total
Compensation for
Most Recently
Completed Fiscal
Year
3
4
5
TI IE UNDERSIGNED AS (enter position title) Project Manater
OF (enter Business Nanie)_C ity of "S -WRITTEN
a - i " ifoi-d
CERTIFIES THAT ON THE DATE WRITTEN BELOW. THE INFORMATION PROVIDED HEREIN IS ACCURATE.
Type or Print Name: Christopher 0. Smith
Signature,Title and Date:
BGS - DEP 55-230 (.-'Ilective 1 1 -07-2013) Page 3 oJ'3
AMENDMENT NO, I
TO AGREEMENT NO. 1AN'666
13ETWEEN
FLORIDA DEPARTMENTOF ENVIRONMENTAL PROTECTION
AND
CITY OF SANFORD
This Amendment to Agreement No. LW666 (Agreement) is made by and hetween tlse I7epartsnent
of Environmental Protection (Department). an agency of" the State of Florida, and City of Sanlbrd. 300
North Park Avenue:. Smil'Ord. Florida 32772-12.14 (Grantee). on the date last signed below.
\VI I1:RFAS. the Department entered into the Agreement with the Grantee fir the Sanford Marinas at Lake
Monroe project to collstroct a new marina breakwater (wall) lacility. renovate a waterfront picnic
pavilion. and install neje landscaping; till el"1'ective .lune 29. 2018: and
WtIERFAS. the parties wish toamend the Agreement as set tonsil hercin. to extend the grant
expiration period. by six (6) months. to March 31. 2021: and the ;.;rant project completion date. to
December 31. 2020.
NOW TI IFREFORE. the parties a`=ree as follov;s:
I i `file Agreement's -Paragraph 4 PERIOD OF AC;RI'EMF NV"' is hereby extended fora six (6) month
period to begin September 30. 2020 and remain in effeet until Mlarclt 31. 2021.'The Department and
the 0-aantec shall cotttimtc to IWIT01-111 their respective duties during this extension period pursuant to
tllC Sante terms 111d conditions provided in the Agreement.
2) flse Project Completion Dale is Isereb\ estenr.led through Decemher 31. 2020.
3) Attachment A. Project Work Plan. is hereby deleted in its entirely and replaced with the revised
Attachment A- I. Revised Project Work Plan, as attached to this Amendment and hereby incorporated
into tile; Agreement. All references in the Agreement to Attachment A shall hereinafter refer to the
Attachment A -I. Reviscd Project Work Plan.
-f) All other terms and conditions of the A;lpreement remain in effect. I f and it) the extent that a IIs
inconsistency ma} appear between the Aftrecntent and this Amendment. the provisions of Utis
Amendment shall control.
The parties auree to the terms and conditions of this Amendment and have duly authorized their
respective representatkes to sign it ( the dates indicated below.
City of, S:usfisr"sl Florida Departnscnt of
Environmental Prott" �iipiltipnrdbyCallie
Callie De wen
I3v.DeHaven Date: 2020.0501
16:20:56 .04'00'
Ville: Seeretary or I)esiz,nce:
o
F7atc: .' � "� CtC Date:
Agreement No.: 1.AV660
I of?
Rai.IWN IS
,ArnCndment No.: I
LIST OF ATTACHNIENTS/EXHIBiTs INCLUDED AS PART OF THIS AMENDMENT:
Specifv'l'vl)c Letter/Number Description
Attachment A- I Revised Project \Vork Man (3 pages)
REMAINDER OF THE PACE INTENTIONALLY LEFT BLANK
Aureement No.: 1AV666
2 ol*2
Ho firs'Is
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RNI'M iff M
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021052741 Bk:9909 Page:978-980(3Pgs)
S"CANNED REC: 04/21/2021 3:16:58 PM by hdevore
This illStrUrnent Nvas prepared by: RECORDING FEES $27.00
CORRECTED
NOTICE OF SITE DEDICATION AND LIMITATION OF USE
Land and Water Conservation Fund
Project No. 12-00666 / LW666 - Sanford Marina at l.,ake Monroe
(tee simple ownership by grantee)
City of Sanford 300 North Park Avenue, Sanford, Florida 32772-1244
Name ol'GI-antee as.,;henrn mt lgreemew
Whose marlin` address is
';�—jprope y area as corrected - in the boundary map 'and described ill —/\ttljcIjnl t
F�g—rantee-j has acquiredordev d T—eTL
ell
A, attached hereto and incorporated herein by reference (the "Project Site"). and with financial assistance provided by the
Federal Land and Water Conservation Full('] (l,WCF) Program in accordance with Chapter 62D-5. F.A.C. Pursuant to Rule
62D-5.074(1), F.A.C.. the grantee hereby dedicates the Project Site in perpetuity as an outdoor recreation area for the use and benefit
oftlib general public.
The grantee covenants that the Pro.ject Site and any facilities thereon, as set forth in the grant agreement recorded in the Official
Records of Seminole C,otjllty, Seminole County, Florida. Official Records Book: 9674, Pages: 1884-1891. Recorded 08/11/2020. and
Book: 9694. Pages: 316-368. Recorded 09/02/2020, and depicted on the boundary map attached hereto and incorporated as
Attachment C. will lie open to the public at reasonable tinies, will be operated in a safe and attractive rnanner, and the grantee will
abide by the requirements ol'Chapter 62D-5.068-.074. F.A.C., relating to Federal Land and Conservation Fund ProgTrarn funding
for the Proiect Site. Pursuant to Rule 62D-5.074(3). F.A.C.. if the grantee converts any part of the Project Site or facilities thereon
acquired or developed with grant assistance to other than a use approved by the State of Florida Department of Environmental
Protection, the grantee shall replace the area, facilities, resource, or site at its own expense with an acceptable project of
comparable or greater value. scope. and quality pursuant to section 673.9.3 of the Land and Water Conservation Fund Pro -rain
Grants.,Vlanual.
WI'I'NL-,SSI--'S: City of Sanford
STATE OF
COUNTY OF
(SEAL)
Original Signature
Printed Narne
PrAited Titll�
"Tile fibrel,'01, ilg instrument was acknowledged before me on 2 by
and on behall'of City of Sanford as
foi
--le/She ona 1v known to file or
. I is per orl', A il
Who has produced as identification.
S EA 1,
Signature of Notary Public. State of Florida
TRACI R HOUCHIN
Commission# GO 132761
Expires August 24, 2021
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