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09/19/2018 Agreement ��e 1 ° °�°�°°F• '0 Kevin Madok, CPA I' '.' Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: October 16, 2018 TO: Rhonda Haag, Director Sustainability&Projects FROM: Pamela G. Hanc•4.; .C. SUBJECT: September 19th BOCC Meeting Enclosed are two duplicate originals, executed on behalf of Monroe County, of Item N3, $360,718.00 Grant Agreement MN008 for Water Quality Monitoring Services in support of the Florida Keys Reasonable Assurance Document with the Florida Department of Environmental Protection,which now includes Attachment 8: Federal Regulations and Terms, to the grant previously approved at the August 15, 2018 BOCC meeting,for your handling. Once the state has signed the documents, please return one fully executed duplicate original to this office for the record. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File • KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project) Agreement Number FL Keys Reasonable Assurance Plan Water Quality Monitoring MN008 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Board of County Commissioners Entity Type: Local government Grantee Address: 1100 Simonton Street,Key West,Florida 33040 FEID: F596000749006 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon execution June 30,2021 4. Project Number:MN008 Project Location(s) The near shore waters of the Florida Keno (If different from Agreement Number) yfl Project Description:A contractor selected by Monroe Co.will perform water quality monitoring and submit data to FDEP's Water Information Network(see scope of work)for use in assessing water quality in the near shore waters of the Florida Keys. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): ® State EFederal GAA Line item 1624,FY 16-17 $51,978.00 $360,718.00 ❑ State (aFederal Award#C-00476018 $128,281.00 ❑ State ❑Federal ❑ State OFederal 6. Department's Grant Manager Grantee's Grant Manager Name: Julie Espy Name: Rhonda Haag or successor or successor Address: 2600 Blair Stone Rd.MS 3515 Address:1100 Simonton Street Tallahassee,FL 32301 Key West,FL 33040 Phone: 850-245-8416 Phone:305-453-8774 Email: julie.espy@dep.state.fl.us Email:Haag-RhondaAMonroeCounty-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: • Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements • Attachment 2: Special Terms and Conditions d Attachment 3:Scope of Work and Conditions(Grant Work Plan) ❑ Attachment 4:Public Records Requirements I Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ® Attachment 7:Grant Award Terms(Federal) 0 Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): Exhibit A:Progress Report Form ❑ Exhibit B:Disclosure of Lobbying Activities(Federal) ❑ Exhibit C:DEP Property Reporting Form i Exhibit D:Payment Request Summary Form 21 Exhibit E:Quality Assurance Requirements ❑ Exhibit F:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. MN008 Rev. 2/13/2018 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 1(a)(1): Federal Rivard Identificatioa:Number(s)(FAIN): Federal Award Date"toDepartment Total Fe`de`ra!Ftinils'Obligated bYthii'Agreernete Federal''Awarding Agency: Award R&D? 0 Yes ❑N/A IN WITNESS WHEREOF,this Agreement is being executed by the Parties and is effective on the date in the Agreement Begin Date above or the Inst date signed below,whichever is later. Monroe County Board of County Commissioners ,! .7/ • GRANTEE l' "m : fhee a Name ATTEST: via Madok,Clerk r zQt g k 41 (Attthori_ed Signature) Date gned — ,.;sak David Rice,Mayor Pamela Hancock,Deputy Clerk Print Name and Title of Person Signing 10. State of Florida De artmc Environmental Prole 'on DEPARTMENT By /1A /0123 /! S cretary or Designee Date Signed Tom rr a- -A-0- int Diyec 2— Print Name and Title of Person Signing 0 Additional signatures attached on separate page. itE COUNTY Arn NEY tO`VED AS P.EDRO AS C NT Y ATTO EY 3 a'. ate Q ram' o rn c>t c� rri C1 '. W C) •J DEP Agreement No. MN008 Rev.2/13/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements,whether written or oral,with respect to such subject matter. Any preprinted terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions between the documents that make up the Agreement, the order of precedence for the documents is as follows: i. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement ii. Standard Grant Agreement iii. Attachment 1,Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication between the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount; a change in the Grantee's match requirements; a change in the expiration date of the Agreement; and/or changes to the cumulative amount of funding transfers between approved budget categories,as defined in Attachment 3,Grant Work Plan,that exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. A change order to this Agreement may be used when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than ten percent (10%) of the total budget as last approved by the Department, or without limitation to changes to approved fund transfers between budget categories for the purchases of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan.Deliverables may be comprised of activities that must be completed prior to the Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1 of 12 Rev.5/25/2018 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,if provided by the Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time whether the services or qualifications offered by the Grantee meet the Agreement requirements. Notwithstanding any provisions to the contrary,written acceptance of a particular deliverable/minimum requirement does not foreclose the Department's remedies in the event those performance standards that cannot be readily measured at the time of delivery are not met. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by the Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at the Grantee's expense.If the Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan,as incomplete, inadequate,or unacceptable due, in whole or in part,to the Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at the Grantee's sole expense.The Grantee shall only invoice the Department for deliverables that are completed in accordance with the Grant Work Plan. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to the Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which the Grantee may remedy the objections noted by the Department.The Grantee's failure to make adequate or acceptable said deliverables after a reasonable opportunity to do so may constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.These consequences for nonperformance shall not be considered penalties. b. Corrective Action Plan. If the Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe,the Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP)be submitted by the Grantee to the Department. The Department shall provide the Grantee with a written request for a CAP that specifies the outstanding deficiencies. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten(10)calendar days of the date of the written request from the Department. The CAP shall be sent to the Grant Manager for review and approval. Within ten (10)calendar days of receipt of a CAP,the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,the Grantee shall have ten(10) calendar days from receipt of the Department letter 'rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee,the Department shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. Attachment 1 2 of 12 Rev.5/25/2018 8. Payment. a. Payment Process.Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by the Department,the Department agrees to pay the Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).To obtain the applicable interest rate,please refer to: http://www.myfloridacfo.com/Division/AANendors/default.htm. b. Taxes. The Department is exempted from payment of State sales and use taxes and Federal excise taxes. The Grantee,however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by the Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with the Department. The Grantee shall not use the Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of the Grantee. d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit D, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address:http://www.myfloridacfo.com/aadir/reference guide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department pursuant to the Grant Work Plan shall be submitted to the Department in sufficient detail for a proper pre-audit and post-audit to be performed. f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by the Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to the Department no later than sixty(60) calendar days following the completion date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the completion date of the Agreement. h. Annual Appropriation Contingency. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature.This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded,with proper notice,at the discretion of the Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. „ -9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If the Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)shall be supported by audit.If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit,the Grantee shall be required to reimburse such funds to the Department within thirty (30)calendar days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used(i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,the Grantee shall be required to reimburse such funds to the Department within thirty(30)calendar days of written notification. Interest shall be charged on Attachment 1 3 of 12 Rev.5/25/2018 the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S.,and Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3,Grant Work Plan.Invoices submitted to the Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor.Upon receipt of the Department Grant Manager's approval of the fixed-price amount,the Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055,F.S.or the Brooks Act,the Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for the Grantee's direct purchase of equipment is subject to specific approval of the Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Property Reporting Form. f. Rental/Lease of Equipment—Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage,attorney's fees or court costs, civil or administrative penalties,or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,the Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments,on Exhibit A, Progress Report Form,to the Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20) calendar days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31,June 30,September 30 and December 31. The Department will review the required reports submitted by the Grantee within thirty(30)days. Attachment 1 4 of 12 Rev.5/25/2018 11. Retainage. The following provisions apply if the Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement to a maximum percentage described in the Special Terms and Conditions.Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. The Department reserves the right to withhold payment of retainage for Grantee's failure to respond to or correct identified deficiencies within the timeframe stipulated in the Grant Work Plan. The Department shall provide written notification to Grantee of identified deficiencies and the Department's intent to withhold retainage. Grantee's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will result in forfeiture of retainage by Grantee. c. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment for the work and the retainage called for under the entire Grant Work Plan. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. d. No retainage shall be released or paid for incomplete work while this Agreement is suspended. e. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement.' All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: i. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department of Environmental Protection,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$200,000 each individual's claim and$300,000 each occurrence. ii. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440,F.S.,and employer's liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. iii. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department of Environmental Protection, its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage iv. Other Insurance. Additional insurance may be required by federal law,where applicable,if any work proceeds over or adjacent to water,including but not limited to Jones Act,Longshoreman's and Harbor Worker's,or the inclusion of any applicable rider to worker's compensation insurance,and any necessary watercraft insurance,with limits of not less than$300,000 each.Questions concerning required coverage should be directed to the U.S.Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm)or to the parties' insurance carrier. b. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as Attachment 1 5of12 Rev.5/25/2018 'The foregoing notwithstanding,nothing herein shall constitute a waiver of the right of the insured to assert sovereign immunity. described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. c. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection, its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. Further,notwithstanding the requirements above, if Grantee is self-insured,then the Department of Environmental Protection,its employees,and officers do not need to be listed as additional insureds. d. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. e. Proof of Insurance. Upon execution of this Agreement,the Grantee shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from the Department,the Grantee shall furnish the Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-insured authorization,or other certification of self-insurance. f. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,the Grantee shall immediately notify the Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)calendar days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. The Department may terminate the Agreement in whole or in part by giving 30 days'written notice to the Grantee,when the Department determines,in its sole discretion,that it is in the State's interest to do so. The Department shall notify the Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee shall not furnish any service or deliverable after it receives the notice of termination,unless otherwise instructed in the notice. The Grantee shall not be entitled to recover any cancellation charges or lost profits. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. b. Termination for 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 the Agreement not terminated. If,after termination,it is determined that the Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department.The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination, and except as otherwise directed by the Department,the Grantee shall stop performing services on the date,and to the extent specified,in the notice. 14. Notice of Default. If the Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, without limitation,any of the events of default listed below, the Department shall provide notice to the Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided, the Grantee will be found in default, and the Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of the Department or outside the reasonable control of the Grantee,the following non-exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by the Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding. Attachment 1 6 of 12 Rev.5/25/2018 c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information. d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and the like furnishing labor or materials, or failure to make payment to any other entities as required herein in connection with the Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement;and i. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the specified 30-day period,the Grantee(including its receiver or trustee in bankruptcy)provides to the Department adequate assurances,reasonably acceptable to the Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by the Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of the Grantee's business or property; and/or iv. An action by the Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion, suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so. The Department shall provide the Grantee written notice outlining the particulars of suspension.Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency,or other such circumstances. After receiving a suspension notice,the Grantee shall comply with the notice.Within 90 days,or any longer period agreed to by the parties,the Department shall either:(1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30)days'notice required for a notice of termination for convenience.Suspension of work shall not entitle the Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars, acts of public enemies,strikes,fires,floods,or other similar cause wholly beyond the Grantee's control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Grantee. In case of any delay the Grantee believes is excusable,the Grantee shall notify the Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose,if the Grantee could reasonably foresee that a delay could occur as a result;or(2)if delay is not reasonably foreseeable,within five days after the date the Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph,after the causes have ceased to exist the Grantee shall perform at no increased cost,unless the Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to the Department, in which case the Department may(1)accept allocated performance or deliveries from the Grantee,provided that the Grantee grants preferential treatment to Department with respect to products subjected to allocation;(2)contract with other sources(without recourse to and by the Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity; or(3)terminate the Agreement in whole or in part. Attachment 1 7 of 12 Rev.5/25/2018 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that the Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of the Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon the Department giving the Grantee(1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Grantee's sole expense;and(3)assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by the Department in any legal action without the Grantee's prior written consent,which shall not be unreasonably withheld. c. Notwithstanding sections a.—b.above,the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However,nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require the Department to hold harmless or indemnify the Grantee, insure or assume liability for the Grantee's negligence,waive the Department's sovereign immunity under the laws of Florida, or otherwise impose liability on the Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make the Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit the Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it at law or in equity and upon notice to the Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by the Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e)of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Attachment 1 8 of 12 Rev.5/25/2018 ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. iii. Notification. The Grantee shall notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations, including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., Department may immediately terminate this Agreement at its sole option if Grantee or its subcontractors are found to have submitted a false certification;or if 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. If this Agreement is for 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 Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., Department may immediately terminate this Agreement at its sole option if Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if 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 of the Agreement. c. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. d. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between the Grantee and the State, the Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,the Grantee shall similarly require each subcontractor to maintain and allow Attachment 1 9 of 12 Rev.5/25/2018 access to such records for audit purposes. Upon request of the Department's Inspector General, or other authorized State official,the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement.The Grantee shall retain such records for the longer of: (1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/l ibrary-archives/records-management/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its Subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its sub-grantees. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If the Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease,the Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement.For federal financial assistance,the Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination"(form number DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following website:https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs,and fringe benefits). The Grantee must provide the additional proof within thirty(30)calendar days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's,or subrecipient's,accounting system cannot comply with this requirement,the Grantee,or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If the Department finds that these funds have been commingled,the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee,upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. Attachment 1 10 of 12 Rev.5/25/2018 ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s),the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of the Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by the Grantee and may not be subcontracted or assigned without the prior written consent of the Department. b. The Department may, for cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to the Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b. or c. shall not relieve the Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny the Grantee's employees,subcontractors,or agents access to meetings within the Department's facilities,unless the basis of the Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity ofthe citizens of the State of Florida. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both the Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for the Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If the Grantee is a subsidiary of another corporation or other business entity,the Grantee asserts that its parent company will guarantee all of the obligations of the Grantee for purposes of fulfilling the obligations of the Agreement. In the event the Grantee is sold during the period the Agreement is in effect,the Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of the Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of the Grantee, its agents,servants, and employees,nor shall the Grantee disclaim its own negligence to the Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If the Department consents to a subcontract,the Grantee will specifically disclose that this Agreement does not create any third-party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. Attachment 1 11 of 12 Rev.5/25/2018 All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under the Agreement must comply with all security and administrative requirements of the Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of the Department.In the event of any assignment,the Grantee remains secondarily liable for performance of the Agreement,unless the Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to the Grantee of its intent to do so. 37. Prohibited Local Government Construction Preferences. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which 50 percent(50%) or more of the cost will be paid from state-appropriated funds that have been appropriated at the time of the competitive solicitation,a state college,county,municipality,school district,or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: i. The contractor's maintaining an office or place of business within a particular local jurisdiction; ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. For any competitive solicitation that meets the criteria of this section, a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by this section. 38. Prohibited Governmental Actions for Public Works Projects. Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers and prohibited from restricting qualified bidders from submitting bids. a. "Political subdivision" means separate agency or unit of local government created or established by law or ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other municipality; or a department, commission,authority,school district,taxing district,water management district, board,public corporation, institution of higher education, or other public agency or body thereof authorized to expend public funds for construction,maintenance,repair or improvement of public works. b. "Public works project"means an activity of which fifty percent(50%)or more of the cost will be paid from state- appropriated funds that were appropriated at the time of the competitive solicitation and which consists of construction,maintenance,repair,renovation,remodeling or improvement of a building,road,street,sewer,storm drain,water system,site development,irrigation system,reclamation project,gas or electrical distribution system, gas or electrical substation, or other facility, project,or portion thereof that is owned in whole or in part by any political subdivision. c. Except as required by federal or state law,the state or political subdivision that contracts for a public works project may not require that a contractor,subcontractor or material supplier or carrier engaged in such project: i. Pay employees a predetermined amount of wages or prescribe any wage rate; ii. Provide employees a specified type,amount,or rate of employee benefits; iii. Control,limit,or expand staffing;or iv. Recruit,train,or hire employees from designated,restricted,or single source. d. For any competitive solicitation that meets the criteria of this section, the state or political subdivision that contracts for a public works project may not prohibit any contractor,subcontractor,or material supplier or carrier able to perform such work who is qualified, licensed,or certified as required by state law to perform such work from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and Section 287.134,F.S. e. Contracts executed under Chapter 337,F.S. are exempt from these prohibitions. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev.5/25/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT SPECIAL TERMS AND CONDITIONS AGREEMENT#MN008 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is FL Keys Near Shore monitoring. The Project is defined in more detail in the Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on execution of the agreement and continues for 36 months, which shall be defined as the grant agreement Service Period. Additional service periods shall be requested and authorized by the Department on an annual basis and must be evidenced by a formal Amendment to this Agreement. Additional service periods may not exceed beyond the expiration date of this Agreement. b. Extensions. There is one extension available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement agreement. The Grantee shall be compensated under this Agreement as described below. b. Invoicing.Invoicing will occur quarterly. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Costs Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑x Contractual(Subcontractors) ❑ ❑ Travel ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition No Equipment purchases shall be funded under this Agreement. There will be no Land Acquisitions funded under this Agreement. 5. Match Requirements. Attachment 2,Agreement#MN008 1 of 2 Rev. 11/7/17 The Agreenent requires at least a 50% match on the part of the Grantee. Therefore,the Grantee is responsible for providingl$130,362 through cash or third party in-kind towards the work funded under this Agreement. The Grantee may claim allowable project expenditures made on or after upon execution for purposes of meeting its match requirement as identified above. Each payment request submitted shall document all matching funds and/or match efforts(i.e.,in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 6. Quality Assurance Requirements. The Grantee shall develop and implement quality assurance practices consisting of policies,procedures, specifications,standards,and documentation sufficient to produce data of quality adequate to meet Project objectives and to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160,Florida Administrative Code,and the Quality Assurance Requirements for Department Agreements,attached hereto and made part hereof as Exhibit E, Quality Assurance Requirements for Contracts and Grants, if applicable.If the Project does not involve environmentally-related measurements or data generation,this Attachment shall not be required and shall be intentionally excluded. j.—Additional Lobbying Requirement for Federally-Funded Agreements CThis Agreement is not federally funded__) 8. Miscellaneous Contract Terms. a. Retainage. No retainage is required under this Agreement. b. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Grant Manager.The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. c. State-owned land. The work will not be performed on State-owned land. d. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 9. Additional Terms. Attachment 2,Agreement#MN008 2of2 Rev. 11/7/17 DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT#: MN008 ATTACHMENT 3 PROJECT TITLE: FL Keys Near Shore Monitoring PROJECT LOCATION: The Project will be located in Monroe County, Florida. Monitoring activities will primarily occur within the near shore waters (within 500m of the keys coastline). PROJECT BACKGROUND: The Florida Keys Reasonable Assurance Documentation (FKRAD) was approved by the Florida Department of Environmental Protection (FDEP or Department) for Nutrients in 2008 and provided to the Environmental Protection Agency (EPA) in February 2009. The FKRAD was developed by the Department in cooperation with local governments, state agencies, and federal agencies within the Florida Keys to set forth and accelerate the actions that have been taken or were planned to be taken to reduce nutrient loadings to near shore waters throughout the Florida Keys so that water quality standards are met and beneficial uses are restored. The Florida Keys Reasonable Assurance Plan was divided into several documents and can be found at http://www.dep.state.fl.us/Water/watersheds/rap.htm The near shore waters comprise 23 estuarine WBIDs (WaterBody IDentification units) classified as Class III waters (Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife) subject to the applicable water quality standards and assessment methodology set forth in Chapters 62-302 (Surface Water Quality Standards) and 62-303 (Identification of Impaired Surface Waters, IWR) of the Florida Administrative Code (F.A.C.). A map of the 23 WBIDs is included in Figure 1 below providing the planning units(Upper Keys,Middle Keys,and Lower Keys)and cities. PROJECT DESCRIPTION: Comprehensive monitoring will be performed to collect sufficient nutrient data to evaluate the FKRAD for the 23 FKRAD WBIDs, in order, to determine FKRAD nutrient compliance and support the Department's Impaired Waters assessments. The monitoring will consist of collecting an estimated 252 samples at 60-65 stations with 4 samples collected at each station in a calendar year for two consecutive years, and at least one sample collected between May 1 and September 30 and at least one sample collected during the other months of the calendar year. Note, most of the sample locations will require a boat for accessibility and two staff per sampling team. TASKS and DELIVERABLES: Attachment 3,DEP Agreement#:MN008 1 of 10 Rev.2/13/2018 • Florida Keys RAD WBIDs Figure 1. FKRAD RAD WBIDs �► Key Largo r Upper Keys 6009 Layton City Marathon Rkl!{ Key Colony Beach erialt Lower Keys WHO 6011C 6011A e011B 601313,6612E,6612Ai 6012C Key West "00130 6013C Rya bwe =1 Planning Units 6913A 6012D tD Cities&Villages v� M° FKRAD WBID MI OM aasM e=11111111111wimp, hvtiles 0 3256.5 13 19.5 26 Attachment 2,DEP Agreement#:MN008 2 of 10 Rev.2/13/2018 Task#1 : DEP Water Quality Monitoring Training Task Description: The Grantee or its subcontractors, including all personnel who will perform any aspect of the field sampling associated with this grant,will attend and participate in DEP sanctioned water quality sampling training. This training will be provided or supported by DEP and will include presentations and demonstrations consistent with DEP sampling Standard Operating Procedures(SOPs). The Grantee and/or its subcontractors are expected to adhere to these SOPs when performing tasks under this grant agreement. Deliverable #1 : Proof of attendance and participation at a DEP sanctioned water quality sampling training event. This should be an event sign-sheet or similar document confirmed by DEP personnel or contractor approved to provide the training. Performance Standard: The Department's Grant Manager will ensure the training is made available to the Grantee and its subcontractors and that the training complies with this Agreement and the quality assurance requirements. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task Budget: Allowable budget categories and costs for this task include contract services ($9,035 DEP and 50%match of$9,035 from Monroe Co. for total of$18,070) Task Start and End Dates: Deliverable 1:No later than 30 days before first sampling event Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the task end date. Attachment 2,DEP Agreement#: MN008 3 of 10 Rev.2/13/2018 Task#2 : Quality Assurance Project Plan Task Description: The Grantee will prepare,submit,and receive approval on a Quality Assurance Project Plan (QAPP) prior to commencement of any monitoring associated with the project. The QAPP must specify the sampling procedures, locations, instruments, and parameters to be sampled. It must also include all laboratory methods and procedures to be used in analyzing the samples, all associated reporting elements, and all other information as stated in Attachment E. The Grantee will use the format provided by the Department's Grant Manager, if applicable. The Grantee shall perform technical review audits according to Attachment E(5b). Deliverable #2a : Draft QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request,the Grantee will provide a paper copy of the Draft QAPP to the Department's Grant Manager. Performance Standard: The Department's Grant Manager will ensure review of the draft QAPP for compliance with this Agreement and the quality assurance requirements, to ensure sufficient monitoring is planned to measure project effectiveness, and provide comments to the Grantee as needed prior to Final QAPP submittal. Deliverable #2b : Final Department-approved QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request, the Grantee will provide a paper copy of the Final QAPP to the Department's Grant Manager. Performance Standard: The Department's Grant manager will review the Final QAPP to ensure that draft comments have been incorporated and the Final QAPP is in compliance with this Agreement and the quality assurance requirements. Upon review and written approval by the Department's Grant Manager of the Final QAPP,the Grantee may proceed with payment request submittal. Deliverable #2c : The Grantee shall provide a summary of their technical review audits following Attachment E(5b). These audits shall be performed initially, within 30 days after the first sampling event, and quarterly until Task 2 is completed. Performance Standard: The Department's Grant manager will review the technical review audits to ensure monitoring is performed according to the QAPP. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task Budget: Allowable budget categories and costs for this task include contract services ($8,340 DEP and 50%match of$8,340 from Monroe Co. for total of$16,680) Task Start and End Dates: Deliverable 2a: Before November 1, 2018,Deliverable 2b:No later than 30 days before first sampling event,Deliverable 2c: Within 30 days after first sampling event and then quarterly(within 30-days after sampling events each quarter)until Task 3 is completed. Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the task end date. Attachment 3,DEP Agreement#:MN008 • 4 of 10 Rev.2/13/2018 Task#3: Monitoring Task Description: The Grantee will conduct monitoring in accordance with the Department- approved QAPP for this project (see Task #2. Comprehensive monitoring will be performed to evaluate FKRAD nutrient compliance and support the Department's Impaired Waters assessments. Samples will be collected for total Kjehldahl nitrogen, nitrate+nitrite, total phosphorus, and chlorophyll-a; and field measurements taken for dissolved oxygen (percent saturation), pH, specific conductance, and water temperature. The monitoring will consist of collecting an estimated 252 samples at 63 stations with 4 samples collected at each station in a calendar year for two consecutive years, and at least one sample collected between May 1 and September 30 and at least one sample collected during the other months of the calendar year. Sampling procedures and methods should comply with DEP SOPs and laboratory method detection limits should be comparable to those in Table 1 below. Training on DEP SOPs will be provided prior to any sampling and must be attended by every person who will be collecting samples as part of this agreement. Deliverable 3a: A summary of the samples collected and delivered to the lab for analysis. Summary of completed monitoring activities (dates completed,sampling conducted and any not conducted and why, monitoring results along with interpretation of those results (as expected or not as expectedsubmitted electronically, along with the draft or final (when submitting final request laboratory report and sampling logs (must also have field and weather datato the Department's Grant Manager. Upon request, the Grantee will provide a paper copy or copies to the Department's Grant Manager. These deliverables must be submitted 30 days prior to each payment request and may be submitted no more frequently than quarterly(on the 15th day of the month). Performance Standard: The Department's Grant Manager will review the monitoring results for completion and compliance with QAPP requirements. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with uploading data to WIN and payment request submittal. Deliverable 3b: Laboratory and field sampling results data loaded to the DEP Watershed Information Network database. Data collected each quarter will be loaded to WIN by the end of the subsequent quarter (example: data collected in the first quarter will be loaded to WIN by the end of the second quarter). Performance Standard: The Department's Grant Manager will review the monitoring results for completion and compliance with QAPP requirements. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with uploading data to WIN and payment request submittal. Additional Financial Consequences: Costs for any monitoring that is not completed as outlined in the Department-approved QAPP may be discounted if included in the payment request. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per quarter. The outlined Deliverable(s must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. Task Budget: Allowable budget categories and costs for this task include contract services ($139,894 DEP and 50%match of$139,894 from Monroe Co. for total of$279,788) Task Start and End Dates: Start no later than March 1,2019 to catch the first quarter of 2019, end by December 30, 2021. Deliverable Due Date: Deliverable 3: due by January 31,2021, but can be submitted more frequently. Attachment 3,DEP Agreement#:MN008 Rev.2/13/2018 5 of 10 Table 1. List of Water Quality Parameters for Near Shore Monitoring • :Method Detection Parameter Sample Type Description Analyte Method 'Limit Nitrite+Nitrate in aqueous NO, Water Grab matrices as uig/L as N EPA 353.2 Rev. 2.0 0.004 mWL fatal Phosphorus in aqueous TP Water Grab matrices as mg/I,as P EPA 365.1 Rev_2.0 0.002 mg/L Total Kjeldahl Nitrogen in TKN Water Grab aqueous matrices as nig/L as N EPA 351.2 Rev.2.0 0.08 mg/L Phytoplankton chlorophyll-a (corrected for phaeophytin)and Chlorophyll a Water Grab phaeophytin by spectrophotometzy. SM 10200 H(mod.)) <1.0 ug/L Dissolved oxygen(DO) Dissolved Field concentration in Water measured Oxygen Measurement by field meter Discrete Measurement Not applicable Discrete Measurement Percent DO Field Percent DO saturation in water Saturation Measurement measured by field meter Not applicable Discrete Measurement Field pH IeVel in water measured by pH '. Measurement field meter Not applicable Discrete Measurement Specific Field Specific conductance of water Conductance Measurement measured by field meter Not applicable Discrete Measurement Water Field Water temperature measured by Temperature Measurement field meter Not applicable Attachment 3,DEP Agreement#:MN008 6 of 10 Rev.2/13/2018 . Task#4 : Final Report Task Description: The Grantee will prepare a Final Report summarizing the results of the project, including all tasks in the Grant Work Plan. The Final Report must include at a minimum: • Project location and background, project description and timeline, grant award amount and anticipated benefits. • Financial summary of actual costs versus the budget, along with any changes required to the budget. Include any match or locally pledged contributions provided, along with other related project work performed outside of this Agreement to identify the overall project cost. • Discussion of project schedule versus actual completion, including changes required to the schedule, unexpected site conditions and adjustments, significant unexpected delays and corrections, and/or other significant deviations from the original project plan. • Summary of data entry activities completed as well as those not completed and why • GIS files, maps, appropriate figures (site location, site plan[s]. etc.), appropriate tables summarizing data/information relevant to Grant Work Plan tasks, and appropriate attachments relevant to the project. • Summary of monitoring activities completed and any not completed and why, monitoring results, and an interpretation of data based on planned versus realized results. Deliverable #4a : An electronic copy of the draft Final Report in Word format submitted to the Department's Grant Manager for review prior to submission of the Final Report. Upon request, the Grantee will provide a paper copy of the draft Final Report. Attachment 3,DEP Agreement#:MN008 7 of 10 Rev.2/13/2018 Performance Standard: The Department's Grant Manager will review the submitted draft Final Report to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation into the Final Report. Deliverable#4b : An electronic copy of the Final Report, with all suggested changes incorporated, in Word or PDF format submitted to the Department's Grant Manager for review and approval. Upon request,the Grantee will provide a paper copy of the Final Report. Performance Standard: Upon review and written approval by the Department's Grant Manager of the Final Report,the Grantee may proceed with payment request submittal for this task. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task Budget: Allowable budget categories and costs for this task include contract services ($23,090 DEP and 50%match of$23,090 from Monroe Co. for total of$46,180) Task Start and End Dates: Task must be completed by May 1, 2021 Deliverable Due Date: Deliverable 4a: due March 1,2021;Deliverable 4b: due May 1,2021 PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables must be received by the designated due date. Task/ Deliverable Deliverable Task Start Task End Due Date/ No. Task or Deliverable Title Date Date Frequency 1 DEP Water Quality Monitoring Training Before Oct.31,2018 Oct.31,2018 One time 2 Quality Assurance Project Plan Before Nov 1,2018 30 days before first One time sampling event 2a Draft QAPP Before Nov. 1,2018 One time Attachment 3,DEP Agreement#:MN008 8 of 10 Rev.2/13/2018 2b Final QAPP 30-days before fist sampling event One time 2C Technical review audits following within 30 days after Attachment E(5b) first sampling event Quarterly 3 Monitoring 1/31/2021 3a Monitoring progress reports within 30 days after etch sampling event Quarterly 3 b by the end of subsequ.nt quarter after Data uploads to WIN sampling Quarterly 4 Final Report 05/01/2021 One time 4a Draft Final Report 03/01/2021 One time 4b Final Report 05/01/2021 One time BUDGET DETAIL BY TASK: 'Task ; Budget Grant Budget Match Total Project Budget.Category No:" • '; Funding Funding Funding 1 Contractual Services $9,035 $9,035 $18,070 Total for Task $9,035 $9,035 $18,070 2 Contractual Services $8,340 $8,340 $16,680 Total for Task $8,340 $8,340 • $16,680 Contractual Services $139,894 $139,894 $139,894 \ 6 �lcl b� Total for Task $139,894 $139,894 $139,894 f>r1F,2-11 3 r /nie Contractual Services $23,090 $23,090 $46,180 _ -ra 1 4 Total for Task . $23,090 . $23,090 $46,180 \-e4=e^-- Total: $180,359 $180,359 $360,718 - cTI` J" Percentage Match: 50% $ 0 50/o o s 9 4-,h s t'':' Attachment 3,DEP Agreement#:MN008 9 of 10 Rev.2/13/2018 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 3,DEP Agreement#: MN008 10 of 10 Rev.2/13/2018 DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records a. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the Department in its performance of services under the Agreement, the Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the"Agreement." If the Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply: a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request,provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to the Department. e. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in possession of the contractor or keep and maintain Public Records required by the Department to perform the service. If the contractor transfers all Public Records to the Department upon completion of the contract,the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the Department, upon request from the Department's custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE Rev.2/13/2018 Attachment 4 1 of 2 CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@dep.state.fl.us Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Rev.2/13/2018 Attachment 4 2 of 2 ATTACHMENT 5 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections,reviews, investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330 (for fiscal year start dates after December 26,2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised,and 2 CFR Part 200,Subpart F. 3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,is not required. In the event that the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov Attachment 5 1 of 5 Rev.2/13/2018 PART II:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department of Financial Services; and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.lea.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III:OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 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: Attachment 5 2 of 5 Rev.2/13/2018 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit n,dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a)(the number of copies required by Sections .320(d)(1)and(2),OMB Circular A-133, as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133,as revised,and 2 CFR§200.512. 2. Pursuant to Section.320(f), OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F,the recipient shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit a,dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Attachment 5 3 of 5 Rev.2/13/2018 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit a,dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 5 4 of 5 Rev.2/13/2018 EXHIBIT—1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category 66.454 EPA 66.454 Water Quality Management Planning,GAA 1633,2017-2018 $128,281 140076 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97,F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category 37.039 GAA 1624 General Revenue 2017 37 039 Statewide Surface Water Restoration and $2,081 088964 Wastewater Total Award $260,724 .. For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. Attachment 5 5 of Rev.2/13/2018 Attachment 7 • C6-00476018-0 Page l GRANT NUMBER(FAIN): 00476018 ooteD 8141,, V.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD PROTECTION AGENCY PROGRAM CODE: C6 12/21/2017 ' ,/ TYPE OF ACTION MAILING DATE New 12/28/2017 7447. ,per Grant Agreement PAYMENT METHOD: ACH# pAe.�` ASAP 40199 al RECIPIENT TYPE: Send Payment Request to: State Las Vegas Finance Center RECIPIENT: PAYEE:, FL Dept of Environmental Protection FL Dept of Environmental Protection 2600 Blair Stone Road 2600 Blair Stone Road Tallahassee,FL 32399-2400 Tallahassee,FL 32399-2400 EIN: 59-6007353 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Jessica Madden Tina Lamar Sharonita Johnson 2600 Blair Stone Road 61 Forsyth Street Grants and Audit Management Section Tallahassee,FL 32399-2400 Atlanta,GA 30303-8960 E-Mall: johnson•sharonita@epa.gov E-Mali: jessica.s.madden@dep.state.lius E-Mall: lamar.tina@epa.gov Phone:404-562-8311 Phone:850-245-8342, Phone:404-562-9323 PROJECT TITLE AND DESCRIPTION Water Quality Management Planning This action approves a new award in the amount of$200,000 to the Florida Department of Environmental Protection for facilitation support in the development, implementation,and tracking of:(1.)Basin Management Action Plans(BMAPs),(2.)Subcategory 4b(Reasonable Assurance(RA)]and 4e(Pollutant Reduction)Plans,and(3.}Class III-Limited Petitions.Each of these three project goals involves working closely with stakeholders or representatives from: local,state,and regional governmental entities;advisory groups;advocacy groups;private enterprises;the general public;and others affected by these activities.The recipient will provide 40%of this award to regional or interstate watershed management planning agencies for the development and implementation of water quality management plans. • BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2017 - 09/30/2019 10/01/2017 • 09/30/2019 $452,000.00 $452,000.00 NOTICE OF AWARD Based on your Application dated 08/01/2017 including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA)hereby awards$200,000.EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding total federal funding of$200,000. Recipient's signature is not required on this agreement. The recipient demonstrates Its commitment to carry out this award by either:1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date.In case of disagreement,and until the disagreement Is resolved,the recipient should not draw down on the funds provided by this award/amendment,and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION I ADDRESS ORGANIZATION/ADDRESS U.S.EPA,Region 4 61 Forsyth Street Water Protection Division Atlanta,GA 30303-8960 61 Forsyth Street Atlanta,GA 30303-8960 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Keva R.Lloyd-Grants Management Officer DATE , 12/21/2017 . I Attachment 7 pg. 1 of 9 _ I • EPA Funding Information C6-00476018-0 Page2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $200,000 $200,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance •$ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $200,000 $200,000 Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.454•Water Quality Management Planning Clean Water Act:Secs.205(j)(1)&(2) 2 CFR 200 2 CFR 1500 40 CFR 33 and 40 CFR 35 Subpart A Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/ • Code Organization Class Organization Deobligation 1804VX8017 18 E2 04V2 000B80 4111 18CB - 200,000 . l • 200,000 Attachment 7 pg.2 of 9 • C6-00476018-0 Page 3 Budget Summary Page:FDEP FY 2018 WQMP Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1.Personnel $0 2.Fringe Benefits $6 3.Travel $0 4.Equipment $0 5.Supplies $0 \, 6.Contractual $271,200 7.Construction '�¢ $o 8.Other $180,800 9.Total Direct Charges $452,000 f 10.Indirect Costs: % Base $0 /5/ 11.Total(Share: Recipient % Federal 100.00%.) $452,000 7 '-`? 12.Total Approved Assistance Amount $425,000 13.Program Income $0 14.Total EPA Amount Awarded This Action $200,000 15.Total EPA Amount Awarded To Date $200,000 Attachment 7 pg.3 of 9 C6-00476018-0 Page 4 Administrative Conditions GENERAL TERMS AND CONDITIONS The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-2-2017-or-later. These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms,conditions,or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at http://www.epa.gov/grants/grant-terms-and-conditions.The applicable terms and conditions below are in addition to the general terms and conditions noted above: • 1. ANNUAL FFR(INTERIM)PURSUANT TO 2 CFR 200.327 Pursuant to 2 CFR 200.327, EPA recipients shall submit an interim annual Federal Financial Report(FFR, SF-425)to EPA no later than 90 calendar days following the anniversary of the award date. The form is available on the internet at: http://www2.epa.gov/financial/forms. The following reporting period end dates shall be used for interim annual reports: 3/31, . . 6/30,9/30, or 12/31. At the end of the project,the recipient must submit a final FFR to EPA no later than 90 calendar days after the end of the project period.The form is available on the internet at: http://www2.epa.gov/financial/forms.All FFRs must be submitted to the Las '. Vegas Finance Center(LVFC) via email LVFC-grants @epa. 2. UTILIZATION OF SMALL.MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE,40 CFR,Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise(DBE)Program for procurement activities under assistance agreements,contained in 40 CFR,Part 33. MBE/WBE REPORTING,40 CFR,Part 33,Subpart E MBE/WBE reporting is required in annual reports.Reporting is required for assistance agreements where there are funds budgeted for procuring construction,equipment, services and supplies,including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the"Other"category that exceed the threshold amount of$150,000, including amendments and/or modifications. Attachment 7 pg.4 of 9 Based on EPA's review of the planned budget,this award meets the conditions above and is subject to the Disadvantaged Business Enterprise(DBE)Program reporting requirements. However,if recipient believes this award does not meet these conditions,it must provide the Regional MBE/WBE Coordinator with a justification and budget detail within 21 days of the award date clearly demonstrating that,based on the planned budget, this award is not subject to the DBE reporting requirements. The recipient agrees to complete and submit a"MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements"report(EPA Form 5700-52A) on an annual basis.All procurement actions are reportable,not just that portion which exceeds $150,000. When completing the annual report,recipients are instructed to check the box titled"annual"in section 1B of the form.For the final report,recipients are instructed to check the box indicated for the"last report" of the project in section 1B of the form.Annual reports are due by October 30`''of each year.Final reports are due by October 30t1 or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on total procurements. Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not.If no budgeted procurements take place during the reporting period,the recipient should check the box in section 5B when completing the form. MBE/WBE reports should be sent to: R4epagrantsmbewbereporting@epa.gov cc:johnson.sharonita@epa.gov Attn: Sharonita Johnson The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe reporting.htm This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR, Part 33, Section 33.502;however,the other requirements outlined in 40 CFR Part 33 remain in effect,including the Good Faith Effort requirements as described in 40 CFR Part 33 Subpart C,and Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below. FAIR SHARE OBJECTIVES,40 CFR,Part 33,Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee,fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. • In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives requirements described in 40 CFR,Part 33, Subpart D. Recipients should work with their DBE coordinator,if they think their organization may qualify for an exemption. • Attachment 7 pg.5 of 9 Current Fair Share Objective/Goal The dollar amount of this assistance agreement or the total dollar amount of all of the recipient's financial assistance agreements in the current federal fiscal year from EPA is$250,000, or more. The FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION has negotiated the following, applicable MBE/WBE fair share objectives/goals with EPA as follows: Combined MBE/WBE(DBE): Includes Construction, Equipment, Services and Supplies 10% Negotiating Fair Share Objectives/Goals In accordance with 40 CFR,Part 33, Subpart D,established goals/objectives remain in effect for three fiscal years unless there are significant changes to the data supporting the fair share - objectives.The recipient is required to follow requirements as outlined in 40 CFR Part 33, Subpart D when renegotiating the fair share objectives/goals. The submission of proposed fair sharegoals with the supporting analysis or disparity study P pP g Y p Y means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals,together with the supporting availability analysis or disparity study,to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission.If proposed fair share objective/goals are not received within the 120-day time frame,the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS,40 CFR,Part 33,Subpart C Pursuant to 40 CFR,Section 33.301,the recipient agrees to make the following good faith efforts whenever procuring construction,equipment,services and supplies under an EPA financial assistance agreement, and to require that sub-recipients,loan recipients,and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a)Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities.For Indian Tribal, State and Local and Government recipients,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b)Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit,in a way that encourages and facilitates participation by DBEs in the competitive process. This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c)Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For.Indian Tribal,State and local Government recipients,this Attachment 7 pg.6 of 9 will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d)Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. • (e)Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f)If the prime contractor awards subcontracts,require the prime contractor to take the steps in paragraphs(a)through(e)of this section. CONTRACT ADMINISTRATION PROVISIONS,40 CFR,Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST,40 CFR,Section 33.501(b)and(c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b)and(c)for specific requirements and exemptions. Programmatic Conditions 1. Reporting Reouirements: To meet reporting requirements under 2 CFR 00.328(b)(2)(i) "The final performance report will be due 90 calendar days after the period of performance end date". Therefore,the grantee will submit a final progress report on progress in implementing FY 2018 Section 604 workplan activities on December 31, 2018 to the Project Officer. The annual progress reports are due no later December 31,2018. Annual Progress report content shall include: 1. comparison of actual accomplishments to the objectives/tasks ithin the workplan;2.reasons or justifications why established goals/tasks were not met; and 3. significant developments which may have impacted;therefore,causing delays or issues in meeting tasks within the workplan. 2. Quality Management Plan:the grantee is in compliance with its approved Quality Management Plan,prior to collection of water quality data must approve a Quality Assurance Project Plan. 3. Quality Assurance Project Plan_If applicable,by March 1,2018 the grantee will submit to the EPA Project Officer a copy of all revisions to its Clean Water Act(CWA) • Attachment 7 pg.7 of 9 • .. I Section 604(b)programmatic Quality Assurance Project Plan(QAPP).If there are no changes to the CWA Section 604(b)programmatic QAPP, the grantee will submit confirmation by March 1, 2018 to the EPA Project Officer. The QAPP should be consistent with the specifications of the EPA Quality System Document EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5. This document can be found at http://www.epa.gov/quality/qapps.html. 4. Pass-through Certification: Per the August 19, 1987, Guidance for Management of Section 205(j)(1)and Section 604(b)Fund , and supported by 40 CFR §31.42,Access Requirements for Record as it pertains to the 40%pass through of the 604(b)grant, grantees are required to provide the EPA Project Officer with copies of the 604(b) Program binding written agreements (contracts)with the RPCPOs/lOs within 10 days after they have been signed by the State and the RPCPOs/IOs. In lieu of submitting. Copies of the contracts to EPA Region 4,the States will certify,using a form letter provided by the Region,that the pass through requirements have been met as detailed in the 604(b)workplan, and that copies of relevant contracts and supporting documentation are maintained at the state offices and are available for review by EPA,or that a waiver of the pass through requirement was requested and approved. The certification will be submitted with the annual report and is due by December 31,2017. 5. State Grant Cvbersecurity Condition (a)The recipient agrees that when collecting and managing environmental data under this assistance agreement,it will protect the data by following all applicable State law cybersecurity requirements. (b) (1)EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section,a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory,user-controlled connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental - Information Exchange Network or EPA's Central Data Exchange,the recipient agrees to contact the EPA Project Officer(PO) and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements • as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data. (2)The recipient agrees that any subawards it makes under this agreement will require the Attachment 7 pg.8 of 9 subrecipient to comply with the requirements in(b)(1)if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements;and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d),by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. 7. Geospatial Data Standards All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.fgdc.gov. - 7. Competency of Organizations Generating Environmental Measurement Data: If applicable to this grant,in accordance with Agency Policy Directive Number FEM-2012- 02,Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements,Recipient.agrees,by entering into this agreement,that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable, Recipient agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. Recipient shall maintain competency for the duration of the project period of this agreement. A copy of the Policy is available online at http://www.epa.gov/fem/pdfs/competency-policy-aaia-new.pdf or a copy may also be requested by contacting the EPA project officer for this award. 8. Subaward: The recipient must report on its subaward monitoring activities under 2 CFR 200.331(d). Examples of items that must be reported if the pass-through entity has the information available are: 1. Summaries of results of reviews of financial and programmatic reports. 2. Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient.performance. 3. Environmental results the subrecipient achieved. • 4. Summaries of audit findings and related pass-through entity management decisions. 5.Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR 200.331(e),2 CFR 200.207 and the 2 CFR Part 200.338 Remedies for Noncompliance. 9. Technical Officer:The Technical Officer/Reviewer assigned to this grant is Caroline Ejimofor-404-562-9309-ejimofor.caroline@epa.gov.The workplan is conditional pending EPA Technical Officer's review,negotiations,and final approval of the workplan and pass-through Attachment 7 pg.9 of 9 ATTACHMENT 8 Contract Provisions for EPA-Funded Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee,the term"Recipient"shall mean"Grantee." Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable to this Contract,the Non-Federal Entity may take one or more of the following actions. i. Temporarily withhold payments pending correction of the deficiency by the Recipient. ii. Disallow(that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. iii. Wholly or partly suspend or terminate this Contract. iv. Take other remedies that may be legally available. The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund,either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract"as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity,or national origin. The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color,religion, sex,sexual orientation,gender identity,or national origin. Such action shall include,but not be limited to the following: a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired Attachment 8 1 of 7 Rev.2/23/18 about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with the Recipient's legal duty to furnish information. iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding,a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations, and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient,and if required by the Federal Legislation,the Recipient must comply with the Davis-Bacon Act(40 U.S.C.3141- 3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute,contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition, contractors must pay wages not less than once a week. The Recipient must comply with the Copeland "Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each Recipient or subrecipient must be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or laborers,the Recipient must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C. 3702 of the Act,each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not Attachment 8 2 of 7 Rev.2/23/18 less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non- Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 7. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387) If the Agreement is in excess of$150,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency(EPA). 8. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment and Suspension." 9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. If applicable,the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award,using form SF-LLL,available at: https://apply07.grants.gov/apply/forms/sample/SFLLL 1 2 P-V 1.2.pdf. 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. ADMINISTRATIVE 11. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et sequence. 12. Rights to Patents and Lrventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations,which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: i.Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii.Procure a commercial sex act during the period of time that the award is in effect;or iii.Use forced labor in the performance of the award or subawards under the award. 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),if applicable. This act requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 15.Water Resources Reform and Development Act(WRRDA)P.L. 113-121 Attachment 8 3 of 7 Rev.2/23/18 Recipients must comply with the Water Resources Reform and Development Act(WRRDA)P.L. 113-121, if applicable. This act provides for improvements to the rivers and harbors of the United States,to provide for the conservation and development of water and related resources. 16.Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. (c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award;best efforts should be made to include this clause, including this paragraph(c)in any subawards and contracts awarded prior to the effective date of this provision. 17.Notification of Termination(2 CFR$200.340) In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system, accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS). The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination; 18.Additional Lobbying Requirements (a) The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. (b) The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. (c) Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. COMPLIANCE WITH ASSURANCES 19.Assurances Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. 20.Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms Recipients shall take all affirmative steps necessary to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible, including those steps listed in 2 CFR 200.321(b). Attachment 8 4 of 7 Rev.2/23/18 ENVIRONMENTAL PROTECTION AGENCY-SPECIFIC 21.EPA General Terms and Conditions (for purposes of compliance within the EPA General Terms and Conditions only, "Recipient"refers to the Department and "Subrecipient"refers to the Grantee). Recipients and subrecipients shall comply with EPA General Terms and Conditions applicable to the specific Federal Award funding source, available at https://www.epa.gov/grants/grant-terms-and-conditions, and incorporated by reference. 22.EPA's Prohibition on Paying Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term"management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this Agreement. Management fees or similar charges may not be used to improve or expand the Project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the work identified in the Grant Work Plan. 23.EPA Cybersecurity Conditions Recipients shall comply with the EPA Grant Cyber Security Conditions located at https://www.epa.gov/grants/state-grant-cybersecurity-condition,last amended July 6,2015. 24.Environmental Justice Guidance under the National Environmental Policy Act(42 U.S.C.4321) Recipients shall comply with the Environmental Justice Guidance under the National Environmental Policy Act (42 U.S.C. 4321). This act relates to the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation, and enforcement of environmental laws,regulations and policies. 25. EPA Regulations Recipients shall comply with the following regulations: 40 CFR 4, 40 CFR 12,40 CFR 12,40 CFR 29,40 CFR 33.302,40 CFR 33.501(b)and(c),40 CFR 34,40 CFR 35,2 CFR 1500,and 2 CFR 1532. 26.Drug-Free Workplace Recipients must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the Recipients must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. 27.EPA's Program for Utilization of Small,Minority,and Women's Business Enterprises. Acceptance of the funds awarded under this Agreement requires general compliance with the EPA's Disadvantaged Business Enterprise (DBE) Program pursuant to 40 CFR, Part 33. Recipients shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. Recipients shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts and/or subcontracts awarded under EPA financial assistance agreements.Failure by the Recipient to carry out these requirements is a material breach of this Agreement which may result in the termination of this Agreement or other legally available remedies. Based on the amount awarded to the Department under the original Federal funding source for this Agreement,Recipients are subject to the reporting requirements of the EPA's DBE Program.Recipients must complete and submit a "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" report (EPA Form 5700-52A) with the applicable required Payment Request Form(s). The current EPA Form 5700-52A is included as an Exhibit to this Attachment,but it is also available from the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe reporting.htm. The Department has negotiated its current"Fair Share"objective and goals with the EPA,which are listed in Attachment 7, Grant Award Terms. However, if the Grantee does not want to rely on the applicable Department's MBE/WBE goals, the Grantee may contact the Department to coordinate the proposal of alternate MBE/WBE goals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction,services,supplies and equipment. 28. American Iron and Steel(Compliance with P.L. 113-76) Recipients shall comply with the Consolidated Appropriations Act of 2014 (Public Law 113-76), if applicable. This act includes an American Iron and Steel(AIS)requirement,if applicable.Clean Water State Attachment 8 5 of 7 Rev.2/23/18 Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) assistance recipients are required to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works and if the project is funded through an assistance agreement executed beginning January 17,2014(enactment of the Act). The appropriation language sets forth certain circumstances under which EPA may waive AIS requirements. Furthermore,the act exempts projects where engineering specifications and plans were approved by a state agency prior to January 17,2014. §319(h)funded projects are excluded from this provision. 29.Geospatial Data Standards Recipients must meet the EPA Geospatial Data Standards. All geospatial data created must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards can be found at www.fgdc.gov. 30.Signage Required Term and Condition a. Signage Requirements The Recipient is required to place a sign at construction sites supported under this award displaying the EPA logo in a manner that informs the public that the project is funded in part or wholly by the EPA.The sign must be placed in a visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. Recipients are required to comply with the sign specifications provided by the EPA Office of Public Affairs (OPA)available at:https://www.epa.gov/grants/epa-logo-seal-specifications-signage-produced-epa- assistance-agreement-recipients.If the EPA logo is displayed along with the logos of other participating entities,the EPA logo must not be displayed in a manner that implies that EPA itself is conducting the project.Instead,the EPA logo must be accompanied with a statement indicating that the recipient received financial assistance from EPA for the project.As provided in the sign specifications from OPA,the EPA logo is the preferred identifier for assistance agreement projects and use of the EPA seal requires prior approval from the EPA.To obtain the appropriate EPA logo or seal graphic file,the recipient should send a request directly to OPA and include the EPA Project Officer in the communication.Instructions for contacting OPA is available on the Using the EPA Seal and Logo page. Consistent with section 6002 of RCRA,42 U.S.C. 6962,and 2 CFR 200.322,recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the EPA logo or seal)into the appropriate non-English language(s).The costs of such translation are allowable, provided the costs are reasonable. b. Public or Media Events The Recipient agrees to notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to construction projects as a result of this agreement,and provide the opportunity for attendance and participation by federal representatives with at least ten(10)working days' notice. CLEAN WATER ACT SECTION 319 NON-POINT SOURCE ASSISTANCE AGREEMENTS- SPECIFIC 31.Non-Point Source Assistance Agreement Terms and Conditions Recipients shall comply with the Clean Water Act Section 319 Non-Point Source Assistance Agreements Public Awareness Terms and Conditions Effective October 1,2014(PDF). 32.Operation and Maintenance For Projects funded by EPA §319(h) funds, Recipients will assure the continued proper operation and maintenance of all nonpoint source management practices that have been implemented for Projects funded under this Agreement. Such practices shall be operated and maintained for the expected lifespan of the specific practice and in accordance with commonly accepted standards. Likewise,the Recipient will assure that similar provisions are included in any sub-agreements that are awarded. 33.Nutrient Management Plans for Animal Feeding Operations Recipients shall comply with the Nutrient Management Plans for Animal Feeding Operations as required under this Grant and must have and implement a nutrient management plan that: 1)provides and maintains buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of confined animals with waters of the United States; 4) addresses animal mortality; 5) addresses chemical disposal; 6) addresses Attachment 8 6 of 7 Rev.2/23/18 proper operation and maintenance; 7) addresses record keeping and testing; 8) maintains proper storage capacity;and,9)addresses rate and timing of land application of manure and wastewater. FLORIDA RURAL WATER ASSOCIATION TECHNICAL ASSISTANCE AND TRAINING GRANT AGREEMENT-SPECIFIC 34.Green Infrastructure Policy Recipients shall comply with the EPA's Green Infrastructure Policy(established by the American Recovery and Reinvestment Act) for the Clean Water State Revolving Fund Program, if applicable. This policy provides guidance and a best practices guide for funding green infrastructure in the CWSRF program. 35.Clean Water State Revolving Fund Recipients shall comply with the Clean Water State Revolving Fund Regulations(Title VI of the Clean Water Act, 40 CFR Part 35), if applicable. These regulations provide all applicable requirements of the EPA regulations and rules and procedures prescribed under the Clean Water State Revolving Funds Regulations. 36.Drinking Water State Revolving Fund Regulations Recipients shall comply with the Drinking Water State Revolving Fund Regulations(40 CFR Part 35 Subpart L), if applicable. These regulations provide details on the requirements and functions of the Drinking Water State Revolving Fund,authorized under the Safe Drinking Water Act. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 8 7 of 7 Rev.2/23/18 OMB CONTROL NO. 2030-0020 EXHIBIT 1 APPROVED: 06/30/2014 APPROVAL EXPIRES: 06/30/2017 U.S. ENVIRONMENTAL PROTECTION AGENCY MBE/WBE UTILIZATION UNDER FEDERAL GRANTS AND COOPERATIVE AGREEMENTS FOR COOPERATIVE AGREEMENTS OR OTHER FEDERAL FINANCIAL ASSISTANCE WHERE THE COMBINED TOTAL OF FUNDS BUDGETED FOR PROCURING SUPPLIES, EQUIPMENT,CONSTRUCTION OR SERVICES EXCEED$150,000. PART 1:PLEASE REVIEW INSTRUCTIONS BEFORE COMPLETING - 1A.FEDERAL FISCAL YEAR(Oct 1-Sep 30) 1B.REPORT TYPE 20 Annual Last Report(Project completed) 1C:REVISION OF A PRIOR YEAR REPORT? ❑No 0 Yes,Year IF YES,BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: 2A.EPA FINANCIAL ASSISTANCE OFFICE ADDRESS(ATTN:DBE COORDINATOR) 3A.RECIPIENT NAME AND ADDRESS 2B.EPA DBE COORDINATOR 3B.RECIPIENT REPORTING CONTACT Name: Name: Email: Address: Phone: Phone: Fax: Email: 4A.FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE OR CFDA NUMBER: (SRF State Recipients,refer to Instructions for Completion of blocks 4A,5A and 5C) 5A.TOTAL ASSISTANCE AGREEMENT AMOUNT 58.If NO procurements and NO accomplishments were made this reporting EPA Share: $ period(by the recipients,sub-recipients,loan recipients,and prime contractors), CHECK and SKIP to Block No.7. (Procurements are all expenditures through Recipient Share:$ contract,order,purchase,lease or barter of supplies,equipment,construction, or services needed to complete Federal assistance programs. Accomplishments, ON/A(SRF Recipient) in this context,are procurements made with MBEs and/or WBEs.) ❑ 5C. Total Procurements This Reporting Period(Only include amount not reported in any prior reporting period) Total Procurement Amount$ , (Include total dollar values awarded by recipient,sub-recipients and SRF loan recipients,including MBE/WBE expenditures.) 5D. Were sub-awards issued under this assistance agreement? Yes No Were contracts issued under this assistance agreement? Yes No 5E. MBE/WBE Accomplishments This Reporting Period Actual MBE/WBE Procurement Accomplished(Include total dollar values awarded by recipient,sub-recipients,SRF loan recipients and Prime Contractors.) Construction Equipment Services Supplies Total $MBE: 0.00 $WBE: 0.00 6.COMMENTS:(If no MBE/WBE procurements,please summarize how certified MBEs/WBEs were notified of the opportunities to compete for the procurement dollars entered in Block 5C and why certified MBEs/WBEs were not awarded any procurements during this reporting period.) 7.NAME OF RECIPIENT'S AUTHORIZED REPRESENTATIVE TITLE 8.SIGNATURE OF RECIPIENT'S AUTHORIZED REPRESENTATIVE DATE EPA FORM 5700-52A available electronically at http://www.epa.gov/osbp/pdfs/5700 52a.pdf Attachment 8,Exhibit 1 Page 1 OMB CONTROL NO. 2030-0020 APPROVED: 06/30/2014 APPROVAL EXPIRES: 06/30/2017 PART II. MBE/WBE PROCUREMENTS MADE DURING REPORTING PERIOD EPA Financial Assistance Agreement Number:_ 1. Procurement Made By 2. Business Enterprise 3. $Value of 4. Date of 5. Type of Product or 6. Name/Address/Phone Number of MBE/WBE Procurement Procurement Service(Enter Code) Contractor or Vendor Recipient Sub- Prime Minority Women MM/DD/YY ' Recipient and/or SRF Loan Recipient Type of Product or Service Codes: 1=Construction 2=Supplies 3=Services 4=Equipment Note: Recipients are required to submit MBE/WBE reports to EPA beginning with the Federal fiscal year the recipients receive the award,continuing until the proiect is completed. Attachment 8,Exhibit 1 Page 2 Instructions: If at the time of award, the combined total of funds budgeted for procurements in any category is less A. General Instructions: than or equal to $150,000 and is maintained below the threshold, no DBE report is required to be submitted. MBE/WBE utilization is based on 40 CFR Part 33. The reporting requirement reflects the class deviation issued on November 8, 2013, clarified on Recipients are required to report 30 days after the January 9, 2014 and modified on December 2, end of each federal year, per the terms and 2014. EPA Form 5700-52A must be completed conditions of the financial assistance agreement. annually by recipients of financial assistance agreements where the combined total of funds Last reports are due October 30th or 90 days after budgeted for procuring supplies, equipment, the end of the project period, whichever comes construction or services exceeds $150,000.This first. reporting requirement applies to all new and existing awards and voids all previous reporting MBE/WBE program requirements, including requirements. reporting, are material terms and conditions of the financial assistance agreement. In determining whether the $150,000 threshold is exceeded for a particular assistance B. Definitions: agreement, the analysis must focus on funds budgeted for procurement under the supplies, equipment, construction, services or"other" Procurement is the acquisition through contract, categories, and include funds budgeted for order, purchase, lease or barter of supplies, procurement under sub-awards or loans equipment, construction or services needed to accomplish Federal assistance programs. Reporting will also be required in cases where the details of the budgets of sub-awards/loans are not A contract is a written agreement between an EPA clear at the time of the grant awards and the recipient and another party(also considered combined total of the procurement and sub- "prime contracts") and any lower tier agreement awards and/or loans exceeds the$150,000 (also considered "subcontracts")for equipment, threshold. services, supplies, or construction necessary to complete the project. This definition excludes • written agreements with another public agency. When reporting is required, all procurement This definition includes personal and professional actions are reportable, not just the portion which services, agreements with consultants, and exceeds $150,000. purchase orders. If at the time of award the budgeted funds exceed A minority business enterprise (MBE) is a business $150,000 but actual expenditures fall below, a concern that is (1) at least 51 percent owned by report is still required. one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority Attachment 8,Exhibit 1 Page 3 individuals; and (2) whose daily business efforts for utilizing MBEs and WBEs must be operations are managed and directed by one or documented. Such documentation is subject to more of the minority owners. In order to qualify EPA review upon request: and participate as an MBE prime or subcontractor for EPA recipients under EPA's DBE Program, an 1. Ensure DBEs are made aware of contracting entity must be properly certified as required by 40 opportunities to the fullest extent practicable CFR Part 33, Subpart B. through outreach and recruitment activities. For Indian Tribal, State and Local and U.S. citizenship is required. Recipients shall Government recipients,this will include placing presume that minority individuals include Black DBEs on solicitation lists and soliciting them Americans, Hispanic Americans, Native Americans, whenever they are potential sources. Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the 2. Make information on forthcoming Small Business Act or by the Secretary of opportunities available to DBEs and arrange Commerce under section 5 of Executive order time frames for contracts and establish delivery 11625. The reporting contact at EPA can provide schedules, where the requirements permit, in a additional information. way that encourages and facilitates participation by DBEs in the competitive A woman business enterprise(WBE) is a business process.This includes,whenever possible, concern that is, (1) at least 51 percent owned by posting solicitations for bids or proposals for a one or more women, or, in the case of a publicly minimum of 30 calendar days before the bid or owned business, at least 51 percent of the stock is proposal closing date. owned by one or more women and (2) whose daily business operations are managed and directed by 3. Consider in the contracting process whether one or more of the women owners. In order to firms competing for large contracts could qualify and participate as a WBE prime or subcontract with DBEs. For Indian Tribal, State subcontractor for EPA recipients under EPA's DBE and local Government recipients, this will Program, an entity must be properly certified as include dividing total requirements when required by 40 CFR Part 33, Subpart B. economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. Business firms which are 51 percent owned by minorities or women, but are in fact not managed 4. Encourage contracting with a consortium of and operated by minorities or females do not DBEs when a contract is too large for one of qualify for meeting MBE/WBE procurement goals. these firms to handle individually. U.S. Citizenship is required. 5. Use the services and assistance of the SBA and Good Faith Efforts the Minority Business Development Agency of the Department of Commerce. A recipient is required to make the following good 6. If the prime contractor awards subcontracts, faith efforts whenever procuring construction, require the prime contractor to take the steps equipment, services, and supplies under an EPA in paragraphs (a) through (e) of this section. financial assistance agreement. These good faith Attachment 8,Exhibit 1 Page 4 C. Instructions for Part I: - 5A. Provide the total amount of the Assistance Agreement which includes Federal funds plus 1A. Specify Federal fiscal year this report covers. recipient matching funds and funds from other The Federal fiscal year runs from October 1st sources. through September 30th (e.g. November 29, 2014 falls within Federal fiscal year 2015) *For SRF recipients only: SRF recipients will not enter an amount in 5a. SRF recipients should check 1B. Specify report type. Check the annual the "N/A" box. reporting box. Also indicate if the project is completed. 5B. Self-explanatory. 1C. Indicate if this is a revision to a previous year 5C. Provide the total dollar amount of ALL and provide a brief description of the revision you procurements awarded this reporting period by the are making. recipient, sub-recipients, and SRF loan recipients, including MBE/WBE expenditures, not just the 2A-B. Please refer to your financial assistance portion which exceeds $150,000. For example: agreement for the mailing address of the EPA Actual dollars for procurement from the procuring financial assistance office for your agreement. office; actual contracts let from the contracts office; actual goods, services, supplies, etc., from other sources including the central purchasing/ The "EPA DBE Reporting Contact" is the DBE procurement centers). Coordinator for the EPA Region from which your financial assistance agreement was originated. For a list of DBE Coordinators please refer to the EPA *NOTE:To prevent double counting on line 5C, if OSBP website at http://epa.gov/osbp/dbe_cord. any amount on 5E is for a subcontract and the prime contract has already been included on Line 5C in a prior reporting period, then report the 3A-B. Identify the agency, state authority, amount going to MBE or WBE subcontractor on university or other organization which is the line 5E, but exclude the amount from Line 5C. To recipient of the Federal financial assistance and the include the amount on 5C again would result in person to contact concerning this report. double counting because the prime contract, which includes the subcontract, would have already been 4A. Provide the Assistance Agreement number reported. assigned by EPA. A separate report must be submitted for each Assistance Agreement. *For SRF recipients only: In 5c please enter the total annual procurement amount under all of your *For SRF recipients: In box 4a list numbers for ALL SRF Assistance Agreements.The figure reported in OPEN Assistance Agreements being reported on this section is not directly tied to an individual this form. Assistance Agreement identification number. (SRF state recipients report state procurements in this section) 4B. Refer back to Assistance Agreement document for this information. Attachment 8,Exhibit 1 Page 5 5D. State whether or not sub-awards and/or 2. Check either the MBE or WBE column. If a subcontracts have been issued under the financial firm is both an MBE and WBE, the recipient may assistance agreements by indicating "yes" or"no". choose to count the entire procurement towards EITHER its MBE or WBE accomplishments. The 5E. Where requested, also provide the total recipient may also divide the total amount of the dollar amount of all MBE/WBE procurement procurement (using any ratio it so chooses) and awarded during this reporting period by the count those divided amounts toward its MBE and recipient, sub-recipients, SRF loan recipients, and WBE accomplishments. If the recipient chooses to prime contractors in the categories of construction, divide the procurement amount and count portions equipment, services and supplies. These amounts toward its MBE and WBE accomplishments, please include Federal funds plus recipient matching funds state the appropriate amounts under the MBE and and funds from other sources. WBE columns on the form. The combined MBE and WBE amounts for that MBE/WBE contractor must not exceed the "Value of the Procurement" 6. If there were no MBE/WBE accomplishments reported in column#3 this reporting period, please briefly how certified MBEs/WBEs were notified of the opportunities to compete for the procurement dollars entered in 3. Dollar value of procurement. Block 5C and why certified MBEs/WBEs were not awarded any procurements during this reporting 4. Date of procurement, shown as month, day, period. year. Date of procurement is defined as the date the contract or procurement was awarded, not the 7. Name and title of official administrator or date the contractor received payment under the designated reporting official. awarded contract or procurement, unless payment occurred on the date of award. (Where direct purchasing is the procurement method, the date 8. Signature, month, day, and year report of procurement is the date the purchase was submitted. made) D. Instructions for Part II: 5. Using codes at the bottom of the form, identify type of product or service acquired through For each MBE/WBE procurement made under this this procurement (e.g., enter 1 if construction, 2 if financial assistance agreements during the supplies, etc.). reporting period, provide the following information: 6. Name, address, and telephone number of MBE/WBE firm. 1. Check whether this procurement was made by_the recipient, sub-recipient/SRF loan recipient, or the prime contractor. Attachment 8,Exhibit 1 Page 6 **This data is requested to comply with provisions mandated by: statute or regulations (40 CFR Parts 30, 31, and 33 and/or 2 CFR Parts 200 and 1500); OMB Circulars; or added by EPA to ensure sound and effective assistance management. Accurate, complete data are required to obtain funding, while no pledge of confidentiality is provided. The public reporting and recording burden for this collection of information is estimated to average I hour per response annually. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclosure or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency (2136), 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include the OMB Control number in any correspondence. Do not send the completed form to this address. Attachment 8,Exhibit 1 Page 7 DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: MN008 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. MN008 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A,DEP Agreement#:MN008 loft Rev.2/13/2018 Exhibit D PAYMENT REQUEST SUMMARY FORM DEP Agreement No.:MN008 Agreement Effective Dates: Grantee: Grantee's Grant Manager: Mailing Address: Payment Request No. Date of Payment Request: Performance Period (Start date—End date): Task/Deliverable No(s). Task/Deliverable Amount Requested: $ GRANT EXPENDITURES SUMMARY SECTION AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE (As authorized) PAYMENT THIS REQUEST MATCHING REQUESTS FUNDS Salaries/Wages $ $ $ $ Fringe Benefits $ $ $ $ Indirect Cost $ $ $ $ Contractual(Subcontractors) $ $ $ $ Travel $ $ $ $ Equipment(Direct Purchases) $ $ $ $ Rental/Lease of Equipment $ $ $ $ Miscellaneous/Other Expenses $ $ $ $ Land Acquisition $ $ $ $ TOTAL AMOUNT $ $ $ $ TOTAL TASK/DELIVERABLE $ $ BUDGET AMOUNT Less Total Cumulative Payment $ $ Requests of: TOTAL REMAINING IN TASK $ $ GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Exhibit D,DEP Agreement#:MN008 1 of 3 Rev.2/13/2018 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK/DELIVERABLE BUDGET AMOUNT" line for the"AMOUNT OF THIS REQUEST'column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGET AMOUNT'for the amount to enter on the"TOTAL REA'IAINING IN TASK'line.Insert"N/A"for any budget/match categories that are not authorized under this Agreement. "TOTAL CUMULATIVE PAYMENT REQUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request(this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS" line. Insert"N/A" for any budget/match categories that are not authorized under this Agreement. Do not enter anything in the shaded areas. "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT'line for this column. Enter the match budget amount on the"TOTAL TASK BUDGET AMOUNT'line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF'line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AILIQUNT' for the amount to enter on the "TOTAL REMAINING IN TASK' line. Insert "N/A" for any budget/match categories that are not authorized under this Agreement. If match is not required at all under this Agreement, insert"N/A"down the whole column. "TOTAL CUMULATIVE MATCHING FUNDS"COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Insert"N/A" for any budget/match categories that are not authorized under this Agreement. If match is not required at all under this Agreement, insert"N/A" down the whole column. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services,Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Exhibit D,DEP Agreement#: MN008 3 of 3 Rev.2/13/2018 Exhibit E Department of Environmental Protection Quality Assurance Requirements for Grants Standard Field & Lab Services 1. GENERAL REQUIREMENTS AND DEFINITIONS a. As applicable to the Scope of Services (i.e., scope of work, or grant work plan) described in the grant, the sampling, field testing and laboratory analyses performed under this Grant shall conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.), and "Requirements for Field and Analytical Work Performed for the Department of Environmental Protection under Contract" (DEP-QA- 002/02), February 2002. b. Hereinafter, "DEP" or"Department" refers to the Florida Department of Environmental Protection. c. "Grantee" shall refer to the grantee, subcontractors, subgrantees, or any entity procured to conduct work under the Grant. d. "Sample" and "sampling" refers to samples that shall be either collected or analyzed under the terms of this Grant. 2. REQUIREMENTS FOR LABORATORIES a. All applicable laboratory testing activities shall be performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP)for all applicable matrix/method/analyte combinations to be measured for this Grant. Laboratory certification requirements are described in Rule 62-160.300, F.A.C. Certification is not required for laboratory tests outside of the scope of DoH ELCP accreditation as determined according to Paragraph 62-160.300(5)(c), F.A.C. b. For samples collected from a non-potable water matrix, the certification requirement is met if the laboratory is certified for the contracted analyte(s) in at least one method utilizing an analytical technology appropriate for the Grant, as determined by the Department according to Paragraph 62-160.300(1)(c), F.A.C. c. If the laboratory is not certified for some or all proposed test measurements, the laboratory shall apply for certification within one month of Grant execution. The laboratory shall attempt to become fully certified for all applicable matrix/method/analyte combinations to be performed for the Grant by maintaining active coordination with the DoH ELCP throughout the application process. Regardless of when the laboratory receives certification, the laboratory shall implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC 2003 Quality Systems standards, as adopted) upon Grant execution. d. Laboratories shall maintain certification as specified in item 2.a above during the life of the Grant. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub-contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The Grantee shall notify the DEP Grant Manager in writing before any change to a sub-contracted laboratory is made. e. The DoH ELCP certificate number(certified laboratory identification number) for each contracted (and sub-contracted) laboratory shall be listed in the required Grant Quality Assurance (QA) Plan (see Section 6 below) in association with the analytical tests to be performed by each laboratory analyzing samples for the Grant. Exhibit E, DEP Grant#: MN008 1 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 f. Each certified laboratory analyzing contracted samples shall ensure that an acceptable demonstration of capability (DOC) is performed as described in the 2003 NELAC Quality Systems standards (NELAC 2003, Section 5.5.4.2.2 and Appendix C). In addition, each certified laboratory that performs any of the proposed matrix/method/analyte combination(s) approved for the Grant shall have the requisite DOC documentation and supporting laboratory records on file for the applicable combinations. The DOCs performed shall meet the requirements for precision, accuracy, method detection limit (MDL) and/or practical quantitation limit (PQL), as specified in each applicable laboratory test method, Standard Operating Procedure (SOP) or Quality Manual, or as listed in the Grant QA Plan (Section 6, below). Alternative limits for detection and quantitation other than MDL and PQL shall be determined, if applicable to the laboratory. DOCs performed for the contracted analytes shall include any modifications to the test method or SOP that have been approved by DEP according to Subsection 62-160.330(3), F.A.C., if applicable. If requested by the Department, documentation that supports the DOC for a specified analyte and test method shall be made available for review. g. The contracted (and/or subcontracted) laboratory shall report PQLs and MDLs or other specified limits of detection and quantitation with the results of sample analyses. MDLs and/or PQLs shall only be required for test methods that are technically amenable to the determination of MDLs and/or PQLs. For those test methods where the determination of MDLs and/or PQLs are not technically feasible, the laboratory shall report a value or increment representing the lower limit of the working range of the test method, however determined by the laboratory. The laboratory shall indicate whether the reported limit represents a limit of detection or quantitation. In all cases, limits of detection and quantitation other than MDLs and PQLs shall be explicitly defined and evaluated by the laboratory. All limits shall be as listed in the applicable laboratory test method, SOP or Quality Manual, or as listed in the Grant QA Plan (Section 6, below). The reported MDLs and PQLs (or other limits per above) shall meet the analytical sensitivity and quantitation objectives for the Grant. h. Additional laboratory quality control expectations: (i) The selected laboratory test methods listed in the QA Plan shall provide results that meet applicable Grant data quality objectives. (ii) All laboratory testing procedures shall follow the analytical methods as approved in the Grant QA Plan (see Section 6). (iii) The laboratory shall adhere to the quality control requirements specified in the laboratory test methods and this Exhibit. (iv)The laboratory shall calculate all sample results according to the procedures specified in the analytical test methods approved in the Grant QA Plan. 3. FIELD ACTIVITIES a. All sample collection and field testing activities shall be performed in accordance with the Department's"Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, March 1, 2014). The specific standard operating procedures (SOPs) to be used for this Grant shall be cited in the Grant QA Plan (see Section 6). b. Field-Generated Quality Control (QC) Blanks are defined in DEP SOP FQ 1000 (subparts FQ 1211 —FQ 1214) and shall be composed and analyzed for sample collection activities associated with this Grant according to the requirements of part FQ 1230 (sections 1. —2.3.1), DEP SOP FS 2100 (Part FS 2110, sec. 2.1.1.2) and/or DEP SOP FS 2400 (Part FS 2430, sec. 2.1.1.2), as applicable to the analytes and matrices to be collected using the sampling equipment specified in the Grant QA Plan (see Section 6 below). Exhibit E, DEP Grant#: MN008 . 2 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/201.7 (i) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample, the Grantee shall investigate and attempt to determine the cause of the QC blank contamination. If any contracted sample results are qualified as in (ii) below, the outcome of this investigation shall be reported to the DEP Grant Manager and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination associated with the collection of samples for this Grant. (ii) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample, the analytical result reported for the affected sample shall be qualified as an estimated value, unless the analyte concentration in the blank is less than or equal to 10% of the reported sample concentration. The"G" data qualifier code shall be reported with the sample result for any blank concentration exceeding the above"10%" criterion for the affected analyte (see Table 1, Chapter 62-160, F.A.C.). 4. REPORTING, DOCUMENTATION AND RECORDS RETENTION a. Reporting, Documentation and Records Retention shall be in compliance with the provisions specified in the DEP Grant. b. Deliverable requirements for Reporting are further specified in DEP Grant Scope of Services. c. All laboratory and field records described or listed in Rules 62-160.240 and 62-160.340, F.A.C., shall be retained for a minimum of five years after the generation (or completion) of the records applicable to the Grant. Longer retention times as specified in the Grant shall supersede. d. All field and laboratory data and supporting information shall be reported for this Grant according to applicable requirements in Subsections 62-160.340(3)—(8), F.A.C. e. Any other documentation and reports associated with work performed for this Grant shall be likewise retained and shall include relevant information for the procedures described in Sections 2 and 3, above. f. Any documentation or reports specifically identified in this Grant as deliverable work products shall be retained as in 4.a., above. g. All field and laboratory records that are associated with work performed under this Grant shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution. h. The Department reserves the right to request some or all of the laboratory or field information in an electronic format specified by the Department, as specified in the Grant and/or Scope of Services, and/or as described in the approved Grant QA Plan (see Section 6). Also, see Subsection k., below. i. Any certified laboratory reports issued for contracted sample analyses using certified methods shall be generated in accordance with NELAC Quality Systems requirements (NELAC 2003, section 5.5.10). j. Upon request by the Department Grant Manager or as required by the Grant, copies of the original laboratory reports shall be submitted to the Department Grant Manager. k. In addition to any reports of sample results provided per Grant deliverable requirements and Subsections b., e., f. and g., above, the Grantee shall submit any of the laboratory information and/or records associated with the contracted analyses as described in this section (Section 4) upon request by DEP, including any of the following: ► Laboratory sample identification (ID) and associated Field ID ► Analytical/test method ► Parameter/analyte name Exhibit E, DEP Grant#: MN008 3 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 ► Analytical result (including dilution factor) ► Result unit ► Applicable DEP Data Qualifier Codes per Table 1 of Rule 62-160.700, F.A.C. ► Result comment(s) to include corrective/preventive actions taken for any failed QC measure (e.g., QC sample result, calibration failure) or other problem related to the analysis of the samples ► Date and time of sample preparation (if applicable) ► Date and time of sample analysis ► Results of laboratory verification of field preservation of received samples ► Sample matrix ► DoH ELCP certification number for each laboratory (must be associated with the test results generated by each laboratory analyzing samples under this Grant) ► MDL, Limit of Detection (LOD) or other defined limit of detection ► PQL, Limit of Quantitation (LOQ) or other defined limit of quantification ► Field and laboratory QC blank results: • Laboratory QC blank analysis results as required by the method and the NELAC Quality Systems standards (e.g., method blank) • Results for trip blanks, field blanks and equipment blanks, as applicable to the project and as specified in the QA Plan (see Section 6) ► Results for field duplicates (or replicates) ► Results for other QC and calibration verification results, as applicable to the specific test methods used for the contracted analyses: • Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates • Results of surrogate spike analyses • Results of laboratory control samples (LCS) • Results of calibration verifications • Acceptance criteria used to evaluate each reported quality control measure I. Unequivocal documentation links between each reported laboratory quality control measure (e.g., QC blanks, matrix spikes, LCS, duplicates, calibration verification) and the associated sample result(s) shall be maintained for all contracted analyses. m. In addition to any field information provided per Grant deliverable requirements, and Subsections b., e., f. and g., above, the Grantee shall submit any of the field information and/or records associated with the contracted samples as described in this section (Section 4) upon request by DEP, including any of the following: ► Site name and location information ► Field ID for each sample container and the associated analytes (test methods) for which the container was collected ► Date and time of sample collection ► Sample collection depth, if applicable ► Sample collection method identified by the DEP SOP number, where applicable ► If performed, indicate samples that were filtered ► Field test measurement results: • DEP SOP number(FT-series), where applicable • Parameter name • Result • Result unit • Applicable Data Qualifier Codes per Table 1 of Rule 62-160.700, F.A.C. Exhibit E, DEP Grant#: MN008 4 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 ► Narrative comments providing explanations, descriptions and/or discussions of: field conditions impacting QC for sample collections, unacceptable field measurements, field-testing meter calibration verification failures, or other problems related to the sampling event, and corrective/preventive actions taken for the items noted (e.g., for blank contamination or meter calibration failure). n. The Department reserves the right to request some or all of the laboratory or field information in a format as specified in the Grant and/or Scope of Services, and/or as described in the approved QA Plan (see Section 6). 5. AUDITS a. TECHNICAL AUDITS BY THE DEPARTMENT— Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits of field and laboratory activities. In addition to allowing Department representatives to conduct onsite audits of contracted work in the field or at Grantee facilities, upon request by the Department, field and laboratory records pertinent to the contracted research as described per Section 4, above, shall be provided by the Grantee. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) of the Grant, do not meet the data quality objectives specified by the Grant, do not meet other applicable Department criteria described in the Grant, its exhibits, the QA Plan (see Section 6) or these QA Requirements, do not meet applicable data validation criteria outlined in Rule 62-160.670, F.A.C., or are not otherwise suitable for the intended use of the data (however applicable), the DEP Grant Manager shall pursue remedies available to the Department pursuant to the terms of the Grant. b. PLANNING REVIEW TECHNICAL AUDITS — (i) Initial: The Grantee shall review the Grant QA Plan (see Section 6) relative to the completed field and laboratory activities to determine if data quality objectives are being met, identify any improvements to be made to project activities, and refine the sampling and/or analytical design or schedule, if applicable. A summary of the review, including any corrective action plans or amendments to the Grant QA Plan, shall be sent to the DEP GrantManager, and a copy of all submitted documents shall be maintained with the permanent project records. (ii) Ongoing: Planning reviews as described in subsection (i) above shall occur after the initial planning review audit for the remainder of the Grant, as specified in the Scope of Services. (iii) Statements of Usability: Initial and ongoing Planning Review Technical Audits described in (i) and (ii) above shall include statements about data usability relative to the Grant data quality objectives and any data quality indicators that may be specified in the Grant, its exhibits, the QA Plan (see Section 6), or these QA Requirements. This usability determination shall take into account all applicable data quality acceptance and usability criteria for quality control and environmental sample results for the Grant, as specified in the procedures, test methods, QA Plan, Quality Manual(s), other Grant exhibits, or these QA Requirements. (iv) Initial and ongoing reviews and summaries shall be completed within timeframes specified in the Grant Scope of Services. c. QUALITY SYSTEMS AUDITS—The Grantee shall ensure that any required laboratory and field quality system audits are performed according to the respective Quality Manuals or other relevant internal quality assurance documents for each entity performing work under the Grant. The results of these audits shall be documented in the Grantee's records. Copies of the above audit reports or results shall be provided to the DEP Grant Manager upon request. Copies of audit records for internal audits conducted per DEP Exhibit E, DEP Grant#: MN008 5 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 SOP FA 1000 (subpart FA 4200) or NELAC Quality Systems requirements (NELAC 2003, section 5.4.13) shall be similarly provided upon request. 6. QUALITY ASSURANCE PLAN a. The Grantee shall submit a Quality Assurance (QA) Plan for the Grant to the DEP Grant Manager, as specified in the Grant Scope of Services. The Standard QA Plan Template may be used to capture all required elements in the Plan. b. The DEP Grant number shall appear on the title page of the submitted QA Plan. The Department shall review and either approve the QA Plan or provide comments to the Grantee as to why the QA Plan is not approved, within timeframes specified in the Grant Scope of Services. If further revisions are needed, the Grantee shall respond within timeframes specified in the Grant Scope of Services. The Department shall respond to all revisions to the QA Plan within timeframes specified in the Grant Scope of Services. c. Work may not begin for specific Grant tasks until approval (or conditional approval) has been received by the Grantee from the DEP Grant Manager. Sampling and analysis for the Grant may not begin until the QA Plan has been approved (or conditionally approved). d. Once approved, the Grantee(s) shall follow the procedures and methods described in the approved QA Plan and any other relevant quality assurance documents, including, but not limited to: ► Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability; ► Using only the protocols approved in the QA Plan; and ► Using only the equipment approved in the QA Plan. If any significant changes occur in sampling project design, project analyte list, procedures or test methods, equipment, or key personnel, the Grantee shall submit appropriate revisions of the QA Plan to the DEP Grant Manager for review, within timeframes specified in the Grant Scope of Services. The proposed revisions may not be implemented until they have been approved (or conditionally approved) by the DEP Grant Manager, as documented through written or electronic correspondence. Exhibit E, DEP Grant#: MN008 6 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017