R25-170 1 RESOLUTION NO. R25-170
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE
5 PROGRESSIVE DESIGN/BUILD AGREEMENT BETWEEN THE CITY AND
6 FOSTER MARINE CONTRACTORS, INC., FOR RFQ UTL23-007 -TOWN
7 OF HYPOLUXO SEPTIC TO SEWER PROJECT, INCORPORATING
8 ADDITIONAL TERMS AND CONDITIONS REQUIRED TO COMPLY WITH
9 GRANT FUNDING REQUIREMENTS AND ACKNOWLEDGING
10 CONTRACTOR'S COMPLIANCE TO DATE; AND FOR ALL OTHER
11 PURPOSES.
12
13 WHEREAS, on August 15, 2023,the City and Foster Marine Contractors,Inc. ("Contractor"),
14 entered into a Progressive Design/Build Agreement (the "Agreement") for RFQ UTL23-007 -Town
15 of Hypoluxo Septic to Sewer project, approved by Resolution No. R23-105; and
16 WHEREAS, the City and the Contractor entered into the First Amendment to the
17 Agreement amending the Agreement to establish the Guaranteed Maximum Price and project
18 schedule for the Phase 2 services, and modifying the City's Owner's Representative, on April 2,
19 2024, approved by Resolution No. R24-075; and
20 WHEREAS, the City and Contractor desire to enter a Second Amendment amending the
21 Agreement to incorporate additional terms and conditions required to comply with grant funding
22 requirements and acknowledge Contractor's compliance to date; and
23 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
24 best interests of the City's citizens and residents to approve the Second Amendment to the
25 Progressive Design/Build Agreement between the City and Foster Marine Contractors, Inc., for
26 RFQ UTL23-007 -Town of Hypoluxo Septic to Sewer project, incorporating additional terms and
27 conditions required to comply with grant funding requirements and acknowledging Contractor's
28 compliance to date.
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
31 BEACH, FLORIDA, THAT:
32 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption.
34 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
35 approve a Second Amendment to the Progressive Design/Build Agreement between the City and
36 Foster Marine Contractors, Inc., for RFQ UTL23-007 -Town of Hypoluxo Septic to Sewer project,
37 incorporating additional terms and conditions required to comply with grant funding
38 requirements and acknowledging Contractor's compliance to date (the "Amendment"), in form
39 and substance similar to that attached as Exhibit A.
40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
41 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
42 ancillary documents as may be necessary to accomplish the purpose of this Resolution.
43 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record
44 of the City. A copy of the fully executed Amendment shall be provided to Keith Webber to forward
45 to the Contractor.
46 SECTION 5. This Resolution shall take effect in accordance with the law.
47
48
49
50 [SIGNATURES ON THE FOLLOWING PAGE]
51
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52 PASSED AND ADOPTED this / day of ,v2025.
J
53 CITY OF BOYNTON BEACH, FLORIDA
54 YES - NO
55 Mayor— Rebecca Shelton ✓
56
57 Vice Mayor—Woodrow L. Hay
58 /
59 Commissioner—Angela Cruz V
60 17
61 Commissioner—Thomas Turkin
62 ✓
63 Commissioner—Aimee Kelley
64
65 VOTE S—°
66 ' EST:
6 PI
68 li
69 Mayle Jesus, NylA, MMC Rebecca Shelton
70 CityCIIrkl
71 ;�0,OYNTpN<5)<:
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72 ; SEAL .-70 iii APPROVED AS TO FORM:
73 (Corporate Seal) , . t�
74 •.�INCORPORATED;
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75 1,
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76 \\�� F10R10 Shawna G. Lamb
77 ��� City Attorney
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AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF BOYNTON
\ u BEACH AND FOSTER MARINE CONTRACTORS FOR PROGRESSIVE
0P DESIGN/BUILD SERVICES, RFQ UTL23-007—TOWN OF HYPOLUXO SEPTIC TO
SEWER— GRANT FUNDED
This Second Amendment ("Amendment") is entered into by and between the City of
Boynton Beach, a Florida municipal corporation ("City"), and Foster Marine Contractors, Inc., a
Florida corporation ("Contractor") (collectively referred to as the "Parties").
RECITALS
A. On August 15, 2023, the Parties entered into a Progressive Design/Build Agreement for
RFQ UTL23-007 -Town of Hypoluxo Septic to Sewer project ("Project"), as amended by that First
Amendment dated April 2, 2024, establishing the Guaranteed Maximum Price and project
schedule for the Phase 2 services (collectively, the "Agreement").
B. The Project is grant-funded.
C. As a result of grant funding requirements, Contractor is required to comply with
additional terms and conditions.
D. The Parties desire to modify the Agreement to incorporate such grant-required
terms and acknowledge Contractor's compliance to date.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, City and Contractor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. Incorporation of Grant Requirements. The Agreement is hereby modified to include and
incorporate all terms, conditions, and requirements set forth in Exhibit A attached hereto and
made a part hereof(the "Grant Requirements"). In the event of any conflict between the original
Agreement terms and the Grant Requirements, the Grant Requirements shall control.
4. Acknowledgment of Compliance. The Parties hereby acknowledge and agree that,
through the date of execution of this Amendment, Contractor has complied with and performed
all work in accordance with the requirements set forth in Exhibit A.
Second Amendment to Foster Marine Progressive Design Build Page 1 of 3
5. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein, and the Parties
agree that there are no commitments, agreements, or understandings concerning the subject
matter hereof that are not included in the Agreement as amended in this
Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
6. Contractor acknowledges that through the date this Amendment is executed by
Contractor, Contractor has no claims or disputes against City concerning any of the matters
covered by the Agreement.
7. The following new sections are added to the Agreement as follows:
(a) Discriminatory Vendor and Scrutinized Companies List: Countries of Concern.
Contractor represents that it has not been placed on the "discriminatory vendor list" as
provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company"
pursuant to Sections 215.473 or 215.4725, Florida Statutes. Contractor represents and
certifies that it is not, and for the duration of the term of the Agreement, will not be
ineligible to contract with City on any of the grounds stated in Section 287.135, Florida
Statutes. Contractor represents that it is, and for the duration of the term of the
Agreement will remain, in compliance with Section 286.101, Florida Statutes.
(b) Public Entity Crime Act. Contractor represents that it is familiar with the
requirements and prohibitions under the Public Entity Crime Act,Section 287.133, Florida
Statutes, and represents that its entry into this Agreement will not violate that Act.
Contractor further represents that there has been no determination that it committed a
"public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not
been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether Contractor has been placed on
the convicted vendor list.
(c) Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Contractor shall provide City with an affidavit attesting that Contractor does not use
coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes.
8. This Amendment shall become effective upon complete execution by the Parties.
9. This Amendment may be executed in multiple originals and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same agreement.
Second Amendment to Foster Marine Progressive Design Build Page 2 of 3
CITY
CITY OF B TON BEACH
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Second Amendment to Foster Marine Progressive Design Build Page 3 of 3
ATTACHMENT 8-B
Second Revised Contract Provisions for Coronavirus State and Local Fiscal
Recovery Funds (SLFRF) 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/contractors, and to comply with the provisions of the award, the SLFRF implementing
regulation, 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 REOUIREMENTS
1. Administrative,Contractual,and Legal Remedies
The following provision is required if the Agreement is for more than$150,000.In addition to any of the remedies
described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions
of this Contract,including any Federal or State statutes,rules,or regulations,applicable to this Contract,the Non-
Federal Entity may take one or more of the following actions.
A. Temporarily withhold payments pending correction of the deficiency by the Recipient.
B. 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.
C. Wholly or partly suspend or terminate this Contract.
D. 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. Eoual Onnortunity 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:
A. 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:
i. 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.
B. 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.
C. 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 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
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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.
D. 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.
E. 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.
F. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rides, 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.
G. 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.
H. The Recipient will include the portion of the sentence immediately preceding paragraph(I)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. 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 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.
5. 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.
6. Clean air Act(42 U.S.C. 7401-7671o.). the Federal Water Pollution Control Act(33 U.S.C. 1251-
13871.and EPA Regulations
If the Agreement is iii excess of$100,000,the Recipient shall comply with all applicable standards,orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q)and the Federal Water Pollution
Control
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Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part I5). Violations must be reported to the
Federal Awarding Agency and the Regional Office of the Environmental Protection Agency(EPA).
i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution
Act in each subcontract exceeding$100,000 financed in whole or in part with SLFRF funds.
7. Debarment and Suspension(Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the govemmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension."
8. Byrd Anti-Lobbving 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:
httns://anniv07.erants.eov/apply/fomes/sample/SFLLL 1 2 P-V I.2.ndf.
i. Grantees who apply or bid for an award of$100,000 or more shall file the required certification.
Each tier certifies to the tier above 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. Each tier shall also disclose any lobbying with non-federal funds that takes place
in connection with obtaining any federal award.Such disclosures arc forwarded from tier to tier,up
to the recipient.
9. 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.
10. Prohibition on Certain Telecommunications and Video Surveillance Services or Eauinment
The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or
obtain;extend or renew a contract to procure or obtain;or enter into a contract(or extend or renew a contract)to
procure or obtain equipment,services, or systems that uses covered telecommunications equipment or services
as a substantial or essential component of any system,or as critical technology as partof any system.See Section
889 of Public Law 115-232(National Defense Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471.
11. Domestic Preferences for Procurement
The Recipients and subrecipients must,to the greatest extent practical,give preference to the purchase,
acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR
200.322.
ADMINISTRATIVE
1. General Federal Regulations
Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et seq.
2. Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations,
which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212.
3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175)
Recipients,their employees,subrecipients under this award,and subrecipients'employees may not:
A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
B. Procure a commercial sex act during the period of time that the award is in effect;or
C. Use forced labor in the performance of the award or subawards under the award.
4. 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).
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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.
5. 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 teens 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.
6. Additional Lobbying Recmirements
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 50l(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.
7. Increasing Seat Belt Use in the United States
Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Grantee is encouraged to adopt and
enforce on-the-job seat belt policies and programs for its employees when operating company-owned,
rented or personally owned vehicles.
8. Reducing Text Messaging While Driving
Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Grantee is encouraged to adopt and enforce
policies that ban text messaging while driving and establish workplace safety policies to decrease accidents
caused by distracted drivers.
9. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
Where applicable,42 U.S.C.§§4601-4655 and implementing regulations apply to this Agreement.
COMPLIANCE WITH ASSURANCES
1. Assurances
Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal
Government during the Grant application process.
FEDERAL REPORTING REQUIREMENTS
I. FFATA
Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1,
2015,arc subject to the FFATA the Federal Funding Accountability and Transparency Act("HATA")of 2006.
The FFATA legislation requires that information on federal awards(federal financial assistance and
expenditures)be made available to the public via a single,searchable website,which is www.USASpending.gov.
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The Grantee agrees to provide the information necessary,within one(1)month of execution,for the Department
to comply with this requirement.
DEPARTMENT OF TREASURY-SPECIFIC
1. Civil Rights Compliance
Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to
nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities
receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate
on the basis of race,color,national origin,(including limited English proficiency),disability,age,or sex(including
sexual orientation and gender identity), in accordance with the following: Title Vi of Civil Rights Acts of 1973
(Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education
Amendments of 1972(Title IX), 20 U.S.C. 1681 et seq.,and the Department's implementing regulations, 31 CFR
28; Age Discrimination Act of 1975,Public Law 94-135, 42 U.S.C. 6101 et seq.,and the Department of Treasury
implementing regulations at 31 CFR part 23.
The Department of Treasury will request information on recipients' compliance with Title Vi of the Civil Rights
Act of 1964,as applicable,on an annual basis.This information may include a narrative descripting the recipient's
compliance with Title VI,along with other questions and assurances.
SLFRF-SPECIFIC
1. Period of Performance
The Department must obligate all funds from SLFRF by December 31,2024,and all such obligated funds must
be expended by December 31,2026.As such,the Contractor must submit all invoices by September 30,2026,
unless approved in writing by the Department.
2. Eauioment and Real Property Management
Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance
at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the
originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real
property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of
equipment or real property must also be in compliance with relevant laws and regulations.
SLFRF INFRASTRUCTURE PROJECTS
For all infrastructure projects,the Grantee shall provide the following project information on a quarterly basis
to the Department:
i. Projected/actual construction start date(month/year)
ii. Projected/actual initiation of operation date(month/year)
iii. Location details
SLFRF INFRASTRUCTURE PROJECTS OVER S10 IIIILLION
For infrastructure projects over S 10 million,the following provisions apply:
I. Wage Certification
Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance
of such project are paid wages at the rates not less than those prevailing,as determined by the
U.S.Secretary of Labor in accordance with the Davis-Bacon Act,for the corresponding classes of laborers and
mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in
which the work is to be performed. if the Grantee does not provide such certification,the Grantee must provide
a project employment and local impact report detailing:
i. The number of employees of contractors and sub-contractors working on the project;
ii. The number of employees on the project hired directly and hired through a third party;
iii. The wages and benefits of workers on the project by classification;and
iv. Whether those wages are at rates less than those prevailing.
Grantee must maintain sufficient records to substantiate this information upon request.
2. Project Labor Agreements
Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire
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collective bargaining agreement consistent with the section 8(f)of the National Labor Relations Act(29
U.S.C. 158(f)). if the Grantee does not provide such certification, the Grantee must provide a project
workforce continuity plan,detailing:
i. How the Grantee will ensure the project has ready access to a sufficient supply of
appropriately skilled and unskilled labor to ensure high-quality construction throughout the
life of the project;
ii. How the Grantee will minimize risks of labor disputes and disruptions that would
jeopardize timeliness and cost-effectiveness of the project;
iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs
associatedwith workplace illnesses, injuries,and fatalities;
iv. Whether workers on the project will receive wages and benefits that will secure and
appropriately skilled workforce in the context of the local or regional labor market;and
v. Whether the project has completed a labor agreement.
3. Other Renortine Reauirements
Grantees must report whether the project prioritizes local hires and whether the project has Community
Benefit Agreement,with a description of any such agreement,if applicable.
SLFRF WATER&SEWER PROJECTS
For water and sewer projects,Grantees shall provide the following information to the Department once the project
starts,as appliable:
i. National Pollutant Discharge Elimination System(NPDES)Permit Number, for projects aligned
with the Clean Water State Revolving Fund
ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State
Revolving Fund.
Attachment 8-B
6 of 6
Rev.6/27/2024