R16-111 1 RESOLUTION NO. R16 -111
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING THE CITY MANAGER TO SIGN THE
5 RECREATIONAL TRAILS PROGRAM GRANT AGREEMENT AND
6 ALL DOCUMENTS FROM THE FLORIDA DEPARTMENT OF
7 ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $28,500;
8 AND PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, on April 21, 2015, the City Commission, via Resolution R15 -04,
12 approved City staff to apply for a Recreational Trails Program Grant which was a 50/50
13 matching grant that provides up to a maximum of $200,000 for construction or development
14 of a non - motorized single or diverse use trail, which includes non - motorized blueway trails;
15 and
16 WHEREAS, the Recreation & Parks Department has been awarded the grant in the
17 amount of $28,500 to purchase and install a floating dock and non - motorized vessel launch
18 at Intracoastal Park; and
19 WHEREAS, the launch will enable canoe, kayak and paddle board users to safely
20 and more conveniently launch their non - motorized vessels into the Intracoastal Waterway.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 Section 2. The City Commission approves and authorizes the City Manager to sign
27 the Recreational Trails Program Grant Agreement and all related documents from the Florida
28 Department of Environmental Protection in the amount of $28,500 to provide a non - motorized
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29 vessel launching facility and floating dock at Intracoastal Park. A copy of the Grant Agreement
30 is attached hereto as Exhibit "A ".
31 Section 3. This Resolution shall become effective immediately upon passage.
32 PASSED AND ADOPTED this 0 day of Sit , 2016.
33
34
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor — Steven B. Grant
40
41 Vice Mayor — Mack McCray r/
42
43 Commissioner — Justin Katz
44
45 Commissioner — Christina L. Romelus tr-
46
47 Commissioner — Joe Casello
48
49
50 VOTE
51
52 ATTEST:
53
54 �
55 , %� L f
56 Judi.' A. Pyle, CMC
57 Int m City Clerk
58
59
61 (Corporate Seal)
62 ' r
63 m
_S
$5T� k dad •
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0-p.•,,, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
4° ° Notice of Limitation of Use/Site Dedication
p C
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.
''.^..,"� 1 %.traby certify that this Ea a tr uo
;Ad correct Copy as ft appears in the Recording Instrument Information:
records of the CEty of Boynton Beach.
.et , 4_ 1 , q „f/i 11111111111111111111111Illi111111111111111111
GITEztC DA Er c_F-N 20180373184
OR BK. 30153 PG 07 i_
Required Signatures: RECORDED 09/28/2018 16:07:55
Palm Beach Counts, Florida
Sharon R. Bock►CLERK & COMPTROLLER
Pss 0757 - 814; (58Rss)
Original Ink Notarized Signature
Park Name: Intracoastal Park
This Notice of Limitation of Use/Site Dedication gives notice that the Real Property identified in
the project boundary map and legal description, attached hereto as Exhibit"A" (the "Property"),has
been acquired by or developed with financial assistance provided by the Federal Highways
Administration, through the Department of Environmental Protection, under the following grant
program:
Recreational Trails Program(RTP):
In accordance with section 260.016, F.S. and chapter 62S-2 F.A.C., subsection 62S-2.076 and the
following constitutes the general site dedication requirements for program compliance:
SITE DEDICATION- "Land owned by the grantee, or, in the case of a nonprofit grantee a
governmental entity, which is developed or acquired with RTP funds, shall be dedicated for
ninetynine (99) years as an outdoor recreational site for the use and benefit of the general public.
Land under control other than by ownership of the grantee such as by lease, shall be dedicated as an
outdoor recreation area for the use and benefit of the general public for a minimum of twenty-five
(25) years from the completion date set forth in the project completion certificate. The lease must
not be revocable at will; must extend for twenty-five (25) years after project completion date; and
must contain a clause which enables the grantee to dedicate the land for the twenty-five(25) year
period. The dedication must be recorded in the public property records by the grantee, or in the case
of a nonprofit grantee,by the land owner."
If the project sponsor should convert any part of the project area or the facilities thereon, to other
than DEP approved recreational uses, the project sponsor shall replace the area and facilities at its
own expense with a DEP approved project of comparable or greater scope and quality.
DEDICATOR
OY:
e9
Original signature Witness
Printed Name: Qu e.e S �f A
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Printed Name:
tri �Verr�erc� (i, _t �- �� ,t� - .4. iL dO
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n Witness 4
Title: U r Marla ez Printed Name: hits • _1 • - , ubOfmoo
STATE OF FLORIDA COUNTY OF re%
The foregoing instrument was acknowledged before me on
by ._tis l_�. V fns0-1_,e- nally known to me or wl redtteed-
as identification.
at�Y
P149,0SHAYLA S.ELLIS �J~ ��
MY COMMISSION#GG 031774 ►a��"
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Stamp: EXPIRES:September 19,2020 r
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Notary Public, State of Florida
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DEP AGREEMENT NO. T1531
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RECREATIONAL TRAILS PROGRAM
AGREEMENT FOR FISCAL YEAR 2016 -2017
Intracoastal Park Trailhead
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.) between the
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department ") and the
CITY OF BOYNTON BEACH, whose address is 100 East Boynton Beach Boulevard, Boynton Beach,
Florida 33435 (hereinafter referred to as "Grantee "), a local government agency, in furtherance of an
approved public recreational trail project known as Intracoastal Park Trailhead, Project Number T15031.
Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party". For
purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably.
WHEREAS, the Department is authorized to administer the Recreational Trails Program (RTP), in
accordance with 23 United States Code (U.S.C.) §206 and Paragraph 260.016(1)(8), F.S.; and,
WHEREAS, the Department received federal financial assistance from the U.S. Federal Highway
Administration (FHWA) pursuant to Federal -Aid Project Agreement No. RECT015 for the purposes of administering
RTP funds for recreational trail' projects; and
WHEREAS, pursuant to Chapter 62S -2, Florida. Administrative Code (F.A.C.), as recommended by the RTP
Advisory Committee's priority list and with final approval by the FHWA, the Grantee is a subrecipient of the RTP
federal funds being administered and monitored by the Department. Thus the Grantee and Department are additionally
responsible for complying with the appropriate federal guidelines in performance of the Project activities pursuant to
this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein and pursuant to paragraph
§260.016, F.S. and Chapter 62S -2, F.A.C., the parties hereto agree as follows:
1. TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, more fully described in Attachment A, Project Work Plan, including all attachments and
exhibits named herein, which are attached hereto and incorporated by reference. The Grantee acknowledges
that receipt of this grant does not imply nor guarantee that a federal, state or local permit will be issued for a
particular activity. Further, the Grantee agrees to ensure that all necessary permits are obtained prior to
implementation of any grant- funded activity that may fall under applicable federal, state or local laws.
Administrative Forms, Reimbursement Forms and guidelines referenced in this Agreement may be found at
httn:// www .dcp.state.tl.iisluwtiurants/ or by contacting the Department's Grant Manager.
Prior to commencement of Project, the Grantee shall submit to the Department for approval all documentation
and completion of responsibilities listed on the Commencement Documentation Checklist, OGT-1 1,
incorporated herein by reference. Upon satisfactory approval by the Department, the Department will issue
written notice to proceed to the Grantee to commence the Project. The Grantee shall commence Task
Performance within ninety (90) days after the notice to proceed is issued by the Department, unless the
Grantee requests an extension in writing for good cause such as natural disaster, which the Department may
accept or reject in its sole discretion.
DEP Agreement No. T1531, .,Page 1 of 19
Approved: 6/13/16
The Department shall terminate this Project Agreement if the Commencement - Documentation is not received
and approved by the Department within twelve (12) montbs of this Project Agreement's execution. This time
period may extended by the Department for good cause, such as natural disaster pursuant to Subparagraph
62S-2.075(7)(d)3, P.A.C.. Unless and until the Department issues written notice of approval authorizing
Grantee to commence the Project, Grantee shall not incur not charge, and the Department shall not be
obligated to pay or reimburse Grantee for fees, cost, or general expenses of any kind, which incurred during
the commencement approval period except for pre - agreement costs as more fully described pursuant to
paragraphs 62S- 2.075(3)(a) -(b), F.A.C.
The Grantee agrees to dedicate for ninety-nine (99) years the Project Site(s) and all land within the Project
boundaries, which is developed or acquired with RTP funds, as an outdoor recreational area for the use and
benefit of the general public in accordance with Rule 62S- 2.076, F.A,C. Land under-control other than by
ownership of the Grantee such as by lease, shall be•dedicated as an outdoor recreation area the use and
benefit of the general public for a minimum of twenty -five (2'5) years from the completion date set forth in
the - Project Completion. Certificate. The lease must not be revocable at will; must extend for twenty- five- (25)
years after project completion date; and must contain a clause which enables the Grantee to dedicate the land
for the twenty -five (25) year period. The dedication must be recorded in the public property records by the
Grantee, or in the case of a nonprofit Grantee, by the land owner. Execution of this Agreement by the
Department constitutes an acceptance of a Project site(s) dedication on behalf of the general public of the
State of Florida. The Project site(s) shall be open at reasonable times and shall be managed in a safe and
attractive manner. The Grantee shall obtain Department approval prior to any and all current or future
development of facilities on the Project Site(s), which is defined in subsection 62S- 2.070(37), F.A.C. This
Agreement is not transferable:
2. PERIOD OF AGREEMENT:
This Agreement shall begin upon execution by both parties and shall remain in effect no later than two years
from the effective date of this Agreement, inclusive. At the written request of the Grantee, the Department
may extend this period for good cause such as financial hardship, public controversy, material shortage,
unexpected weather conditions, or other major factors beyond the Grantee's control. The Grantee shall be
limited to two (2) one-year extensions, which requires -A formal -Amendment to this Agreement. All funds
not disbursed after four (4)years-shall revert to FHWA pursuant to paragraph 62S- 2.075(7)(a), F.A.C.. The
Grantee shall be eligible-for reimbursement for work performed on or after the date of execution through the
expiration date of this Agreement, except for those pre - agreement expenses as more fully defined in
subparagraphs 62S- 2.075(3)(a) -(b), and as further provided for herein,
3. FUNDING /CONSIDERATION /INVOICING:
The Grantee shall be eligible for authorized reimbursement, in whole or in part, for costs pursuant to RTP
guidelines, and approved pre - agreement costs, through the expiration date of this Agreement, provided that
the cost(s) meet all requirements and financial reporting of the RTP program and, rules and regulations
applicable to expenditures of State funds, hereby adopted and incorporated by reference.
A. As consideration -for the satisfactory completion of services rendered by the Grantee under the terms
of this Agreement, the Department shall pay the Grantee on a cost- reimbursement basis up to a
maximum of $28 towards the total estimated project cost of $57,000. The parties hereto
understand'and agree that this Agreement requires -at least a 50% match on the part of the Grantee.
Therefore, the Grantee is responsible for providing $28,500 through cash or in -kind service cost
towards the Project funded under this Agreement. The Grantee will report all expenditures -that are
funded under this Agreement to the Department in the Payment Request Summary Form, DRP -115,
incorporated herein by reference, and provide supporting documentation. RTP funds remaining after
termination of a grant award or completion of project shall revert to the State's program funds under
the provisions of the federal Transportation Equity.Aet for the 21" (TEA -21) and subsection
62S - 2.075(6). F.A.C. Any additional funds necessary for the completion of this Project are the
responsibility -of the Grantee.
DEP Agreement No. TI531, Page 2 of 19
Approved: 6/13/16
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
A Change Order to this Agreement is required 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 A, are less than ten percent
(10%) of the total budget as last approved by the Department All Change Orders are
subject to the mutual agreement of both parties as evidenced in writing.
ii. 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 A, exceeds or is expected to exceed ten percent (10 %)
of the total budget as last approved by the Department. All Amendments are subject to the
mutual agreement of both parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each Deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Payment Request
Summary Form, DRP -115. To be eligible for reimbursement, costs must be in compliance with
Iaws, 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:l /www.myfloriclacfo.com /nadir %reference tuide/. All invoices for amounts due under this.
Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A
final payment request should be submitted to the Department sixty (60) calendar days following to
the completion date of the Agreement, to assure the availability of funds for payment.
D. Project Costs, Pre - Agreement Costs and Cost Limits: Payment of project costs shall be reimbursed
as provided for pursuant to Rule 62S- 2.075, F.A.C., and as provided in this Agreement. Costs shall
be incurred between the effective date of, and the project completion date identified in, this
Agreement except for pre - agreement costs approved by the Department. Costs for appraisals.
appraisal review, surveys (boundary and topographic), title searches and project signs are eligible
project expenses. Project planning expenses, such as application preparation, architectural and
engineering fees, permitting fees, and project inspection, are eligible project costs provided that such
costs do not exceed fifteen (15) percent of the total Project cost.
E.. The State Chief Financial Officer requires detailed,supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment B, Contract Payment Requirements. The .Payment Request Summary . Form,
DRP -115, shall be accompanied by supporting' documentation and other requirements as follows for
each deliverable: Reimbursement shall be limited to the following budget categories:
Salaries/Wages (Grantee Labor) —The Grantee may be reimbursed for direct salaries or
multipliers (i.e., fringe benefits, overhead, indirect, and /or general and administrative rates)
for Grantee's employees, as listed in the Grantee's submitted and approved Detailed
Budget to be established in Attachment A, Project Work Plan, Task 1.
ii. Overhead/Indirect/General and Administrative .Costs -- 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 on the
excessive charges shall be calculated based on the prevailing rate used by the State Board
of Administration.
DEP Agreement No. TI531, Page 3 of 19
Approved:, 6/13/16
a. Fringe Benefits(FmployeeBenefits) — ShaUbe calculated at the rate up to 40% of
direct salaries.
b. indirect Cos — Shaft be calculated at the rate nf\5Y6of direct cost.
i i| 'Contractual (3oht000noojm)— Reimbursement requests 6r payments to subcontractors
must be substantiated by opies of- invoices with hockopd000.nonmtiuo identical to that
required from the Grantee. Subcontracts which iuVuhepnymonm for direct salaries shall
dvudyidcudh/thop*,onnnu|iovo}veJ
All' �� multipliers. used (i.e., fringe benefits, yvcrhoud, indirect, and/or general and
'administrative rates) shall be supported lay 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 on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. For fixed-price
(vendor) subeontracts, the following provisions shall apply:
n The Grantee may award, on a competitive hoaio, fixed-price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the DcpurVnontfbr fixed-price subcontracted activities
shall he supported with a copy of the subcontractors invoice and a copy of the
tabulation form for the competitive procurement propes (IC., Invitation to Bid
or Request for Proposals) resulting in the fixed-pdeosuhc*otraot
b. The Grantee-may request approval from the Department to ward a fixed-price
subcontract resulting from procurement methods other than those identified
herein, 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 Sdope
of 8ervitvo to be performed by the subcontractor. Upon receipt of the
Department Grant Manager's approval of the fixed-price. arnouht, the Grantee
may proceed in finalizing the fixed-price subcontract.
All subcontracts are subject to the provisions of paragraph 13 and any .other
appropriate provisions of this Agreenient which affect subcontracting activities.
iv. Rental/Lease of Equipment — Include copieS of invoices or receipts to document charges.
v.
Equipment — (Capital outlay costing $1,000 or more) — Reimbursement for the purehase of
equipment is subject to specific approval of the Department and is governed by Paragraph
23 vf this Agreement. Include copies of invoices or receipts to document authorized
purchases, if applicable.
vi. Other Expenses (Direct Purchases: Materia1 and Supplies. Grantee St�ck)— For example,
mateho\s, auppJiex, oon'rxe|odud phone *zpenoeu, ropmdocdvu, mailing, and other
expenses must be documented by itemizing and including copies of receipts or invoices.
Additionally, independent of the Grantee's -contr ct obligations to its subcontractor, the
Department shall not reimburse aily of the follbwing types of charges: cell phone usage,
attorney's fees, civil or administrative penalties, or handling 6,00, such as set percent
overages associated 'with purchasing supplies or equipment.
F. In addition to-the invoicing requirements contained herein, the Department will periodically request
proof ofa transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the
Agreement pursuant to State and Federal guidelines (including cost allocation 8pidc|ine0,:as
appropriate. This information, when requested, must be provided within thirty (30) calendar days of
• such request. The Grantee:may also be required to submit -a cost allocation plan to the Department
D8P Agreement No. Tl53l, Page 4of|Y
Approved: 6/13/16
in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits).
Slate guidelines for allowable costs can be found in the Depai tuient of Financial Services' Reference
Guide for State Expenditures at hill,: ! /nmvw.mvfloridacto.conu /nadir /reference wide /; allowable
costs for Federal .Programs, awarded prior to December 26, 2014, can be found under 48 Code of
Federal Regulations (CFR) Part 31 and 45 CFR Part 74, Appendix E,.at httpitwww.cclr.cov and
OMB Circulars A -87 (2 CFR 225), A-122 (2 CFR 230), A -2I (2 CFR 220); and administrative
requirements can be found in OMB Circulars A -102 and A -110 (2 CFR 215) at
lug : / /www.w=hitehouse.uoviomh/ circulars /index.html?:`numerical; for all Federal Programs awarded
after December 26, 2014, allowable costs and uniform administrative requirements can be found
under 2 CFR 200 and 2 CFR 1201, at http: / /www.ecfr.eov.
G. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs. For purposes of this Agreement, the following cost principles are
incorporated by reference.
For Federal Awards made PRIOR to December 26, 2014
Organization Type Applicable Cost Principles
State, local or Indian tribal government. OMB Circular A -87 (2 CFR 225)
Private non - profit organization other than an (I) OMB Circular A -122 (2 CFR 230)
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A -122 as not
subject to that circular.
Education Institutions OMB Circular -A -21 (2 CFR 220)
For -profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles
organization named in OMB A- 122.as not subject and Procedures, or uniform cost
to that circular. accounting standards that comply with
cost principles •acceptable to the federal
agency.
Hospital 45 CFR Subtitle A - Appendix E to Part
74- Principles for Determining Costs
Applicable to Research and Development
Under Grants and Contracts with
Hospitals
For Federal Awards made AFTER December 26, 2014
Organization Type Applicable Cost Principles
State, local or Indian tribal government. 2 CFR Part 200 Uniform Administrative
Requirements,Costs, Principals and Audit
Requirements'for Federal Awards
Private non -profit organization other than an (1,) 2 CFR Part 200 Uniform Administrative
institution of higher education, (2) hospital, or (3) Requirements, Costs, Principals and Audit
organization named in 2 CFR Part 200, Appendix Requirements for Federal Awards
VIII.
Education Institutions 2 CFR Part 200 Uniform Administrative
Requirements, Costs, Principals and Audit
Requirements for Federal Awards
For - profit, organization other than -a (1.) hospital or 48 CFR Part 31, Contract Cost Principles
(2) education institute. and Procedures, or uniform cost
accounting standards that 'comply with
cost principles acceptable to the federal
agency.
Hospital 2 CFR 200 and 45 CFR Subtitle A Tart 75
DEP Agreement No. TI 531, Page 5 of 19
Approved: 6/1 3/16
H. i. 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.
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
payments) are received from the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. 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. 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 payment(s) are recovered by the Grantee to
the date repayment is made to the Department by the Grantee.
I. The federal funds awarded under this Agreement must comply with The Federal Funding
Accountability and Transparency Act ( FFATA) of 2006. The intent of the FFATA is to empower
every American with the ability to hold the government accountable for each spending decision.
The end result is to reduce wasteful spending in the government. 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.aov. Grant Recipients
awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010
are subject, to the, FFATA. The Grantee agrees to provide the information necessary, over the life
of this Agreement, for the Department to comply with this requireineht
J. If the total cost ofthe project exceeds the grant.amount, and/or the required match, as applicable,
the Grantee must pay the excess cost.
4. ANNUAL APPROPRIATION:.
The Department's performance and obligation to award program grants are contingent upon an annual
allocation by the FHWA and /or appropriation by the Florida Legislature. The Department shall distribute
RTP funds as reimbursement grants to applicants eligible pursuant to subsection 62S- 2.071(1), F.A.C.. The
parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization
for continuation and completion of work and payment associated therewith may be rescinded with proper
notice at the discretion of the Department if federal funding and/or Florida Legislative appropriations are
reduced.or eliminated.
5. REPORTS:
The Grantee shall utilize the Project Status Report, DRP -I09, incorporated herein by reference, to describe
the work performed during the reporting period, problems encountered, problem resolutions, schedule
updates and proposed work for the next reporting period. The Project Status Reports shall be submitted to
the Department's Grant Manager no later than May 5, September 5 and January 5. The Department's Grant
DEP Agreement No. TI531, Page 6 of 19
Approved: 6/13/16.
Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the
Grantee.
6. RETA [NAG E:
The Department shall retain ten percent (10°%) of the grant until the Project has been completed and approved
by the Department. Upon completion of the Project and prior to the release of the final payment, the Grantee
shall complete and submit all documentation described in the Project Completion Documentation Checklist,
incorporated herein by reference, pursuant to RTP requirements as set forth in subsection 62S- 2.075(5),
• F.A.C.
The Department shall perform an on -site inspection of the project site to ensure compliance with the project
agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior to
disbursement of final payment.
7. PROJECT COMPLETION CERTIFICATION:
Project completion means the project is open and available for use by the public; Project must be designated
complete prior to release of final reimbursethcnt. In order to certify completion, the Grantee shall submit to
the Department a Project Completion Certificate, OGT -14, effective date May 1, 2001, . hereby incorporated
by reference and available from the Department's Office of Operations, Land and Recreation Grants Section,
3900 Commonwealth Boulevard, Mail Station 550, Tallahassee, Florida 32399 -3000, (850) 245 -2501 or
online at http: / /ww v.dep.state.fl.usigwt /grants!.
8. INDEMNIFICATION:
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.
9. DEFAULT/TERMINATION /FORCE MAJEURE:
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written
notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for termination..
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar day's written notice. If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. 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.
C. Records made or received in conjunction with this Agreement are public records. This Agreement
may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in
conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section
24(a), Article I, Florida Constitution.
DEP Agreement No. T1531, Page 7 of I9
Approved: 6/13/16
D. If a, force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing' ofthe.anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee's intended timetable for implementation of such measures. If the parties agree that the
delay or. anticipated delay was caused, or will be caused by a force majeure, the Department may,
at its discretion, extend the time for performance under this Agreement for a period oftime equal to
the delay resulting from the force -rhajeure upon execution of an .amendment to this. Agreement.
Such agreement shall be confirmed by letter from the Depattnient accepting, or if necessary,
modifying the extension. A force..majcure shall bean aet of God, strike, lockout, or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion;
failure to receive timely necessary third patty approvals through no fault of the Grantee; and any
other cause, whether of the kind specifically enuiiterated herein or otherwise, that is not reasonably
within the control of the Grantee .and /or the Department. The Grantee is responsible for the
performance of all services issued under this Agreement. Failure 'to perform by the. Grantee's
consultant(s) or subcontractor(s) shall not-constitute 'a force majeure event,
10. REM EDIES /FiNANCiAL.CONSEQUENCES:
A. No payment will be made for deliverables deemed unsatisfactory by the Department. in the event
that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the
services needed for submittal of a satisfactory deliverable,-at no additional cost, to the Department,
within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory
deliverable is not submitted within the specified titheframe, the Department may, in its sole
discretion, either: 1) tenhinate this Agreement for failure to perform, or 2) the Department Grant
Manager may, by letter specifying the failure of performance under this Agreement, request that a
proposed Corrective Action Plan (CAP) be submitted by the Grantee to'the Department. All CAPs
must be able to be implehtented and perfonned in no more than sixty (60) calendar days..
i, A CAP shall be submitted within ten ('l0) calendar days of the date of the letter request
from the Department: The CAP shall be sent to the Department 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 front receipt of the Department
letter rejecting the proposal to submit a revised proposed CAP. 'Failure to obtain the
Depattnient approval of a CAP as specified above shall result' in the Department's
termination of this Agreement for cause as authorized -in this Agreement.
IL 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
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 Depattnient
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 Department Grant Manager.
iii. Failure to respond t� 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.
The remedies set forth above are not exclusive and the Department reserves the right to exercise
other remedies in addition to.or in lieu of those set forth above, as permitted by the Agreement.
DEP Agreement No. T1531, Page 3 of 19
Approved: 6/1.3116
•
13. If the Grantee materially fails to comply with the terms and conditions of this Agreement. including
any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may
take one or more of the following actions. as appropriate for the circumstances.
Temporarily withhold cash ,payments pending correction of the deficiency by the Grantee.
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. matching
iii.
Wholly or partly suspend or terminate this Agreement.
iv. Withhold further awards for the project or program.
v. Take other remedies that may be legally available.
vi. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension
Or after termination of the Agreement are not allowable unless the;Departmcnt expressly
authorizes them in the notice of suspension or termination, Other Grantee costs during
suspension or after termination which are necessary and not reasonably avoidable are
allowable if the following apply.
a. The costs result from obligations which were properly incurred by the recipient
before the effective date of suspension or termination, are.not in anticipation,of it,
and in the case of termination, are noncancellable.
b. The cost would be allowable if the Agreement were not suspended or expired
normally at the end of the funding period in which the termination takes place.
C. If the Grantee, materially fails to,comply with the terms stated in this Agreement or Chapter 62S -2,
F.A.C., the Department shall terminate this Agreement and demand return of the program funds
(including interest). If the Grantee, fails to comply with this provision, the Department shall declare
the Grantee ineligible for further participation in RTP until such time as compliance has been
obtained pursuant to subsection 62S -2.076 (4).
The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689 issued by the President of the United States..
11. RECORD KEEPING /AUDIT:
A. 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 United States Department of Transportation (U.S, DOT), the
FHWA, U.S. DOT Office of Inspector General, the Comptroller r General of the United, States, the
Department of Environmental Protection, 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 Agreement completion..In the event any work is subgranted or subcontracted,.the Grantee
shall similarly require each subgrantee and subcontractor to maintain and allow access to such
records for audit purposes.
B. The Grantee agrees that if any litigation, claim, or audit commences before the expiration of the
record retention.period established above, the records shall be•retained until all litigation, claims or
audit findings involving the records,have been resolved and final action taken.
C: Records for real property and equipment acquired with Federal funds shall be retained for five (5)
years following' final disposition.
:DEP Agreement No. T1531, Page 9 of 19
Approved: 6/13/16
D. The Grantee. understands its duty, pursuant to Section 20.055(5), -F.S., to cooperate with the
Department's 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 Grant, if any,
impose this requirement, in writing, on its subcontractors:
E. The rights of access in this paragraph are not limited to the required retention period but last as long
as the records are retained.
12. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding paragraph, the. Grantee shall comply with the
applicable provisions contained in Attachment C, Special Audit Requirements, attached hereto
-and made a part hereof. Exhibit 1 to Attachment C summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment C. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at
(850) 245 -2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and /or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and /or state) identified in Attachment C, Exhibit
1 when making its determination. 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:V\apps. fldfs.comn \fsaa
C. For federal financial assistance, if the Grantee is a For - Profit entity then it is exempt from the
Federal Single Audit Act provisions contained in Attachment C, Special Audit Requirements,
pursuant to.2 CFR §200.501(h). For state financial assistance, if the Grantee is one of the following
entities: a district school'hoard, charter school, Florida College System Institution (including a
community college), public university, government outside of Florida, or a Federal agency,' then it,
is exempt from the Florida Single Audit Act provisions contained in Attachment C, Special Audit
Requirements, per Section 215.97, F.S., Florida - Single Audit Act.
The Grantee, should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
13. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager, except for-certain fixed -price subcontracts pursuant to paragraph 3.E.
of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed
subcontract to the Department within ten (10) calendar days after execution of the subcontract.
Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed
under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements
included in any subcontract and ,agrees to be responsible for the payment of all monies due under
any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable
to any subcontractor for any expenses or liabilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
DEP Agreement No. .T1531, Page 10 of'19
Approved: 6/13/16
B. The Department supports diversity in its procurement program and requests that all subcontracting
opportunities afforded by this Agreement embrace diversity enthusiastically. The award of
subcontracts should reflect the full diversity of the of the State of Florida. A list.ofminority
owned firms that .could be offered subcontracting opportunities may be obtained by contacting the
Office of Supplier Diversity at (850) 487 -0915.
C. The Grantee agrees to comply with the procurement requirements contained in 23 CFR § 172.5 for
its selection of subcontractors.
14. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction. services in which
50 percent or more of the cost will be paid from state - appropriated funds which 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:
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.
B. For any competitive solicitation that 'meets the criteria in Paragraph A... 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 Paragraph. A.
15. SIGNAGE:
The Grantee must erect a permanent information sign on the project site which credits funding or a portion
thereof, to the Florida Department of Environmental Protection and the Recreational Trails Program. The
sign must be made of appropriate materials, which will be durable for a minimum of twenty -five (25) years
after the project is complete. The sign must be installed on the project site and approved by the Department
before the final project reimbursement request is processed.
16. LOBBYING PROHIBITION:
A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on
behalf of theGrantee, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the-awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
13. if this Agreement is for more than $100,000 and if any funds other than Federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the Grantee shall complete and stibimit Attachment D, Standard Form-
ELL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof, if applicable),
in accordance with the instructions. If this Agreement is for less than $100,000, this Attachment
shall, not be required and shall be intentionally excluded from this Agreement..
DEP Agreement No. T153 I, Page 11 of 19
Approved: 6/13/16
C. The Grantee shall require thatthe language of this certification be included inthe documents
for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans.
and cooperative agreements) and thatall subrecipients certify accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty' of not less than $10,000 and not
more than $100,000 for each such failure.
E. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of
the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless
such organization warrants that it does not, and will not, engage in lobbying activities prohibited by
the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant
to- approved revolving loan programs or to contracts awarded using proper procurement procedures.
F. In accordance with Section 216.347, F.S.. the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a
'state agency, Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries,
travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive,
judicial, or quasi-judicial department shall be used by any state employee or other person for
lobbying purposes.
17. COMPLIANCE WITH LAW:
The Grantee shall comply with all applicable federal, state and local rules and regulations in performing
under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to,
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
18. NOTICE:
All notices and written communication between the parties shall be sent 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. Any and all notices required by this Agreement shall be delivered to
the parties.at the addresses identified under paragraph 19.
19. CONTACTS:
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is;
Pamela Lister or Successor.
Community Assistance Consultant
Florida Department of Environmental Protection
Office of Operations
Land and Recreation Grants Section
3900 Commonwealth Boulevard, MS# 585
Tallahassee, Florida 32399
Telephone No.: '(850) 245 -2065
Fax No.: N/A
E -mail Address: Pamela.Lister@dep.state.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is:
DEP Agreement No. T1531, Page 12 of 19
Approved: 6/13/16
Wally Majors or Successor
Recreation, and Parks Director
City of Boynton Beach
100 East Boynton Beach Boulevard,
Boyton Beach, Florida 33435
Telephone No.: (561) 742 -6255
Fax No.: (561) 742 -6233
E -mail Address: IvlajorsWP,bbfl.us
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to paragraph 3.B should include the updated Grant Manager information.
20. INSURANCE:
A. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub - grantee,
or Grantee's contractors. Such insurance shall include the State of Florida, the Department, and the
State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds
for the entire length of the Agreement.
B. Coverage may be by private. insurance or self - insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall
contain a provision that the insurance will not be canceled for any reason except after thirty (30)
calendar'days' written notice (with the exception of non - payment ofpremium, which requires a 10-
calendar -day notice) to the Department's Grant Manager. If the Grantee is self-funded for any
category of insurance, then the Grantee shall provide documentation that warrants .and represents
. that it is self - funded for said insurance, appropriate and allowable under Florida law, and that such
self - insurance offers protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee.
i. Workers' Compensation Insurance is required for all employees connected with the work
of this project, Any self-insurance or insurance coverage shall comply fully with
the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
ii. Commercial General.Liability insurance is required, including bodily injury and property
damage. The minimum limits of' liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability insurance is required, for all claims which may arise
from the services and /or operations under this Agreement, whether such services and /or
DEP Agreement No. T1531, Page 13 of ] 9
Approved: 6/13/16
operations are by the Grantee or any of its contractors. The minimum limits of liability
shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company -
Owned Vehicles, if applicable
$300,000 Hired and Non -owned Automobile Liability Coverage
iv. Other Insurance may be required if any work proceeds over or adjacent to water, including
but not limited to Jones Act, Longshoreman's and Harbormaster'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
(htt 1: / /www.dol.cov!owc ) /dllrnc /lscontac.htm) or to the parties' insurance carrier.
21. 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. As required by 2 CFR §200.112, the
FHWA has established a Conflict of Interest (CO!) policy for disclosure of conflicts of interests that may
affect FI-IWA financial assistance awards. The COI policy is available at the following website and is
applicable to individuals and non - Federal entities requesting and receiving FHWA financial assistance on or
after December 26, 2014: httn: / /www.fliwa. dot., ov ;aaa /,eneraltermsconditions,efin
22. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee /subcontractor is considered 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.
23. ' EQUIPMENT:
Reimbursement for equipment purchases are not authorized under this Agreement.
24. QUALITY ASSURANCE REQUIREMENTS:
Projects receiving federal funding must comply with the National Environmental Policy Act (NEPA), which
provides a framework for environmental analyses, reviews, and consultations. NEPA's process "umbrella"
covers a project's compliance with all pertinent federal environmental laws. The Grantee's compliance with
the Florida Department of Transportation's Project Development and Environmental Manual (PD &E
Manual), hereby incorporated by reference, constitutes compliance with NEPA standards as more fully
implemented pursuant to subsection 62S -2.074 (1), F.A.C.
25. DISCRIMINATION:
A. 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. In accordance with FHWA
requirements (49 CFR §26.13), the Grantee, subrecipient or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this Agreement. The Grantee
shall carry out applicable requirements cif 49 CFR Part 26 in the award and administration of DOT -
assisted contracts. Failure by the Grantee to carry out these requirements is a material breach of this
DEP Agreement No. TI531, Page 14 of 19
Approved: 6/13/16
Agreement. which may result in the termination of this Agreement or stich' other remedy as the
recipient deems appropriate. hich may include, but is not limited to:
Withholding monthly progress paynients:
ii Auseoinemmominm:
iii Liquidated dai)iages: and/or
iv. Disqualifying the Grantee from future bidding as non-responsible,
B. Facilities or programs funded in. wholeor in part by RTP ftnds shall be made available to the geieral
public of all of the member counties on a non-exclusive basis without - regard to race, color, religion,
age, sex or similar condition.
C. An entity or affiliate who has. been placed on the discriminatory vendor list pursuant to secbuo
287.134, RS., may mit submit a bid on a contract to provide goods or services to .a public entity,
may not submit hid on a contract with a public entity for the construction or repair ofa public
building or public work, May not submit bids on leases nf real property /o,u public rnti;/.. may not
award u,perform work ua ucon\momr,ouppUur, subcontractor, arconsultant under contract with
nny nuhl entity,.atid may not transact business with any pnblic entity.. The Florida Department o[
Management Services is responsible for Maintaining the discriminatory vendor list and posts the list
on its website. Questions regarding the di'scriminatory vendor list may be dircted to the Florida
Department ofManagementServices, Office of Supplier Diversity, at (850) 487-091
D. Granreeagrees to comply with the Americans With Disabilities Act (42USC § 12[01. v/^e4.),
where appliablc, which prohibits discrimination by public and private entities on the basis of
disability in the r areas of employment, public accommodations, transportation, State and local
government services, and in telecommunications.
B. Grantee must identify Any products that may be used or adapted for use by visually, hearing,
or other physically impaired individuals,
26. LAND ACQUISITION:
Land acquisition is not authorized under the terms ofhis Agrement.
27. D8BARNlENlDSNSPEN8I,DNr:
In accordance with Exctitjve Order 12549, Debarment and Suspension (2 CFR 180 and 12U0).io«"udkythe
Prcoidvnto[theDuitedQmtco,dhuGnmtruugrocaaodoonifi*atbn/uciUherit,00rdoph?oiyah.isp,cxondy
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transactiOn by any Federal department or agency; and, that the Granteeshall notknowingly enter into
tier
front participating inUkisoovem:8 The
Grantee shall include the language of this sectiOn in .all .subcontramS or lower tier agreements executed to
support the Grantee's work under this Agreement.
28. COPYRIGHT, PATENT AND TRADEMARK:
A. The FHWA and the Department, rus*rvc a rnyu|ty-free, nonexclusive, and irrevocable license to
reproduce, publish.or otherwise use, and to authorize others to use, for federal and state government
puq°ooS:
DEP/\gmom*m No. T|53\,
Apph/vod:6/!3'116
The eopyriahlin any work developed under a.grant,,subgrant,.or contract under a grant or
subgrant.
ii
Any right or copyright to which a grantee, siibgrantee. or a contractOrptirChases ownership
• with grant support.
iii
All patent rights, copyrights and data rights musibe in accordance with 37 CFR Part 401
and 35 QIC.y200'l2.00applicable.
B. An aeknowledaernent of FHWA suppOrt and udisclaimer must appear in any publication of any
material whether copyrighted or not, based on or developed undr the Agreement. in the following
terms:
"This material is based upon work supported by the Federal HighwaY Administration under
Agreement N^. RECT0l5.^
All mmoio|smumu|oocvo�iu�c[bUu��n
� following:
'%Aoyoyiniou findings, and conclusions or recommendations expi'essed in this publication
are those of the author(s) and do not necesarily sarily reflect the view of the Federal Highway
Administration."
u/. CONTRACT PROVISIONS ANDREGmLAT]ONS'
The Gran agrees to comply with, and include in subcontracts and subgratts, the provisions contained
both Attachment E. Federal Contract Pmri,ivno,00d.A,mu`m,ot F, Required Contract Provisions,
FHWA-1273, both attached hereto and made upunhenu[ In addition, the GtTanteeacknowledges that the
applicable regulations listed in Attachment G Regulations, attached hereto and made a |mrtkeumf,dboU
apply 16 this Agreement.
30. PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect work being
performed tinder this Agreement. including by any of the following methods:
A. 'Grantee shall provide ocom,muoy location or facility on which Grantee is performing wo't, or
storing or staging eqitipment, materials or documents;
B. Grantee shall' permit in`pnchoo of any faoU|ty. oqoiPment, practices, or -operations required, in
performance of any wor pursuant to thisAgreetnent; and
C. Grante shall allow and facilitate sanijling and monitoring of any substances, soils, materials or
parameters at any iou9huo reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
31. PUBLIC RECORDS ACCESS:
A. Grantee bd| comply with Florida Public Chaplet )|Y,F.S. Records made or
received in conjunction with this Agreement are public records under Florida jaw, as defined in
Section 1l0.011(12) P.S. Grantee Shall 'keep and maintain public records required by the
Department tQ perform the servi000uder this Agreetnent.
B. Thiu.&greem*ntmuyhcuoJutera\|yconn;|odby[koDvpumnmtKnn:fom|hyUhpGmntonmoi/her
provide to the Department upon request, br to allow inspection and copying of all public records
made or received by the Grante in conjunction with this Agreement and stbject to disclosure under
Chapter ilO and Section 24a). Article l. Florida' Constitution.
DEP Agreement No. T\5J|.Page 16 of 19
Approved: 6/13/16
C. If Grantee meets the definition of "Contractor" found in Section 119.0701(])(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency], then the following requirements apply:
Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requested records, the Department shall immediately notify the
Grantee of the request, and the Grantee moist provide the records to the Department or
• allow the records to be inspected or copied within a reasonable time. If Grantee fails to
provide the public records to the Department within a reasonable time, the Grantee may be
subject to penalties under s. 119.10, F.S.
ii.. Upon request from the Department's custodian of public records, Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
iii. Grantee shall identify and ensure that all 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 Agreement term and following completion of the Agreement
if the Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement. If the Grantee transfers all
public records to the Department upon completion of the Agreement, the Grantee shall
destroy any duplicate public records that are exempt or confidential and exempt from
public disclosure requirements. If the Grantee keeps and maintains public records upon
completion of the Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records that are stored electronically must be •provided to
Department, upon request from the Department's custodian of public records, in a format
that is accessible by and compatible with the information technology systems of
Department.
D. IF T' # E GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECOt'1 IS
RELATING TO THIS AGREEMENT, CONTACT THE
1�EPARTMENT'S CUST IDIAN PUsL LIC RECORDS by
telephone at (850) 245 -2118, by email at
ombudsman @dep.siate.f7.us, or at the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
DEP Agreement No. T1531, Page 17 of 19
Approved: 6/13/16
32. SCRUTINIZED COMPANIES:
In executing this Agreethent, the Grantee (or affiliate, subcoritraCtOr) tertifies that it is 'not listed on the'
Scrutinized Companies with Activities in . Sudan List, the Scrutinized Companies with Activities in thelran
Petroleum Energy Sector List, and/or Scrutinized CoMpanies With Activities in Israel List (eff. 10.1.2016),
created pursuant to section- 215,473, F.S. Pursuant _to subsection 287.135(5), F.S., the Grantee (or affiliate,
subcontractor) agrees the Department may immediately terminate- this Agreement for cause if the Grantee
(or affiliate, Subcontractor) is found to have submitted a false certification or if the Grantee (or .affiliate,
subcontractor) is placed on the Scrutinized Companies list during the term of the Agreement,
33. EXECUTION IN COUNTERPARTS:
This Agreement, and any Arnendments or Change Orders thereto, may be exeuted in two or nior
counterpans, each of which to h k 1|kvJe
one and the same instruiient. /n the oven( any signature iyUc|ivc,od6y facsimile transmission ur.hy e-
mail deUvrryofa'!9df'
party executing (or on whose behalf such signature is executed) with the same force.and effect as, if such
facsimile or ".pdf" signature page were an original thereof
34' SEVERABILITY CLAUSE:
This Agreement has been delitefcd i thq State of Florida and shall be conser.ied in ccordance with the laws
pfFhddu Wherever possible, each provisioii of this Agreement shall be interpreted in such manner as to be
effectiveand valid under effectiveand valid under applicable law, but if any provision of thisAgrement shall b.eprohibited or invalid
.ondo,u»p\ieah|c law, such prova|$o shall be inmffeetivo to the extent of such prohibition or invalidity,
without inr^Sdating:the/unundetofopobpmviaionucthvremuiniog pro\iiions of this Agreement. Any
action hereon or in connc1ion herewith shalJ be brought in LeonCounty. Florida.
35. ENTIRE AGREEMENT:
This Agreement represents' the entire agreement .of the parties. Any alterations variations, change S,
Modifications or waivers of provisions of this Agreementshall only, be valid wthen they have been reduced
to writing, duly signed by each of .the parties' hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
•
DEP Agreement No. Tl5J|. Page |8.o[l0
Approved: 6/13/16
•
last writtenIN bWe'<'loI'ft�. ESN>I'ITEREOF.the parties have caused this Agreement to be duly executed,the day and year
w
CITY OF BO3'NTO!'BEACH STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTA 1.PROTECTION
Signature of Pe n r inliorized to Sign Secretary o designee
Lori LaVerriere Tpe
Print Name and Title Print Name e.and Title
Date: September 15, 2016 Date: Ica -:5 t.
100 E Boynton Beach Blvd
Address: Boynton Beach FL 33435
Wt
Attest z 't c C,C� ! ! 4'-_
Ey , •''' Judith A. Pyle a .
4
t r r t /. z T C)Nr.
r Approved as to font and legality:
,
Granit •'ttorne}' DEP A orney
FEIDNo.:59-0000282
For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement.
a resolution,statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement.
List ofattacimients/exhibits included as pan of this Agreement:
Specify Letter/
Type Number Description
Attachment A Project Work Plan(2 Pages)
Attachment A Contract Payment Requirements(1 Page)'
Attachment C Special Audit Requirements 15 Pages)
Attachment IC Disclosure of Lobbying Activities(2 Pages)
Anachment E Federal Contract Provisions(7 Paces)
Attachment.. P Reouired Contract Provisions.-FHWA-I271112Pages)
Attachment G Regulations(1 Page)
DEP Agreement No.T1531,Page 19 of 19
Approved:G/13/16
ATTACHMENT A
PROJECT WORK PLAN
RECREATIONAL TRAILS PROGRAM (RTP)
Project Name: Intracoastal Park Trailhead
Grantee Name: City of Boynton Beach
RTP Project #1 TI5031
SUMMARY: The Grantee shall complete the Project Element(s), which were approved by the Department through the RTP Application Evaluation Criteria, pursuant to Florida
Administrative Code (F.A.C.), Chapter 62S -2 and the FHWA Recreational Trails Program interim Guidance Manual. All work must be completed in accordance with local, state
and federal laws, the approved Project plans, all required permits, the Florida Building Code and, as applicable, the Manual of Uniform Minimum Standards for Design, Construction
and Maintenance for Streets and Highways ( "Florida Greenbook "). Prior to issuance of a Notice to Proceed, the Department must receive evidence of and have approved all
Deliverables in Task 1.'
The Project is designated complete by the Department upon receipt and approval of all deliverables and when project site is open and available for use by the public for outdoor
recreation purpose. Ten percent (10 %) of the payment request will be retained until the Project is designated complete by the. Department. The final payment of the retained 10%
will be processed within 30 days of the Project designated complete by the Department.
For the purpose of this Agreement, the terms "Project Eletnent "'and "Project Task" are used interchangeably to mean an identified facility within the Project.
The project is located at 2240 North Federal Highway, Boynton Beach, FL and is a Nonmotorized / Single use project.
Budget: Reimbursement for allowable costs for the Project shall not exceed the maximum grant award amount outlined below. Required match will be provided by cash or in -kind
services and shall be supported by the same level of detail for match as for reimbursement. The total estimated project cost provided below is based on the approved RTP Application.
A detailed project budget will be provided in the Deliverables for Task 1, prior to the Department providing the Notice to Proceed. All final project costs shall be submitted to the.
Department with the payment request.
Maximum Grant Award Amount: $28,500
Required Grantee Match Amount: $28,500
Total estimated Project Cost: $57,000
Match Ratio: 50 :50
Scope of Work/Tasks within Deliverable Deliverables Due 'Date Financial Consequences
TASK 1 DELIVERABLE I
___, _
la, Development of Site Plan The Grantee will be given Notice to Proceed upon receipt and The Department shall terminate the
approval of: 180 Days after project agreement if the .required
1 b. Completion of Project. Development and * All applicable project specific Commencement Execution of deliverables are not submitted and
Environmental Survey (PD &E) documentation, Form OGT -I 1' Agreement approved by the Department.
lc. Completion of Permitting 0 Schedule of Values Form, with supporting Bid
Documents and /or In -House Cost Schedule(s)
•
DEP Agreement No. T1531 Attachment A Page l of 2
Template Approved 5- 31 -16, Revised 7/12116
I d. Completion of Construction Bid Process Project planning expenses, such as application preparation,
and /or In -House Cost Schedule(s) architectural and engineering fees, permitting fees, project
Ie. Certified Survey and Legal Description of inspection, and other similar fees are eligible for
Project Site reimbursement. However, reimbursement, if requested, shall
not to exceed 15% of total project cost, and shall be invoiced
upon Project completion, in accordance with the Payment
Request Schedule.
TASK 2 DELIVERABLE 2
Permitting, purchase and installation of 24' X 24' Upon receipt and approval of Failure to perform any percentage of this
floating dock with kayak launch and accessible a All applicable project. specific Completion Due 60 days prior deliverable will result in a reduction in
to the expiration reimbursement of an equal percentage of
transfer system. Purchase and installation of trail documentation, Form OGT -13 of this the total deliverable amount and subject
P
signage; (1) eductional, (1) recognition. Purchase o Final status report Agreement. to the match percentage.
J
and installation of native plants and shrubs.
The Grantee may request reimbursement for allowable
budgeted expenses and costs pursuant to Paragraph 3.A. of the
Agreement that are directly related to the successful
completion of construction and/or development of the Project
Site. Reimbursement shall not exceed the Grant Award
Amount, less any reimbursement requested for Deliverable I,
and shall be invoiced upon Project completion, in accordance
with the Payment Request Schedule. Ten percent (10%) of the
payment request will be.retained until the Project is designated
complete by the Department.
Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables -to.verify'compliance with the
requirements for funding under the Recreation Trails Program (RTP); approved plans and application approved for funding. Upon review and written acceptance by the
Department's Grant Manager of the Project Completion Certification and the Deliverables, the Grantee may proceed with the payment request submittal.
Payment Request Schedule:
Following Department approval of all Project Deliverables, the Grantee may submit a single payment request on Payment Request Summary Farm (DRP -115) along with
all required documentation, including DRP -1 I6, DRP -117, DRP -11 -8, DRR120, and/or DRP -119, as applicable, to support payment. A payment request submitted as part the reimbursement process must correspond with the detailed budget and supporting documents provided under Task I The payment request must include documentation
regarding the match source, as required,
Endnotes:
1., RTP documentation is available at http: / /www.dep. state .il.us /awtigrants/ and /or from the Office of Operations, Land and Recreational Grants Section, State of Florida
Department of Environmental Protection, 3900 Commonwealth Boulevard, M,S. 585, Tallahassee, Florida 32399 -3000.
2. Project Agreement is subject to termination if commencement documentations under Task I are not received and approved by the Department within 12 months of the
Project Agreement Execution.
3. This time may be extended within the parameters of the RTP and /or FHWA federal guidelines, upon written request of the Grantee and approval by the Department.
DEP Agreement No. T1531 Attachment A, Page 2 of 2
Template Approved 5- 31 -16, Revised 7/12/16
ATTACHMENT B
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) ,Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe' benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel- must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A- 1,017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: if the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web - address: http_ / /www.fldfs.com /aadir /reference euide.hun
DEP 55 -219 (05/2008)
DEP Agreement No. T1531, Attachment B, Page' 1 of 1
ATTACHMENT C
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 na 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 I 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 -I33,. 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 (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 20,0, 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.efda.gov
DEP Agreement No. T1531, Attachment C, Page 1 of 5
PART 1I: 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 1I, paragraph I; 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 ofsuch 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 littps://apps.ildfs.com/fsai for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
Iltp:11wW ti leg. state.fl. /Welconne;iindex State of Florida's website at itttp: / /www,myfloricla.coml,
Department of Financial Services' Website at htth:f /www.ildit,com/ and the Auditor General's Website at
http:11wws.v.state.fl.us/audii,en.
PART HI: OTHER AUDIT REQUIREMENTS
('NNTOTE: This part would be used to specify any additional audit requirements imposed by the Stale awarding entity
that are solely a matter of that State awarding entity's policy (1.0., the audit is not required' by Federal ar Stale 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 ofState f nancial assistance that are in addition to audits conducted
in accordance with Section 275.97, 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:
DEP Agreement No. TI531, Attachment C, Page 2 of 5
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSinaleAudit @depp.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 h ttp : /iharvester.census.eovlfacweb/
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:
FDEPSinr leAuditedep.state.tl.us
3. Copies of financial reporting packages required by PART 11 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
DEP Agreement No. TI531, Attachment C, Page 3 of 5
Electronically:
l~ DEPSinale Audittu>dep.state.ti.us
B. The Auditor General's Office at the following. address:
State of Florida Auditor General
Room 401, Claude'Pepper Building
III 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 thefollowing
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Jnspeetor General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSingicAudit!n}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 cotnpliance 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
DEP Agreement No. TI531, Attachment C, Page 4 'of 5
EXHIBIT -1
FUNDS AWARDED. TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
Original U.S. Department of
Agreement Transportation — Federal. 20.219 Recreational Trails Program $28.500 1410185
Highway Administration
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
Total Award ( $28,500 J
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.
DEP Agreement No, T1531, Attachment C, Page 5 of 5
ATTACHMENT D
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities'pursuant to 31 U.S.C. 1352 0348-0046
(See for .public burden disclosure.)
1. Type.of Federal ActiOn: 2. Status:of Federal Action: 1 Report Type:
contract Fla.. bid/offer/application' 1 a. initial filing
b, grant l b, initial award - b. material change
c, cooperative agreement c. post-award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
0 prime D Subawardee and Address of Prime:
Tier if known:
Congressional District, if known : 4 c Congressional District, if known :
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known : 9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (inclu"dinj address if
( if individual, last name, first name, Ml): different from No. 10a)
,(last name, first name, MI'):
Information requested through this fonn is authorized by title 31 U.S.C. section Signature:
1352. This disclosure of lobbying activities is a material 'representation of fact
upon which reliance was placed by the tier above when this transaction was made or
entered Into. This disclosure Is required pursuant 10 31 L.I.S.6„1i52, This Information Print Name:
will be availaole for public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penally of not less than.S10,000 and riot more Itie
than 5100,000 for each such failure.
Telephone No.: Date:
Authorized for Local Reproduction
Federal Use Only;
Standard Form LLL (Rev.7-97)
DEP Agreement No. T153 I , Attachment D,.Page 1 of2'
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof
Congress, or an ernployeeof a lvtemberof Congress in connection with a covered Federal action. Completeall items that apply for both the filing and material
change report. 'Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action.for'which.lobbying activity ,i.:and/or has been secured to influence the outcome of a covered Federal action,
2: identify the status of the Federal action.
3. Identify the appropriateclassification of,this report. if this is' a followup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by, this reporting entity for this covered Federal
action,
4, Enter the full name, address, city, State and zip code of the reporting entity: Include Congressional District, if known. Check the appropriateclassi ication
of the reporting entity that designates if it is, or expects to be; a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee
of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the 'full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known,
6. Enter the of the Federal agency making the award or loan commitment. Include at least one organizationallevel belowagency name, if known. For
example, Department of Transportation United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of. Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for'the 'Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;.
Invitation for Bid (IFB) number; grant. announcement number :'the contract, grant', or loan award number; the application /proposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP- DE -90- 001,"
9. For a covered Federal action where there has been an award or loan commitment by the' Federal agency, enter.the' Federal amounrof the award /loan
commitment for the entity Identified in item 4 or 5.
10. (a) Enter the full name, address, city State and zip code of thelobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered action.
(b) Enter the full names the individual(s) performing services, and include full address if different from 10.(a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print his /her name. title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 034E -0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering.and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other 'aspect of this. collection of
information, including suggestions for reducing this burden, to the Office. of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington,
DC 20503.
DEP Agreement No. TI 531, Attachment 0, Page 2 oft
ATTACHMENT E
Federal Contract Provisions
All contracts awarded kyo,cei,pirxt. in@q6iug„:mall purchases, shall contain the foI1oving provisian as
applicable:
i Rights-to Pu(ends
made under this - assistance agreement att subjeet to federal patent and licensing regulations, which
are eodified Title 37 CFR Part 401 and Title 35.U.S.C. Sections ,200 through212. Ptirsuant to the
Bayli-Dole Act (set forth in 35 §200 through212), Federal Highway Administration (FEIWA )
retains the tight to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to
practice the ihvention owned by the assistance agreement bolder, as defined in -the Act. To
streamline-the' invention reporting process and to facilitate compliance with the Bayh-Dole Act, the
recipient must utilize the Interagency Edison extramural invention reporting system at
http://iEdison.gov. Annual utilization reports must be submitted throuah the system, The recipient
is.required to notify the Project Officer identified on the award document when an invention report,
patent report. or utilizatiOn report is filed at http://iEdison.gov, FHWA elects not to require the
recipient to provtde a report prior to the ciOse of a funding agreement listing all subject
inventions or stating that there were none.
In uecntdunoc with Executive Order 12591, as ameudvd, government owned, and operated
laboratories can enter into cooperative research and development agreements with o8er8edcm|
laboratories state and local governments, universities, and the private sector, and license, assign, or
waive rights to intellectual property "developed by the laboratory either under such cooperative
research or development agreements and from within individual laboratories."
2. Copyrighted Material and Data - In accordance with 2CFK §2O0.]l5 and 23 CPD04ZO.|21.
FHWA has the right to reproduce, publish, use and authorize others to reproduee, publish and use
copyrighted works or other datadeveloped under tl)is assistance agreement for Federal purposes.
The Contractor may retain the entire right, title, and interest throughout thnvmdd tu oaJb subject
invention subjact to the provisions of this clause and 35 U.S.C. 203. With roopxotm any subject
invention in which the 'C�ntractor retaint title, the Federal government shall have a tioneclusive,
nontransferable, irrevocable, paid-up license, to practice or have practiced for or �n behalf of the
United Statstlie, subject invention throughout the w�rld (37 CFR §401:14).
]� C|cao Air Act (42 N.S:C. 7401 etoog.),Clean Water Act (JJ 1368), E.°. 11738, the
Federal Water Pollution Control AU, as am ended,(33 U.S.C. 1251 et seq.) and Environmental
Protection Agency Stan4ards - Contracts and snbgrants qf amounts in excess of $150,000 shall
contain a provision that requires the recipient to agreelo comply with all applicable standards, orders
o/ regulations issued pqmvmxto the Clean Air Act (42 U.S.C. 7401 et seq.),. Clean Water Act (33
D.S.C.116X). ll738 the Federal Water Pollution Control Act ae amended (3JV.3.C}25|ot
seq.), and Environmental Protection Agency regulations (40 CFR Part \J). Violations shall be
reported to the Federal awarding agency and the Regional Office'of the Environmental Protection
Agency (EPA).
4. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and subgrants
of amounts in excess of $100,000 shall contain a proviSion that requireS the recipient to agree to
^0nnp|y with all applicable standards, orders or regulations issued pursuant to Section 508 of the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe
Drinking Water Act (42 D.G.C. 30011'3(c)). Violations shall be reported to the Federal' awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
5. Compliance with all Federal statutes relating to nondiscrimination - These include bitt are not
limited to: (o) Title VInf the Civil Rights Act of|964(p.L88'352) which prohibits discrimination
on the basis of sex, race, color, and national origin, including Ea 12898 'FedcraI Actions to
Address Environn,c,ital histice in Minority' Populations and Low-Income x6'oonx'`on6
13166 "Improving Access' to Services for Peov// with Limited English Proficiency (LJD9"; (b)
Section 504 of the Rehabilitation .Act of 1973, as amended (29 U.S.C, 795), which prohibits
discrimination against persons with. disabilities; (c) the Age Discrimination Act of 1975, as amended
(42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse
Office and Treatment Act of 1972 (P.L.. 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. 290 dd -3 and290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse
patient records: (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; (h) if an education program
is conducted under this agreement, Title IX of the,Education Amendments of 1972, which prohibits
discrimination on the basis of sex in education programs and activities; (i) any other
nondiscrimination provisions in the specific statute(s) made; and, 0) the requirements of any other
nondiscrimination statute(s) that may apply;
6. Compliance with Title VI of the 'Civil Rights •Act —The United States Department ofJustice under
Executive Order 12250 ( "Leadership and Coordination of Nondiscrimination Laws ) has been
directed to ensure the consistent and effective implementation of Title VI and other
Nondiscrimination requirements (including Environmental Justice and Limited English
Proficiency) by prohibiting discriminatory practices in Federal programs and programs receiving
federal financial assistance. Under the USDOJ's Civil Rights Division, the Federal Compliance
and Coordination Section (FCS) is responsible for providing assistance.and oversight to the Civil
Rights Offices of federal Agencies. The USDOJ's FCS has the following responsibilities:
Development of Guidance Documents; Offer two -day Title VI Training Course; Provide Technical
Assistance; Exercises Clearance Authority (review and clear certain federal agency documents);
Referrals for Litigation;, Reviews Implementation Plans; ;;Coordination and Clearinghouse. Upon
request, FHWA submits EO 12250 Reports detailing statistical. data from Title VI /EJ/LEP and
Section 504 /ADA Programs regarding such topics as Complaints, Pre- & Post- Awards, Technical
Assistance, Training, and Compliance/Monitoring Efforts.
7. Electronic and Information Technology Accessibility — Recipi'ents are subject to the program
accessibility provisions of Sections 504 and 508 of the Rehabilitation Act, codified in 40 CFR §7,
which included an obligation to provide individuals with disabilities reasonable accommodations
and an equal and effective opportunity to benefit from or participate in a program, including those
offered through electronic and information technology ("EIT"). Section 508 of the Rehabilitation
Act states that all electronic products produced by Government agencies must be accessible to
persons with disabilities, including those persons with vision, hearing, cognitive, and mobility
impairments. The Paper Reduction Act and FHWA require that printed publications must be
available in electronic format; final printed documents must provide minimum 508 Compliance
requirements. Section 508 affects all communication products published by FI-IWA in print or
electronic format. All FHWA publications must conform to the requirements outlined in Section
508 of the Rehabilitation Act and the U.S. General Services Administration (GSA) Federal IT
Accessibility Initiative (www.sectum508.uov). All electronic documents prepared under this
Agreement must meet the requirements of Section 508 of the Rehabilitation Act of 1973, as
amended. See www .access board.eov1508.htm for more information about Section 508 guidelines.
This information should be attached to all statement of work and contracts for preparing
publications, web sites, multimedia presentation, and other electronic communication products.
While Section 508 currently does not apply t� one -time purchases of $2,500 or less, compliance
with applicable accessibility standards is strongly encouraged.
8. Tangible Personal Property - Pursuant to 2 CFR 200.312 and 200.314, property reports, if
applicable, are required for Federally -owned property in the custody of a non- Federal entity upon
completion of the Federal award or when the property is no longer needed. Additionally, upon
termination or completion of the project, residual unused supplies with a total aggregate fair market
value exceeding $5,000 not needed for.any other Federally- sponsored programs or projects must be
reported. For Superfund awards :under Subpart O, refer to 40 CFR 35.6340 and 35.6660 for property
reporting requirements. Recipients should Millie the Tang ible PersonalProperty Report series
(SF -428) to report tangible personal property.
DEP Agreement No. T1531 Attachment E, Page 2 of 7
•
9. llotel- t'totel Fire Safety - Pursuant to 15 USC'2225a, the recipient agrees to ensure that all space
for conferences, meetings. conventions or training seminars funded in whole or in part with federal
funds complies with the "protection and control guidelines of the Hotel and Motel Fire Safety Act
(PL 101 -391. as amended).
10, Drug - Free:Workplace - Recipients organization of Depanment of Transportation (DQT), FHWA
assistance must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to
the specific requirements set forth in Title 49 CFR Part 32 Subpart 13. Additionally, in accbrdance
with these regulations,'the recipients must identify, all known workplaces under its federal awards,
and keep this information,on tile during the, performance of the award.
11. Resource Conservation and Recovery Act (RCRA) - Consistent with goal's of section 6002 of
RCRA (42 U.S.C. 6962), State and local institutions of higher. education, hospitals and non -profit
organization recipients agree to give preference in procurement programs to the purchase of specific
products containing recycled materials, as identified in 40 CFR Part 247.
Consistent with section 6002 of RCRA (42 U.S.C. 6962) and 2 CFR 200.322, State agencies or
'agencies of a political subdivision a State- and its contractors are required to purchase certain
items made from recycled materials, as identified in 40 CFR Part 247, when the purchase price
exceeds $10,000 during the course of a fiscal year or where the quantity of such items acquired in
the course of the preceding fiscal year was $10,000 or more. Pursuant to 40 CFR 247.2 (d), the
recipient may decide not to procure-such items if they are not reasonably available in a reasonable
period of time; fail to meet reasonable performance standards; or are only available at an
unreasonable price.
12. Compliance with 23 U.S.C. 112(a) which directs the Secretary of Transportation to require
recipients of highway construction grants to use bidding methods that are "effective in securing
competition," Detailed construction contracting procedures are contained in 23 CFR Part 635,
Subpart A.
13. Compliance with Section 3(a)(2)(C) of the Urban Mass Transportation Act of 1964,, as
amended (P.L. 88 - 365), prohibiting the use ofgrant or loan funds to support procurements utilizing
exclusionary methods,
14. Compliance with Section 105(0 of the Surface Transportation Assistance Act of 1982, Section
106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1.987, and 49
CFR Part 28 imposing requirements for the participation of disadvantaged business enterprises:
15. Section 308 of the Surface Transportation Assistance Act of 1982 and 49 U.S.C. 1068(b)(2),
authorizes the use of competitive negotiation for the purchase of rolling stock as appropriate. '23
U.S.C. 112(b) provides for an exemption to the competitive bidding requirements for' highway
construction contracts in an emergency
16. 23 U.S.G. 112 requires concurrence by the Secretary of Transportation before highway construction
contract can be awarded, except for projects authorized under the provisions of 23 U.S.C. 171.
17. 23 U.S.C. 112(e) requires standardized contract clauses concerning site conditions, suspension or
work, and material changes in the scope-of the work for highway construction contracts.
18. 23 U.S.C. 140(14 authorizes the preferential employment of Indians -on Indian Reservation road.
projects and contracts.
19. Compliance With 49 CFR §18.36(t) - Federal Highway Administration (FHWA) Urban Mass
Transportation Administration (UMTA), and the Federal Aviation Administration (FAA) grantees
and subgrantees shall extend the use of qualifications -based (e.g., architectural and engineering
services) contract collection procedures to certain other related areas and shall award such contracts
in the same manner as Federal contracts for architectural and engineering services are negotiated
under Title IX of the Federal Property arid Administrative Services Act of 1949, or equivalent State
(or airport sponsor for FAA) qualifications- based. requirements. For FHWA and UMTA programs,
this provision applies except to the extent that -a State adopts or has adopted by statute a formal
procedure for the procurement of such services.
DEP Agteentent No. T1531 Attachment E, Page 3-of 7
20. American Iron and Steel (Compliance with F.L. 11346),— The Consolidated Appropriations
Act of 2014 (Public Law 113 -76) includes an ,American iron and Steel (AIS) requirement. "Buy
America" provisions apply to steel and iron used in a "Federal -aid highway construction project ".
Based cm the definitions of "construction" in 23 U.S.C. §101 ( "all expenses incidental to the
construction or reconstruction of a. highway "...) and "project" ( "an undertaking "), the Buy America
provisions will not apply to most RTP projects. Except for the following: (a) if a trail project uses
steel I -beams for a bridge, "Buy America" might apply, but there is a threshold exemption — 0.1
percent of the contract or $2.500, whichever is greater (23 CFR §635.410(b)(4): (b)trail grooming
and maintenance equipment are not included in. the "Buy America" requirement, because trail
equipment is not a "construction project" and is not permanently incorporated into the final project;
and (c) trail signs might be considered part of a, project but.the costs for the signs would have to
exceed the -$2,500 threshold.
21. Section 165 of the Surface Transportation Assistance Act of 1982 (49 U.S.0 ; 1601), Section 337
of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 -CFR
Parts 660 and 661 impose "I3uy America" provisions.on the procurement of. foreign products.and
materials.
22_ Fly America Act (Compliance with 49 U.S.C. 40118) -- includes air travel and cargo transportation
services requirements. All air travel and cargo transportation services funded with Federal financial
assistance ate required to use United States flag carrier airlines. The only exception to this
requirement is transportation provided under.a bilateral or multilateral air transport agreement, to
which the U.S. Government and the government of a foreign country are parties, and which the
Department of Transportation has determined meet the requirements of the Fly America Act.
23. Compliance with 46 U.S.C. 1241(b)(1) and 46 CFR Part 381 — imposes cargo preference
requirements on the shipment of foreign made goods.
24. Compliance, if applicable, with 23 U.S.C. 114(b) — Convict Labor and Convict Produced
Materials) Federal law prohibits the use of convict labor for construction projects within the right -
of- way,of a Federal -aid highway. Under title23, all public roads are "Federal -aid highways ", except
those. that are functionally classified as. local roads or rural minor collectors. Therefore, if an RTP
project is within the right - of-way of a Federal -aid highway, convict labor shall not be used, If an
RTP project is not within the right -of -way of a Federal aid highway, then 23 U.S.C. 114 (b) does
not apply, and the State may use its State procedures with regard to convict labor, RTP funds may
be used to pay for construction costs incurred by- convict labor for projects which are not within the
right- of-Way of a Federal highway. In determining the value of convict labor, States should note
that the value of paid labor may not exceed the actual cost incurred by the State of local government
agency. Convict labor is not volunteer labor or donated labor (which may be valued, at- fair market
value).
2S. • Compliance with the requirements of Titles II and -III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for, fair and
equitable treatment of persons displaced or whose property is acquired as a result of' Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation 'in purchases.
26 Compliance with the provisions of the Hatch Act' (5 U.S.C. 1501 — 1508 and '7324 — 7328) that
limit the political activities of employees whose principal employment activities are funded in whole
or in part with Federal funds.
27. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special flood
hazard area to participate in the prograim and to purchase flood insurance if the total cost of insurable
construction and.acquisition is $10,000 or more.
28. Compliance with environmental standards which may be-prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act
of 1969 (P.L. 91 -190) and Executive Order 11514; (b') notification of violating facilities pursuant to
E.0: 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in
DEP Agreement No. TI531 Attachment E, Page 4 of 7
floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone Management Act of'1972 (16 U.S.C.
1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended
(P.L. 93 -523); (h) protection of endangered species under the Endangered Species Act of 1973, as
amended (P,L. 93 -205); (i) protection of coastal barriers under the Coastal Barrier Resources Act of
1982 (P.L. 97 -348); (j) protection and conservation of wildlife resources under the Fish and Wildlife
Coordination Act (16 U.S.0 661- 666c); (k) protection and conservation of migratory bird species
under the Migratory Board Treaty Act (16 U.S.C. 703 -712); (1) protection and conservation of
fishery resources under the Magnuson Stevens Fisher Conservation and Management Act (16
U.S.C. 1801- 1882); (m) protection of chemical, physical, and biological integrity of the Nation's
waters under Section 404 of the Clean Water Act (33 U.S.C. § 1251 et seq. (1972)); (n) if applicable,
application of the requirements set forth under the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C: 9601 et seq.); (o) implementation of measures to
minimize pollution impacts during project activities pursuant E.O. 12088; and' (p) implementation
of guidelines to identify and address the effects of noise on public health under the Noise Control
Act of 1972, as amended (42 U.S.C. 4901 et sq.); (q) prevention of the spread of invasive plant
species under. E.O. 13112; (r) protection of trail corridors and trail opportunities pursuant to E.O.
13195; and, (s) preservation of farmland under. the Farmland Protection Policy Act (7 CFR Part
658).
29. Compliance with E.O. 12898 . related 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.
30. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
31. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
32. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research,
development, and related'activities.supported by this award Of assistance.
33. Compliance With the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
34. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
35. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
36. Compliance with Geospatial Data Standards must be met by the Grantee under this Agreement.
All geospatial data created must be consistent with Federal Geographic Data Committee endorsed
standards. Information on these standards can be found at www.fizdc.aov.
37. Compliance with Nutrient Management Plans for Animal Feeding- Operations is 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 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.
38. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By accepting
funds under this Agreement, the Grantee agrees to implement the requirements of (g) of section 106
of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g).
DEP Agreement No. TI531 AttachmentE, Page 5 of 7
39. Registrations and identification Information, the Grantee agrees to maintain current registration
in the Central Contractor Registration (www.ccr_gov) System for Award Management (SAM) at all
times during which they have active project funded with these funds. A Dun and Bradstreet Data
Universal Numbering System (DLFNS) Number (wwv .dnb.com) is one of the requirements for
registration in the Central Contractor Registration.
40. 41 USC §4712, Pilot Program for Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection: This requirement applies to all awards issued after July I, 2013 and
shall be in effect until January 1, 2017.
.(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 (PL. 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.
41. Restrictions on Internal Confidentiality Agreements (U. DOT, FHWA General Terms and
Conditions for Assistance Awards, Effective Date: March 6, 2015): The Recipient shall not
require employees or subrecipients to sign internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subrecipients from reporting waste; fraud, or
abuse to a designated investigative or law enforcement representative of a Federal department or
agency authorized to receive such information
42. Financial Assistance Policy to Ban Text Messaging While Driving (75 Federal Register 60266,
as amended and E.O. 13513):
(a) Definitions. As used in this clause —
"Driving" — Means operating a motor vehicle on an active roadway with the motor running,
including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
Does not include operating a motor vehicle with or without the motor running when one has
pulled over to the side of, or off, an active roadway and has halted in a location where one can
safely remain.stationary.
"Text Messaging" — Means reading from or entering data into any handheld or other electronic
device, including for the purpose of short message service texting, e- mailing, instant messaging,
obtaining navigational information, or engaging in any form of electronic data retrieval or
electronic data communication. The term does not include glancing at or listening to a
navigational device that is secured in a commercially designed holder affixed to the vehicle,
provided that the destination and route are programmed into the device either before driving or.
while stopped in a location off the roadway where it is safe and legal t� park.
(b) This clause. implements Executive Order 13513, Federal Leadership on Reducing Text
Messaging while. Driving, dated October 1, 2009.
(c) The Applicant should —
i. Adopt and enforce policies that ban: text messaging while driving —(i) Company = owned' or
—rented vehicles or Government -owned vehicles; or (ii) Privately -owned vehicles when on
official Government business or when performing any work for or on behalf of the
Government.
DEP Agreement No. TI531 Attachment E, Page 6 of 7
ii. Conduct initiative in a manner commensurate with the sizd of the husiness, such as (i)
Establishment of new rules and programs' or re-evaluation of existina programs to prohibit
text mosxaging • while driving; and (ii) Educaion, awareness, and other outreach to
employees about the afety riss associated with texting while driving.
(d) Sub-agreements/sub-contracts. The Applicant shall ipsert the substance ofthiszlause, including
this paragraph (d), in all sub-agreement/sub-contracts that exceed the micro-purchase threshold
(S3.O0O per ]CFKy2OO.67, set 6y4XCPK Subpart 2.|).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
•
DEp&greooeot No. Tl53l Attachment G`9uge?o[7
FHWA -1273 -- Revised May 1, 2012
ATTACHMENT F
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID' CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in-these
II. Nondiscrimination' 'Required Contract Provisions maybe sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments, withholding-of final
IV. Davis -Bacon and Related Act Provisions payment, termination of the contract, suspension / debarment
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI, Subletting or Assigning the Contract
Vii. Safety: Accident Prevention 4. Selection of Labor: During-the performance of this contract,
VIII. False Statements Concerning Highway Projects the contractor shall not use convict-labor for any purpose
IX. implementation of Clean Air Act and Federal Water within the limits of a construction project on ,a Federal -aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Gavernmentwide Suspension and parole, supervised release, or probation. The term Federal -aid
Debarment Requirements highway does not include roadways 'functionally classified
Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A, Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal -aid construction contracts and to all
Road Contracts (included in Appalachian contracts only) related construction subcontracts of $10,000 or more.'The
provisions of 23 CFR Part 230 are -not applicable to material
supply, engineering, or architectural service .contracts.
I. GENERAL
In addition, the contractor and all subcontractors must comply
1. Forfn FHWA -1273 must be physically incorporated in each with the following policies: Executive Order 11246, 41 CFR 60,
construction contract funded under Title 23 (excluding 29 CFR 1625 -1627, Title 23 USC Section 140, the
emergency contracts solely intended for debris. removal). The - Rehabilitation Act of 1973, as amended (29 USC -794), Title VI
contractor (or subcontractor) must insert this form in each of the Civil Rights Act of 1964, as amended, and related'
subcontract and further require its inclusion in all lower tier regulations including '49 CFR Parts 21, '26 and 27; and 23 CFR
subcontracts -(excluding purchase orders, rental agreements Parts 200. 230, and 633.
and other agreements for supplies or services),
The contractor and all subcontractors must comply with; the
The applicable requirements of Form FHWA -1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1.4(b) and, for all construction contracts exceeding $10,000,
order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60 -4,3.
subcontractor, lower -tier subcontractor or service provider.
Note; The U.S. Department of Labor has exclusive-authority to
Form FHWA -1273 must be'included in all Federal -aid design- determine compliance with Executive Order 11246 and the
build contracts, in all subcontracts and in lower tier policies of the Secretary ofLabor including 41 CFR 60, and'29
subcontracts (excluding subcontracts for design services, CFR 1625 -1627, The contrecting.agency and the FHWA have
purchase.orders, rental agreements-and other agreements for the authority and the responsibility to ensure compliance with
supplies or services). The design - builder shall be responsible Title 23 USG Section 140, the Rehabilitation Act of 1913, as
for compliance by any subcontractor, lower -tier subcontractor amended (29 USC 794), and Title Vi of the Civil Rights Act of
or service provider. 1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
Contracting agencies may reference Form FHWA -1273 in bid
proposal or request for proposal documents, however, the The following provision is adopted from 23 CFR 230, Appendix
Form FHWA -1273 must be physically incorporated (not A, with appropriate revisions to conform to the U.S.
referenced) in all contracts, subcontracts and lower -tier Department of Labor (US DOL) and FHWA requirements.
subcontracts (excluding purchase orders,, rental agreements
and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment
construction contract). opportunity'(EEO) requirements not to discriminate and to take
affirmative action'to assure equal opportunity asset forth
2. Subject to the applicability criteria noted in the following 'under laws, executive - orders, rules, regulations (28 CFR 35,
section's, these contract provisions shall apply to-all work 29•CFR 1630, 29 CFR 1625 -1627, 41 CFR 60 and 49 CFR.27)
performed on the contract by the contractor's own organization and orders'of the Secretarybf Labor as-modified by the
and with the assistance of workers under the contractor's provisions prescribed herein; - and'imposed pursuant to.23
immediate-superintendence and to-all work performed on the 'U.S.C. 140 shall constitute'the EEO and specificaffi'rmative
contract by piecework, station' work, or bysubcontract, action standards for the, contractor's project activities under
DEP Agreement No. T1531, Attachtent F, Page 1 of 12'
this contract. The provisions of the. Americans with Disabilities d. Recruitment: When advertising for employees the
Act of 1990 (42 U.S.C. 12101 et seq;) set forth under 28 CFR contractor wilt include in all advertisements far employees the
35 and 29 CFR 1630 are incorporated by reference in this notation: "An Equal Opportunity Employer," All such
contract. In the execution of this, contract, the contractor advertisements-will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO: i which the project work force would normally be derived.
a. The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement, conduct systematic and direct
good faith effort to provide equal opportunity with respect boat! recruitment•through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities arid women. To
of activities under the contract. ' meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
b. The contractor will-accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration,
"It is the policy of this Company to assure that applicants '
are employed, and that employees are treated during b. In the event the contractor has a valid bargaining
employment, without regard to their race, religion, sex, color, agreement providing for exclusive hiring hall referrals, the
national origin, age or disability. Such action shall include: contractor is expected to observe the provisions of that •
employment, upgrading, demotion, or transfer; recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising; layoff or termination; rates of pay or compliance with EEO contract provisions. Where
other forms of compensation; and selection for training, implementation of such-an agreement has the effect of
including apprenticeship, pre- apprenticeship, and /or on -the- discriminating against minorities or women, or obligates the
job training." contractor to do same, such implementation violates
.Federal nondiscrimination provisions.
2. EEO Officer: The contractor will designate and make
'known to the contracting officers :an EEO Officer who will have c. The contractor will encourage its present employees to
the responsibility for and must be capable of effectively refer minorities and women as applicants for employment,
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees,
so.
5. Personnel Actions: Wages, working conditions, and
• 3. Dissemination of Policy: Alllmernbers of the contractor's employee benefits shall be- established and administered, and
staff who are authorized to hire, supervise, promote, and personnel actions - of every type, including hiring, upgrading,
discharge' employees, or who recommend such action, orwhe promotion, transfer, demotion, layoff, and termination, shall be
are substantially involved in such action, will be made fully taken without regard to race, color, religion, sex, national
cognizant of, and will implementithe contractor's EEO policy origin, age or disability. The-following procedures shall be
and contractual responsibilities to provide EEO in each grade followed:
and classification of employment, To ensure that the.above
agreement.wili be met, the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee. facilities
' do riot indicate discriminatory treatment of project -site
a. Periodic meetings of supervisory and personnel office 'personnel..
employees will be conducted before the of work and then
not less often than once every six months, at which time the b.. The contractor will periodically evaluate the-spreadof
contractor's EEO policy and its implementation will be wages paid within each classification lb determine any
reviewed and explained. The meetings will be conducted by evidence of.discliminatory wage practices.
the EEO Officer.
c. The contractor will periodically review selected personnel
b, All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough Indoctrination by the EEO Officer, covering discrimination. Where. evidence is found, the contractor.wiil
all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed, such
•corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the ' d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection
women. with its obligations under this contract, will attempt to resolve
' such complaints, and will take appropriate corrective action
d. Notices. and posters setting forththe contractor's EEO Within a reasonable time. If the investigation indicates that the
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant;
applicants for employment and,poteniialemployees. such.corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
e. The contractor's EEO policy procedures-to every-complainant of all Of their avenues of appeal.,
implement such will be broughtto the.attention of ;
employees by means of meetings, employee handbooks, or 6. Training and Promotion:
other appropriate means.
a. The contractor will assist in locating, qualifying, -and
i increasing the - skills- of minorities and women who are
DEP .Agreement No. T1'531, Attachment F, Page.2-of 12
applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under.. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause'an
b. Consistent with the contractor's work forcerequirements undue hardship.•
and as permissible under Federal and State 'regulations, the
contractor shall make full use ofjtraining programs, i.e., 9. Selection of Subcontractors, Procurement'of'llaterials
apprenticeship, and on- the -job training programs for the and Leasing of Equipment: The contractor shall not
. geographical area of contract performance. In the event a discriminate on the grounds of race, color, religion, sex,
special provision for training is provided under this contract, national origin, age or disability in' the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors, including procurement of materials and
special provision, The contracting agency may reserve leases of equipment. The contractor shall take all necessary
training positions for persons who receive welfare assistance .and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C. 140(a), administration of this contract.
c. The contractor will advise efmployees and applicants for a: The. contractor shall notify. all potential subcontractors and
employment of availabletrainingI programs and :entrance suppliers and lessors of their EEO obligations under this
requirements for each.
d. The contractor will periodically review the training and b. The contractor will use faith efforts to ensure
promotion potential of empioyees'who are minorities and subcontractor compliance with their EEO obligations.
womenand will,encourage eligible employees to apply for
such training •and promotion. 10. Assurance Requlred'by 49 CFR 26.13(b):
T. Unions: If the contractor reties in whole or in part upon a. The requirements of 49 CFR Part 26 and the State
unions as a source -of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT approved DBE•program are Incorporated by
increase opportunities for minorities and women. Action's by reference.
the contractor, either directly. or through a contractor's
association acting as agent, will ieclude the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
a. The contractor will use good faith efforts to develop, in
applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions, jointf, training programs aimed administration of DOT - assisted contracts. Failure by the
toward qualifying more minoritiesi and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills,of minorities and women of this contract, which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
1 deems•appropriate;
b. The contractor will use good faith efforts -to incorporate an 1 1.,Records and Reports: The contractor shall keep such
EE0 clause into each union agreement to the end that such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race, color, religion, sex, national origin, age or requirements. Such records shall be retained for a perlod.of
diisability, 1 three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of-the labor, union except that to, the representatives of the contracting agency and the FHWA.
extent such information Is within theexclusi?e possession of a: The records kept by the contractor shall document the
the labor union 'and such labor union refusesto furnish such following:
information-to the contractor, the. contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to 'obtain such inform Ition, (1) The number and work hours of minority and non -
minority group members and womenemployed in eachwork
d. In the event the union is unable to provide the contractor classification an the project;
with a reasonable flow of referrals within the time limitset forth (2) The. progress and efforts being made in coo eration
in the collective bargaining agreement the contractor wilt, O p g ress g p
through independent recruitment efforts; flit the employment' with unions, when applicable, to increase employment
vacancies Without to race,; color, religion, sex, national opportunities,for minorities and women; and
origin, age or disability; making full efforts to obtain qualified hir
, being made in i l
and effort
ss s efforts beocatinging,
and /or qualifiable minorities and Women. The failure of a union (3) The p training, qualifying, rogrogrere and upgrading be minorities and women; hi
to provide sufficient referrals (even though it is obligated to
provide' exclusive referrals under the terms of a collective b. The contractors and subcontractors will submit amannual
bargaining agreement) does not relieve en contractor the report to the contracting agency each July for the' duration of
practic e prev en ts.thact:th paa ragraph. in the eve contractor•from meeting the obli gatioonn s. . the project, indicating the number of minority, women, and
practice t union re
pursuant to Executive Order'11246, as amended, and these non - minority group employees currently engaged in each work
special provisions, such contractor shall immediately notify -the classification required,by the contract work. This information is
contracting agency. 1 to be reported on Form FHWA - 1391. The staffing'data should
represent the project work force'on,board in all or any part of
8. Reasonable Accommodation [ - for Applicants ! the last payrblt p preceding the end 'of July. ifon- the -job
Employees with Disabilities: The contractor must befamillar training is being r by special provision, the contractor
1
DEP Agreement No. T1 531, Attachment F, Page 3 of 12
will be required to collect and report training data. The of paragraph 1.d. of this section; also, regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period (but not
all or any part of the last payroll period preceding the end of less often than quarterly) under plans, funds, or programs
July. which cover the particular weekly period, are deemed to be
constructively made or incurred during, such weekly period.
Such laborers and mechanics shall be paid the appropriate
III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
This provision is applicable to all Federal -aid construction skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification
$10,000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race, color, religion, sex, or national origin cannot The wage determination (including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b. of this
use by written or oral policies no tolerate such use by section) and the Davis -Bacon poster (WH -1321) shall be
employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location, under the contractor's control, where it can be easily seen by the workers.
the facilities are segregated. The, term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas, b.(1) The contracting officer shall require that any class of
time clocks, restrooms, washrooms, locker rooms, and other laborers or mechanics, including helpers, which is not-listed in
storage or dressing areas, parking lots, drinking fountains, the wage determination and which is to be employed under the
recreation or entertainment areas, transportation, and housing contract shall be classified. in conformance with the wage
provided for employees. The contractorshall provide separate determination. The contracting officer shall approve an
or single -user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure privacy between sexes. therefore only when the following criteria have been met:
IV. DAVIS -BACON AND RELATED ACT PROVISIONS (i) The work to be performed by the classification
requested not performed,by a classification In thewage
determination; and
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The (ii) The classification is utilized in the area by the
requirements apply to all projects located within the right -of- construction industry; and
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as (iii) The proposed wage rate, including any bona fide
local roads or rural minor collectors, which are exempt. fringe benefits, bears a reasonable relationship to the
Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination.
other projects.
The following provisions are from' the U.S. Department of (2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
Labor regulations in 29 CFR 5.5 'Contract provisions and representatives, and the contracting officer agree on the
related matters" with minor revisions to conform to the FHWA- classification and wage rate (including the amount
1273 format and FHWA program requirements, designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
a. All laborers and mechanics employed or working upon representative, will approve, modify, or disapprove every
the site of the work, will be paid unconditionally and not less additional classification action within 30 days of receipt and
often than once a week, and without subsequent deduction or so advise the contracting officer or will notify the contracting
rebate on any account (except such payroll deductions as are officer within the 30 -day period that additional time is
permitted by regulations issued by the Secretary of Labor necessary.
under the Copeland Act. (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates less (3) In the event the contractor, the laborers or mechanics
than those contained in the wage of the, to be employed in the classification or their representatives,
Secretary of Labor which is attached hereto and made a-part and the contracting officer do not agree on the proposed
hereof, regardless of any contractual relationship which may • classification and wage rate (including amount
be alleged to exist between the contractor and such laborers designated for fringe benefits, where appropriate), the
and mechanics. contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the-Wage and Hour Administrator for
Contributions made or costs reasonably anticipated for bona determination. The Wage and Hour Administrator, or an
fide fringe benefits under section 1(b)(2) of the Davis -Bacon authorized representative, will issue a determination within
Act on behalf of laborer's or mechanics are considered wages 30 days of receipt and so advise the contracting officeror
paid to such laborers or mechanics, subject to the provisions
DEP Agreement No, T1 31, Attachment F, Page 4 of 12
will notify the contracting officer within the 30-day period that 'Bacon Act, the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan orprogram is financially responsible, and that the
(4) The wage rate (including', fringe benefits where plan or program has been communicated in writing to the:
laborers or mechanics affected, and records which show the
appropriate) determined pursuanfto paragraphs 1.b. (2) or costs' anticipated or the actual cost incurred'in providing such
1..b.(3) of this section, shatl.be paid to all workers performing benefits. Contractors employing apprentices or trairees under
work in the classification underthis contract from the first approved programs.shall maintain written evidence of the
day oriwhich work is performed in. the classification. registration of apprenticeship programs. and certification of
trainee programs, the registration of the apprentices and
c. Whenever the minimum wage rate prescribed in the trainees. and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs,
benefit which is. not expressed as an hourly rate, the contractor
shall either pay the benefit as stated Hi the wage determination b.(1) The contractor shall submit weekly for each week in
or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to
equivalent thereof. the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required do be
d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i), except that full social
other third person, the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to
reasonably anticipated in providing,bona fide fringe benefits include an individually identifying number for each employee (
under a plan or program, Provided, That the Secretary of e.g. . the last four digits of the employee's social security .
Labor has found, upon the written request of the contractor, number). The required weekly payroll information may be
that the applicable standards of the Davis -Bacon Act have submitted in any form desired. Optional Form WH -347 is
been met. The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at http:// www. dolgov /esa /whd /formsiwh347instr.htm
obligations.under the plan or program. or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
2. Withholding security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT, the FHWA or. the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor, withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract, or any other Federal requirements. It is not a violation of this section for a prime
contract with the same prime contractor, or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis -Bacon prevailing wage social security numbers to the prime contractor.for its own
requirements, which i held by the same prime contractor, so records, without weekly submission to the contracting agency..
much of the accrued payments of advances -as may be
Considered necessary to pay laborers and mechanics, . (2) Each payroll submitted shalt be accompanied by a
including apprentices, trainees, and helpers, employed by the "Statement of Compliance," signed by the contractoror
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract. in the event of failure to pay any payment of the persons employed under the contract and shall
laborer or mechanic, including any apprentice, trainee, or certify the following:
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as (i) That the payroll for the payroll period contains the
maybe necessary to cause the suspension of any further information required tb be provided under §5.5 (a)(3)(ii) of
payment, advance, or guarantee of funds until such violations Regulations, 29 CFR part 5, the appropriate information is
have ceased. being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
3. Payrolls and`basic records
(ii) That each laborer ormechanic (Including each
a: Payrolls and basicrecords relating-thereto shall be helper, apprentice, and trainee) employed on the contract
maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly
preserved fora period of three years' thereafter for all laborers wages earned, without rebate, either directly or indirectly,
and mechanics working at the site of the work. Such records and that no "deductions have been made either directly or
shall contain the name, address, and social security number of indirectly from the full wages earned, other than
each such worker, his or her correct classification, hourly rates permissible deductions as set forth in Regulations, 29 CFR
of wages paid (including rates of contributions or costs part 3;
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section I (b)(2)(B) of the
Davis -Bacon Act), daily and weekly number of hours worked, (iii) That,each laborer or mechanic has been paid not
deductions made and actual wages paid. Whenever the less than the applicable wage rates and fringe benefits 'or
Secretary of Labor has found under29'CFR 5,5(a)(1)(iv) that cash equivalents for the ; classification of work performed,
the wages of any laboreror mechanic :include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits tinder a incorporated into the contract.
plan orprogram described' in section 1(b)(2)(B).of the Davis -
DEP Agreement No. Ti 531, Attachment F, Page 5 of 12
•
(3) The weekly submission of a properly executed rate specified in the applicable wage determination.
certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH -347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the
"Statement of Compliance" required by paragraph 3.b,(2) of apprenticeship program does not - specify fringe benefits,
this section, .apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator - determines that a different
(4) The falsification of any of the above certifications may practice prevails for the applicable apprentice classification,
subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination.
prosecution under section 1001 of title 18 and section 231 of
title 31 of-the United States Code.
In the event the Office, of Apprenticeship Training, Employer
and'Labor Services, or a State Apprenticeship Agency
c. The contractor or subcontractor shall make the records recognized by the Office, withdraws approval of an
required under paragraph 3.a. of this section available, for apprenticeship program, the contractor will no longer be
inspection, copying, or transcription by authorized permitted to utilize apprentices at less than the applicable
representatives of the contracting agency, the State DOT, the predetermined rate for the work performed until an
FHWA, or the Department of Labor, and shall permit such program is approved.
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available. the.FHWA may, b. Trainees (programs of the USDOL).
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to Except as provided in 29 CFR 5.16, trainees will not be
cause the suspension of any further payment, advance, or permitted to work at less than the predetermined rate for the
guarantee of funds. Furthermore, failure to submit the required work performed unless they are employed pursuant to and
records upon request or to make such records available may individually registered in a program which has received prior
be grounds for debarment action pursuant to 29 CFR 5.12. approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
4. Apprentices and trainees Administration,
a. Apprentices (programs of the USDOL), The ratio of trainees to Journeymen on the job site shall not be
greater than permitted under the plan approved by the
Apprentices will be permitted to work at less than the Employment and Training Administration;
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S. Department of In the approved program for the trainee's level of progress,
Labor, Employment and Training Administration, Office of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training, Employer and Labor Services, or with specified in the applicable wage determination. Trainees shall
a State Apprenticeship Agency recognized by the Office, or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program. if the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits, trainees shall be paid the full amount of fringe
program, who is not individually registered in the program, but benefits Iisted-on the wage determination unless the .
who has been certified by the - Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training, Employer and Labor Services -or a' State there is an apprenticeship program associated with the
Apprenticeship Agency (where-appropriate) to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determinatiomwhich provides for Less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rale who -is not registered and participating In a training plan
The allowable ratio of apprentices to journeymen on the job approved by the Employment Training Administration shall
site in any craft classification shall not be greater than the ratio be paid not less than the applicable wage rate on the wage
permitted to the contractor as to the entire work force under determination for the classification of work actually performed.
the registered program. Any worker listed on a payroll at an In addition, any trainee performing work on the job site in
apprentice wage rate, who is not registered or otherwise excess of the ratio permitted under the registered program
employed as stated above, shall be paid not less than the shall be paid not less than the applicable wage rate on the
applicable wage rate on the wage determination for the wage determination for the work actually performed.
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program, the contractor will no
for the work actually performed. Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered, the ratios and wage acceptable program is approved.
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered c. Equal employment opportunity. The utilization of
program shall be observed. apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246, as amended, and 29
specified in the registered program for the apprentices level of CFR part 30.
progress, expressed as a percentage of the journeymen hourly
DEP Agreement No. TI S31, Attachment F, Page 6 of 12
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs -are not The following clauses apply to any Federal -aid construction
subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of $100,000 and subject to the
The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act. These clauses shall be inserted in addition to
particular programs. The ratio of apprentices and trainees to the clauses required by29 CFR 5.5(a) or 29 CFR 4.6. As
journeymen shall not be greater than permitted by the terms of used in this paragraph, the terms laborers and mechanics
the particular program. include watchmen and guards.
5. Compliance with Copeland Act requirements. The 1. Overtime requirements. No contractor or- subcontractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require
3, which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
6. Subcontracts. The contractor or subcontractor shall insert- workweek in which he -or she is employed on such work to
Form Mt/VA -1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such
subcontractors to include .Form FHWA -1273 in any lower tier laborer or mechanic receives compensation at a rate not less
subcontracts; The prime contractor shall be responsible forthe than one and one -half times the basic rate of pay for all hours
compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in suchworkweek.
with all the contract clauses in 29 CFR 5.5,
2. Violation; liability for unpaid wages; liquidated
7. Contract termination: debarment. A-breach of the damages. In the event of any violation of the clause set forth
contract clauses in 29 CFR 5.5 may be grounds fortermination in paragraph (1.) of this section, the contractor and any
subcontractor responsible
of the contract, and for debarment as - a contractor responsible therefor shall be liable for the
subcontractor as provided in 29 CFR 5.12. unpaid wages, In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, tosuch
8. Compliance with Davis -Bacon and Related Act District or to such territory), for liquidated damages. Such
requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 individual laborer or mechanic, including watchmen and
are herein incorporated by reference in this contract. guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
9. Disputes concerning labor standards. Disputes arising calendar day on which such individual was required or
9 . Disputes
labor nce ning provisions labor tan a this Disputes
shall not permitted to work in excess of the standard workweek of forty
hours
be subject to the general disputes clause of this contract. Such et forth payment iP the overtime required by the
clause u
disputes shall be resolved in accordance with the procedures set forth n paragraph grr app a h (11.) .) of this section.
ctioo n.
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes 3. Withholding for unpaid wages and liquidated damages.
between the contractor (or any of its subcontractors) and the The FHWA or the contacting agency shall upon its own action
contracting agency, the'U.S. Department of Labor, or the or upon written request of an authorized representative of the
employees or their representatives. Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed bythe
10. Certification of eligibility. contractor or subcontractor under any such contract or any
other.Federal contract with the same prime contractor, or any
other federally- assisted contract subject to the Contract Work
a.. By entering into this contract, the contractor certifies that Hours and Safety Standards Act, which is held by the same
neither it (nor he or she) nor any person or firm who has an prime contractor, such sums as may be determined to be
interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or
be awarded Government contracts by virtue of section 3(a) of subcontractor for unpaid wages and liquidated damages'as
the Davis -Bacon Actor 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph (2.) of this
section.
b. No part of this contract shall be subcontracted to anyperson
or firm ineligible for award of a Government contract by virtue 4. Subcontracts. The contractor or subcontractor shall insert
of section 3(a) of the Davis -Bacon Actor 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
The penalty for making false statements isprescribed in the subcontracts. The prime contractor shall be responsible for
subcontractors to include these clauses in any lower tier
c. Th
U.S. e penalty for making ki g false 1001. tale
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
DEP Agreement No. T1531, Attachment F, Page 7 of 12
evidenced in writing and that it contains all pertinent provisions
VI. SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal -aid construction 5. The 30% self - performance requirement of paragraph (1) is
contracts on the National Highway System, not applicable to design -build contracts; however, contracting
agencies may establish their own self - performance
1. The contractor shall perform with its own organization requirements.
- contract work amounting to not less than 30 percent (or a
greater percentage,if specified elsewhere in the contract) of
the total original contract price, excluding any specialty its VII. SAFETY: ACCIDENT PREVENTION
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such T h i s p r o v i's i o n i s- applicable to all Federal -aid
.specialty items performed may be deducted from the total construction contracts and to all related subcontracts.
original contract price before computing the amount of work
required to be performed by the contractor's, own organization 1. In the performance of this contract the contractor shall
(23 CFR 635.116). comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
a. The term "perform work with its own organization 'refers contractor shall provide all safeguards, safety devices and
to workers employed or leased by the prime contractor, and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor, with or determines, or as the contracting officer may determine, lobe
without operators. Such term does not include employees or reasonably necessary to protect the life and health of
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
agents of the prime contractor, or any other assignees. The protect - property in connection with the performance of the
term may include payments for the costs of hiring leased 'work covered by the contract
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased 2. it is-a condition of this contract, and shall be made .a
employees may only be included in this leaf) if the prime condition of each subcontract, which the contractor enters into
contractor meets all of the'followingconditions: pursuant to this contract, that the contractor and any
subcontractor-shall not permit any employee, in performance
(1) the primecontractor Maintains control overthe of the contract, to work in surroundings or under conditions
supervision of the day -to -day activities of the leased which are unsanitary, hazardous or dangerous to his /her
employees; health or safety, as determined under construction safety and
(2) the prime contractor remains responsible for the quality health standards (29 CFR 1926) promulgated' by the Secretary
of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work
(3) the prime contractor retains all power to accept or Hours and Safely Standards Act (40 U.S.C. 3704),
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for . 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
the payment of predetermined minimum wages, the that the Secretary of Labor'or authorized representative
submission of payrolls, statements of compliance and all thereof, shall have right of entry to any site of contract
other Federal regulatory requirements. performance to inspector investigate the matter of compliance
with-the construction safety and health standards and to carry
b. "Specialty Items" shall be construed to be limited to work out the duties -the Secretary under Section 107 of the
that requires highly specialized knowledge, abilities,, or Contract Work Hours and Safety Standards Act,(40
equipment not ordinarily available in the type. of contracting U.S:C.3704),
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS,
2. The contract amount upon which the requirements set forth
In paragraph (1) of Section VI is computed includes the cost of This p r o i s i o n i s applicable to all Federal -aid
material and manufactured products which are to be 'construction contracts, and to all related subcontracts.
purchased or produced by the contractor under-the contract jn order to assure high Uali and durable construction in
provisions. conformity with approved plans and specifications and a high
-3. The contractor shall furnish (a) a competent.superintendent degree of reliability-on statements and representations made
ersupervisor who isemployed by the firm, has full authority to by engineers, contractors, suppliers, and workers on Federal -
direct performance of the work in accordance with the contract aid highway projects, it is 'essential alt persons concerned
requirements, and is in charge of all' construction operations with the project perform their functions as carefully, thoroughly,
(regardless of who performs, the work) and (b) such other of its and honestly as possible. Willful falsification, distortion, or
own organizational resources (supervision, management, and misrepresentation with respect to any facts related to the
engineering services) as the contracting officer determines, is project is a violation of Federal law. To prevent any
necessary to assure the performance of thecantract misunderstanding regarding the seriousness of these and
similar acts, Form•FHWA -1022 shall be•posted on each
4. No portion of the contract shall be sublet, assigned,or Federal -aid, highway. project (23 CFR 635) in one or more
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
contracting officer, or authorized representative, and such with the project:
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the 16 U.S.C, 1020 reads as follows:
contracting agency has assured that each subcontractis
.DEP Agreement No. T1:53,1, Attachment F, Page 8 of12-
"Whoever, being .an officer, agent, or employee of the 'United covered. transaction. The prospective first tier participant shall
States, or of any State or Territory, or whoever, whether a submit an, explanation of why it cannot provide the certification
person, association, firm, or corporation, knowingly makes any set out below. The certification or explanation will be
false statement, false representation, or false report as' to the considered in connection with the department 'or agency's
character, quality, quantity, or cost of the material used or to determination whether to enter into this transaction. However,
be used, or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed, or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans, maps, specifications, contracts, or costs from participation in this transaction,
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or c. The certification in this clause is a material representation
of fact upon which reliance 'was placed when the 'contracting
Whoever knowingly makes any false statement, false agency determined to enter into this transaction. If it is later
representation, false report or false claim with respect to the determined that the prospective participa ntknowingly rendered
character, quality, quantity, or cost of any work performed or to an erroneous'certification, in addition to other remedies
be.performed, or materials furnished or to be furnished, in 'available to the Federal Government, the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation; or d. The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any'statement, certificate, this proposal is' submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal -aid participant learns that its certification was erroneous when
Roads Act approved July 1, 1916, (39 Stat. 355), as amended submitted or has become erroneous by reason of. changed
and supplemented; circumstances.
Shall be fined under this title or imprisoned not more than 5 e• The terms "covered transaction," "debarred,"
years or both." "suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined'
in 2 CFR Parts 180 and 1200. "First Tier Covered
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions" refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal -aid construction Transactions" refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
By submission of this bid /proposal or the execution of this covered transaction'with a grantee or subgrantee of Federal
contract, or subcontract, as appropriate, the bidder, proposer, funds (such as the prime or general contractor). "Lower Tier
Federal -aid construction contractor, or subcontractor, as Participant" refers' any participant who has entered into a
appropriate, will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f. The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that, should the proposed covered transaction be
or•Section 306 of the Clean Air Act. entered into, it shall not knowingly enter into any lower tier
2. That the contractor agrees.to include.or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph (1) of this Section X in suspended, declared ineligible, or voluntarily excluded from'
every subcontract, and further agrees to'take such action as participation in this covered transaction, unless authorized by
the contracting agency may direct as a means.of enforcing
the department or agency entering into this transaction.
such requirements. '
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
X. CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,'Suspension, Ineligibility
SUSPENSION, INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion -Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency, entering
into this covered transaction, without modification, in alliower
This provision is applicable to all Federal -aid construction tier covered transactions and in all solicitations for lower tier
contracts, design -build contracts, subcontracts, lower -tier covered transactions exceeding the $25,000threshold.
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA h. A participant in a covered transaction may rely upon a
approval or that is estimated to cost $25,000 or more — as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
1. Instructions for Certification — First Tier Participants: debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
a. By signing and submitting this proposal, the prospective the eligibility of any lower tier prospective participants, each
first tier participant is providing the certification set outbefow. participant may, but is not required to, check the Excluded
Parties List System website (https:ltwww.epls.govl), which is
b. The inability of a person to provide 'the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation inthis
DEP Agreement No. T1531, Attachment F, Page 9 of 12
i. Nothing contained in the foregoing shall be construed to this transaction originated.may pursue available remedies,
require the establishment of a system of records in order to including suspension and /or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant C. The prospectivelower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
j. Except for transactions authorized under paragraph (f) of changed circumstances.
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a d. The terms "covered transaction," "debarred,"
person who is suspended, debarred, ineligible, or voluntarily " suspended," "ineligible," " participant," "person," "principal,"
excluded from participation in this transaction, in addition to and "voluntarily excluded, "'as used in this clause, are defined
other remedies available to the Federal Government, the in 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction forcause 'which this proposal is submitted for assistance in obtaining a
or default. copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
It subgranlee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment, Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion — First Tier Transaction (such as subcontracts). "First Tier Participant"
Participants: refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier
its knowledge and belief, that it.and its principals: Participant" refers any participant who has entered into a
covered transaction with a First Tier,Participant or other Lower
(1) Are not presently debarred, suspended, proposedfor Tier Participants (such as subcontractors and suppliers).
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal e. The prospective lower tier participant agrees by
department or agency; ' submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
(2) Have not within a three -year period preceding this any lower tier covered transaction'with a person who is
proposal been convicted of or had a civil judgment rendered debarred, suspended, declared ineligible, or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless
connection with obtaining, attempting to obtain, or performing authorized by the department or agency with which this
a public (Federal, State or local) transaction or contractunder transaction originated.
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, f. The prospective lower tier participant further agrees by
bribery, falsification or destruction of records, making false submitting this proposal that it will include this clause titled
statements, or receiving stolen property; "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
(3) Are not presently indicted foror otherwise criminally or without modification, in all lower tier covered transactions and
civilty by a governmental entity (Federal, State or in all solicitations for lower tier covered transactions exceeding
local) with commission of any of the offenses enumerated in the $25,000 threshold.
paragraph (a)(2) of this certification; and
g. A participant in a•covered transaction may rely upon a
(4) Have not within a three -year period preceding this certification of a prospective participant in a lower tier covered
appiication/proposal had one or more public transactions transaction that is not debarred, suspended, ineligible, or
(Federal, State or local) terminated for cause or default. voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification, such prospective debarred, or otherwise ineligible to participate in covered
participant sha!l'attach an explanation to this proposal. transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
2, Instructions for Certification - Lower Tier Participants: 'participant may, but is not required to, check the Excluded
Parties List System website (httus:t /vnhweals,govi), which is
(Applicable to -all subcontracts, purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and h. Nothing contained in the foregoing-shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause. The
a, By signing and submitting this - proposal, the prospective knowledge and information ofparticipant is not required to
lower tier is providing the certification set out below, exceed that which is normally possessed by a prudent person
in the ordinary course'of business dealings,
b. The certification in this clause is a material representation i. Except for 4ransactions authorized under ar
of fact upon which reliance was placed when this transaction P p agraph e of
was entered into. If it is later determined that the prospective these instructions, if a participant in a covered transaction
tower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification, in addition to. other remedies available to the person who is suspended, debarred, ineligible, or voluntarily
Federal Government, the department, or agency with which excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
DEP Agreement No. T'1531,- Attachment F, Page 10 of 12'
department or agency with Which this transaction originated
may pursue available remedies, including.suspertsion andlor
debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion- -Lower Tier
Participants:
1, The prospective lower tier participant certifies, by
submission of this proposal that neither it nor its principals is
presently debarred, suspended,. proposed for debarment,
declared' ineligible, or voluntarily excluded from; participating in
covered transactions by any Federal department oregency.
2. Where the_prospective lower tier participant is to
certify to any of the'statemenfs.in this certification; such
prospective participant shallattach an explanation to this
proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable•to all Federal -aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing.and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No,F.ederal appropriated funds have been paid orwilfbe
paid, by or on behalf of the undersigned, to. anypersori for
influencing-or attempting to influence an,officer or employee, of
any Federal agency, a`Membecof Congress, an officer or
employee of Congress, or an employee df a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of-any
Federal loan, the entering into any cooperative agreement„
and the extension, continuation; renewal, amendment. or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than'Federal appropriated funds have
been paid or will be paid to any person for i influencing or
attempting to influence an officer or employee of any Federal
agency; a Member`of Congress, an officer or employee of
'Cbngress,'or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions,
2, This certification is a material representation of fact upon
which reliance was placed when this - transaction was made or
entered into. Submission of this' certification is.a prerequisite,
for making. or entering into this transaction 'imposed.by 31
U.S.C. 1352. Any' person who fails to file the required
certification shall be. subject to a civil,penalty of not less than
.$10,900 and not more.than $100,000 for each.suchfailute:
3. The prospective participant'also agrees' by submitting,its
bid or proposal that the participant shall requirethat the
language of this certification be Included in all,lower tier
subcontracts, which exceed $100;000 and that all such -
recipients shall certify and disclose accordingly.
DEP Agreement No., T1531, Attachment F, Page 11 of 12
ATTACHMENT A - EMPLOYMENT AND MATERIALS 6, The contractor shall include the provisions of Sections 1
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract forwork
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as oh- sitework.
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is or reasonably may be, done
as on -site work, shall give preference to _qualified personswho'
regularly reside in the labor area as'designated by the DOL
wherein the contract.work is situated, orthe.subregion, or the
.Appalachian counties of the. State wherein the •contract.work is
situated,. except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
.supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work,
c. For the obligation of the contractor to offer employment to
present or former employees as the result -of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1,c) shall not
exceed 20 percent of the total number of employees employed
by the contractoron the contract work, except as provided in
'subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates 'such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order forth. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course ofthe contract work, the
information submitted by the contractor in the original jab Order
is substantially modified, the,participant shall prainptly notify
the State Employment Service. ' .
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this'
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph(lc)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
DEP Agreement No, T1531, Attachment' F Page 12
•
ATTACHMENT C
REGULATIONS
Formal regulations concerning adminis ive procedures for U.S. Department of Transporthtion (DOT)
grants appear in Title 49 of the Code of Federal Regulations (CFR) and 2 CFR Parts 1200 and 1201. The
following list contains regulations and Office of Management and Budget Guidance which may apply to
the work *cr/onoed under this Agreement.
SobohupterA - Geucru}
49CFK24 Uniform relocation assistance and real property acquisition for federal and tedena||.
programs
pvu�mo -
49 CFR 27. l4ondiserirnination oh The basis ofdiabi1itv in ptogram �r activities receivihg
Federal financial assistance
49 CFR 17 lntergovernmeiital review of DOT programs and activities
49 CFR 20 New restrictions on lobbying
49 CFR 32 Government-wide requirements for drug-free workplace (Financial Assistance)
Other Federal Regulations
2CPR3O0'ond Uniform administrative requirements, cost principles, and audit requirements for
1201 Federal awards
2 CFR 1200 Nonprocureriient Suspension and Debarment
48CFR.31 Contract Cost Principles hnd Procedures
Office of Management and Budget Guidance
F�r Federal Funding Sources awn rded prior to December 26, 2014:
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87 (2 CFR 225) Cost Principles for State, Lucul. and Indian Tribal Governments
A-122(2CP}l Cost Principles for Noh-Profit Organizations
2]O)
/\-133 Audit Requirements
'For Federal Funding Sources awarded after December 26, 2014
2 CFR Par 200 Uniform administrative requirements, cost principles, and audit requirements for
Federal awards (State, LocuiaudJnding Tribal Governments; Educational Institutes;
Private Non-Profit Organization other than (1) institute of higher education. (2)
hospital, or (3.) organization named in 2CFR Prt 200 Appendix VIII
40{JFt Part 3l CaotractCout Principles and Procedures (For Profit Organization)
2 CFR Part 200, Audit Requirements
Subpart F
Accounting Standards
Governmental Subject to accounti staitdards established by the Government Accounting
Entities Standards Board (GA8B)
Private Sector or Stibject to generally accepted accounting principles (GAAP), promulgated by the
Individuals American Institute of Certified Public Accountant (AICPA) as applicable
DEP Agreement No. Il53|.Attachment G. Page |of|
AMENDMENT NO. 1
TO AGREEMENT NO.T1531
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF BOYNTON BEACH
This Amendment to Agreement No. T1531 (Agreement) is made by and between the Department of
Environmental Protection (Department), an agency of the State of Florida, and City of Boynton Beach, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida 33435 (Grantee), on the date last signed below.
WHEREAS,the Department entered into the Agreement with the Grantee for the permitting, purchase and
installation of a 24'X 24' floating dock with kayak launch and accessible transfer system with purchase and installation
of(1) educational signage, (1) recognition signage, and native plans and shrubs effective October 5, 2016; and,
WHEREAS,the parties wish to amend the Agreement as set forth herein to modify the project site location given
the inability to complete as agreed due to the discovery of Johnson's seagrass;
NOW THEREFORE,the parties agree as follows:
1) Attachment A, Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, Revised
Project Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in
the Agreement to Attachment A shall hereinafter refer to Attachment A-1, Revised Project Work Plan.
2) The following provision hereby replaces Section 32 of the Agreement:
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.,the Department may immediately terminate this Agreement at its sole option if the Grantee
or its subcontractors are found to have submitted a false certification; or if the Grantee, or its subcontractors are
placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of
the Agreement.
b. 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.,the Department may immediately terminate this Agreement at its sole option if the Grantee,
its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or
its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in
Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business
operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they
shall become inoperative.
3) The following provision is hereby added to the Agreement as a new Section 36:
Inspector General Audit Cooperation. The Grantee understands its duty, pursuant to subsection 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 and/or subagreements issued under this Agreement, if any,
impose this requirement, in writing, on its subcontractors and/or subgrantees.
4) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may
appear between the Agreement and this Amendment,the provisions of this Amendment shall control.
Agreement No.:T1531 Amendment No.: 1
1 of 2
Rev 8/17/18
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The parties agree to the terms and conditions of this Amendment and have duly authorized their respective
representatives to sign it on the dates indicated below.
City of Boynton Beach Honda Department of
Environmental Protection
By: k/KV
J -b+i By: c f+ L r L Ze/713-‘:"--
Title: Cary Mc 9 e!` Secretary or Designee�
Date: Z'S �v Date: Dl - ‘75- 18'
UST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Time UST
Description
Attachment A-1 Revised Project Work Plan—(3 pages)
r
Agreement No.:T1531 Amendment No.:1
2 of 2
Rev.8/17/18