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<br />9. <br /> <br />A. <br /> <br />The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit <br />Requirements), attached hereto and incorporated herein by reference. Exhibit I to Attachment D <br />summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in <br />complying with the requirements of Attachment D. A revised copy of Exhibit I must be provided to <br />the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee <br />fails to receive a revised copy of Exhibit I, the Grantee shall notify the Department's Grants <br />Development and Review Manager at 850/245-2361 to request a copy of the updated information. <br /> <br />B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may <br />further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall <br />consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1 <br />when making its determination. For federal financial assistance, the Grantee shall utilize the <br />guidance provided under OMB Circular A-133, Subpart B, Section ~.21O for determining whether <br />the relationship represents that of a subrecipient or vendor. For state financial assistance, the <br />Grantee shall utilize the form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient <br />vs Vendor Determination" (form number FSAA_CL2) that can be found under the "LinksIFonns" <br />section appearing at the following website: <br /> <br />http://www.fsaa.state.fl.us/ <br /> <br />The Grantee should confer with its chief financial officer, audit director or contact the Department for <br />assistance with questions pertaining to the applicability of these requirements. <br /> <br />10. <br /> <br />A. <br /> <br />The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the <br />prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible <br />for the fulfillment of all work elements included in any subcontract consented to by the Department <br />and agrees to be responsible for the payment of all monies due under any subcontract. It is <br />understood and agreed by the Grantee that the Department shall not be liable to any subcontractor <br />for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely <br />liable to the subcontractor for all expenses and liabilities incurred under the subcontract. <br /> <br />B. The Department of Environmental Protection supports diversity in its procurement program and <br />requests that all subcontracting opportunities afforded by this Agreement embrace diversity <br />enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the <br />State of Florida. The Department will be glad to furnish a list of minority owned businesses for <br />consideration in subcontracting opportunities. <br /> <br />11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds <br />provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state <br />agency. <br /> <br />12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing <br />services to the Department under this Agreement. The Grantee acknowledges that this requirement includes <br />compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee <br />further agrees to include this provision in all subcontracts issued as a result of this Agreement. <br /> <br />13. The Department's Grant Manager for this Agreement is identified below. <br /> <br />Tommy Williams <br />Bureau of Water Facilities Funding <br />Florida Department of Environmental Protection <br />2600 Blair Stone Road, MS 3505 <br />Tallahassee, Florida 32399-2400 <br />Phone: 850-245-8358 <br />Fax: 850-245-8411 <br />Email: thomas.e.williams@dep.state.fl.us <br /> <br />DEP Agreement No. LP60 13, Page 3 of 6 <br /> <br />SIB <br />