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Item M2
M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� � Mayor David Rice, District 4 Th e Florida Keys Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting January 17, 2018 Agenda Item Number: M2 Agenda Item Summary #3737 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774 N/A AGENDA ITEM WORDING: Approval to enter into change order #1 to the $1.5 million grant from the Department of Environmental Protection as part of the Keys Stewardship program for canal restoration projects, to authorize $147,168 of existing funds towards canal skimming services in lieu of the augmented aeration projects. ITEM BACKGROUND: This change order #1 authorizes the use of $147,658 in existing $1.5 Million in Stewardship grant funds towards the use of the canal skimming services in lieu of the original use of funds for the augmented aeration projects. The remaining funds are budgeted for the completion of the canal 75 backfilling project in Key Largo. The restoration of Canals #48, #59, #79, and #80 in Key Largo using augmented aeration techniques involved the potential introduction of oxygen and microbes to stimulate bacteria and other organisms to degrade the accumulated muck. The engineering design, access coordination and permitting services for these demonstration projects were covered under the grant. The improvements were anticipated to restore the impaired waters of the canal, and bring the dissolved oxygen levels up to meet State 62 -302 Class 3 marine water quality standards. At the December 8, 2017 combined FKNMS Canal Advisory Subcommittee and Technical Advisory Committee (TAC) meeting, the two vendors for augmented aeration services provided presentations on the use of their technologies. After listening to the presentations and questioning the vendors on their methods and the previous marine use of microbes in saltwater marine environments, the team members ultimately were not comfortable with the unproven use of the microbes in the Keys sensitive marine environment. They voted not to accept either proposal. Therefore County staff will be recommending to the Monroe BOCC to halt the permitting and design process that was underway for the augmented aeration projects. By doing so, this leaves $147,658 of grant funds for use for an alternate project. The County proposed the use for the canal skimming services to DEP and DEP approved the use and has provided the enclosed change order to formalize the use. PREVIOUS RELEVANT BOCC ACTION: 02/15/17 Approved entering into a $1.5M income grant from the Department of Environmental Regulation as part of the Keys Stewardship program for canal restoration projects (for canal 75 backfilling and for canals 48, 59, 79 and 80 for augmented aeration). CONTRACT /AGREEMENT CHANGES: Use funds for canal skimming project in lieu of augmented aeration projects. STAFF RECOMMENDATION: Approval DOCUMENTATION: DEP Grant LP44073 Fully Executed LP44073 Monroe County Change Order 1 -final FINANCIAL IMPACT: Effective Date: 01 -17 -18 Expiration Date: 10 -30 -2018 Total Dollar Value of CO 1: $0 Total value of Grant: $1.5 Million Income Total Cost to County: $0 Current Year Portion: $1.5 M Budgeted: N/A Source of Funds: DEP CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: N/A Insurance Required: Additional Details: REVIEWED BY: Rhonda Haag Completed 12/21/2017 9:02 AM Pedro Mercado Completed 12/22/2017 4:49 PM Budget and Finance Completed 12/28/2017 9:18 AM Maria Slavik Completed 12/28/2017 9:28 AM Kathy Peters Completed 12/28/2017 9:41 AM Board of County Commissioners Pending 01/17/2018 9:00 AM DEP AGREEMENT NO. LP44073 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL, PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE: GRANT AGREEMENT PURSUANT TO CHAPTER 2016 -225, SECTION 6, LAWS OF FLORIDA, FV16 -17 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 MONROE COUNTY, whose address is 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as "Grantee "), local government, to provide financial assistance for the Monroe County Canal #75 Backfill Restoration and Canal H48, 959, tf79 and #80 Augmented Aeration Restoration Projects. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Parry ". In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: TERMS OF AGREEMENT The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. 2. PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2019, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2016. through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. FUNDING /CONSIDERATION /INVOICING 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 $1,500,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. 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. 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 %) DEP Agreement No. LP44073, Page 1 of 13 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 Attachment B, Payment Request Summary Form. To he eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: 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 no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent sixty -day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. 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 C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Reimbursement shall be limited to the following budget categories: Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and /or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Subcontracts, which involve equipment purchases as part of an installation /retrofit or that include infrastructure and /or infrastructure improvements, as defined in Florida Chief Financial Officer (CFO) Memorandum No. 5 (2011- 2012), must be capitalized in accordance with Chapter 691 -72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. For fixed -price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants /contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed -price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation forin for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed -price subcontract. b. The Grantee may request approval from the Department to award a fixed -price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and DEP Agreement No. LP44073, Page 2 of 13 Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed -price amount, the Grantee may proceed in finalizing the fixed -price subcontract. C. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guide] ines (including cost allocation guidelines), 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 in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at F. i. The accounting systems for ail 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 payment(s) 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. ANNUAL APPROPRIATION The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 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 Legislative appropriations are reduced or eliminated. 5. REPORTS The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood DEP Agreement No. LP44073, Page 3 of 13 and agreed by the patties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. 6. RETAINAGE Retainage is not required under this Agreement. 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 shalt constitute a waiver by either party of its sovereign immunity or the provisions of Section 76828, Florida Statutes. 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. 8. 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. 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 of the 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 of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act 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 party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated 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. 9. REMEDIES /FINANCIAL. CONSEOUENCES 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 timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure DFP Agreement No. LP44073, Page 4 of 13 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 implemented and performed in no more than sixty (60) calendar days. A. A CAP shall be submitted within ten (10) 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 from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shat l result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager, C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. 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. 10. 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 Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. 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. I1. SPECIAL AUDIT REQUIREMENTS A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. 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. DEP Agreement No. €.P44073, Page 5 of 13 B. The Grantee is lierebv 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 E, Exhibit I when makine 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: 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. 12. 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.D. of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 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. 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 citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0915. 13. 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; or 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 doc'umenz that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. DEP Agreement No. LP44073, Page 6 of 13 14. LOBBYING PROHIBITION 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. 15. COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department 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. 16. 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 17. 17. 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 identified below: Michael Isaacson, or Successor Florida De artment of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd., MS##3505 Tallahassee, Florida 32399 Telephone No.: 1 850- 245 -2928 E -mail Address: I Michael.isaacson dep. state. fl -us The Grantee's Grant Manager at the time of execution for this Agreement is identified below: Rhonda Haag or Successor Monroe Count Sustainability Coordinator 102050 Overseas Highwa Key Largo, Florida 33037 Telephone No.: 305- 453 -8774 Fax No.: 305- 292 -4544 E -mail Address: Haa - rhonda monroecount -fl. ov 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 3.13 should include the updated Grant Manager information. DEP Agreement No, LP44073, Page 7 of 13 18. 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 of premium, 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. Workers' Compensation Insurance is required for all employees connected with the work of this project. Any self - insurance program 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 $ 3 100,000 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 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 w $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 or to the parties' insurance carrier. DEP Agreement No. LP44073, Page 8 of 13 19. 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. 20. EQUIPMENT The purchase of non - expendable personal property or equipment costing $1,000 or more purchased for purposes of this Agreement remains the property of the Grantee. Upon satisfactory completion of this Agreement, the Grantee may retain ownership and will require its subcontractor to account for and report on all non - expendable personal property or equipment purchased under its subcontract. Non - expendable personal property or equipment purchased by a subcontractor that meets the parameters set forth in paragraph I.D. of this Agreement shall be capitalized in accordance with Chapter 691 -72, F.A.C., with property records maintained by the Grantee for audit purposes. The following terms shall apply: A. The Grantee and /or its subcontractor shall have use of the non - expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non - expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non - expendable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. 21. 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. 22. RESERVED 23. 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. C. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section 287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487 -0915. 24. LAND ACOUISITION Land acquisition is not authorized under the terms of this Agreement. DEP Agreement No. 1_1 Page 9 of 13 25. P"YSIICAL ACCESS AND INSPECTION As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the fol lowing methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; and B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 26. PUBLIC RECORDS ACCESS A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B3 This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 1 19, F.S., and Section 24(a), Article 1, Florida Constitution. C. If Grantee meets the definition of "Contractor" found in Section 1 19.070 i (€)(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 1 19.0701, 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 must 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. 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 Agreemenc 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 DEP Agreement No. LP44071, Page 10 of 13 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 THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245 -2118, by email at 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 27, TERMINATION, FALSE CERTIFICATION, SCRUTINIZED COMPANIES, AND BOYCOTTING Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135. F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub - agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement for cause 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 any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 28. EXECUTION IN COUNTERPARTS This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf' format data tile, such signature shall create a valid and binding obligation of the 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. 29. SEVERABILITY CLAUSE This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. DEP Agreement No. LP44073, Page I I of 13 30. ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when 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. REMAINDER OF PAGE IN'i'L=NTIONALLY LEFT BLANK DEP Agreement No. LP44073, Page 12 of 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY By Z ) C�c+aty �etor Mayor e George Neuaent Print Name of Authorized Person Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By= Secrets signee V lrintand Title of Aut prized Person Date: �— /` / Michael Isaacson, DEP t Manager FEID No_: 59- 6000749 isa Widener, DEP QC. Reviewer Y I tit CLERK �r.' CLERK * For Agreements with govern mentaT'bn=&7 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 of attachments /exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan 7 Pa es Attachment S Payment Request Summary Form (5 Pages) Attachment C Contract Payment Requirements (1 Page) Attachment C Progress Report Form ( I Page) Attachment E Special Audit Requirements (5 Pages) Attachment F Attachment Intentionally Excluded Attachment G Attachment Intentionally Excluded DEP Agreement No. LP44073, Page 13 of 13 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: Monroe County Canal 475 Backfill Restoration and Canal #48, #59, 479 and 480 Augmented Aeration Restoration Projects PROJECT LOCATION: The Canal #75 Project will be located in the Rock Harbor neighborhood, which is located within the unincorporated area of Key Largo, Monroe County, Florida. Project coordinates are latitude 25.070352 and longitude - 80.462159. The Canal #48, #59, #79, and 480 Projects are located within the unincorporated area of Key Largo, Monroe County, Florida. (See attached location maps.) PROJECT BACKGROUND: In 2013. Monroe County (Grantee) completed a comprehensive Canal Management Master Plan (CMMP) in order to provide a framework to identify, prioritize and correct water quality impairments within the entire Florida Keys canal network. This plan identified 131 canals classified as having Poor water quality. Canals receiving a Poor classification were scored and ranked using specific canal attributes to provide a list of high priority canals which were suitable for consideration of various public works restoration projects. Canal 475 in Key Largo was identified as a Poor canal that is too deep, lacks oxygen, and is in need of a backfilling restoration. Canals #48,459, #79, and #80 were also identified as Poor, and candidates for augmented aeration, as described below. In 2015, the Grantee completed an EPA - sponsored alternative technology evaluation to address accumulated muck in canal bottoms which depletes dissolved oxygen levels in the canals. Removal of the muck and addition of oxygen will help to restore the canal waters. The traditional methods of reducing the amount of accumulated muck require the removal of muck by machine and are expensive and disruptive to the use of the canal. The Grantee wants to test alternative methods that, if successful, may be less expensive for the muck removal process_ The projects are designed to evaluate the cost, and effectiveness, of utilizing an augmented aeration technology which introduces oxygen and potentially, microbiological organisms, to stimulate bacteria and other organisms to degrade the accumulated muck. PROJECT DESCRIPTION: The Grantee has implemented six canal restoration demonstration projects prior to this project. The new seventh and eighth demonstration projects at Canal 475 and Canals #48, 959, #79, and 480 around Key Largo are the next canal restoration projects to be conducted. The restoration of Canal 975 in Rock Harbor involves backfilling, to raise the canal bottom, to 6 feet below the Mean Sea Level, which is the optimum depth to allow for tidal flow in and out of the canal. The engineering design, access coordination, and permitting services for these demonstration projects are underway, and construction is anticipated to begin in the spring of 2017. This project includes augmented aeration work at canals 448, #59, #79, and #80. These improvements are anticipated to restore the impaired waters of the canal, and bring the dissolved oxygen levels up to meet Rule 62 -302, Florida Administrative Code, Class 3 marine water quality standards. TASKS and DELIVERABLES: Task 1: Canal #75 Design and Permitting Task Description: The Grantee has procured AMEC Foster Wheeler, Inc. in accordance with state law prior to execution of this Agreement. AMEC will complete the design of the Canal #75 backfilling project and obtain all necessary permits for construction of the project. The Grantee will submit documentation of preconstruction activities, as described below_ The Canal #75 project will consist of (1) collection and processing of environmental and engineering data; (2) completion of 30, 60 and 100 percent design plans; (3) preparation of permit packages for state, federal, and local permit applications; and (4) resident notification and staging area access coordination. DEP Agreement No. LP44073, Attachment A, Page 1 of 7 Deliverables: An electronic copy of the final design, including professional certification as applicable, and a list of all required permits identifying issue dates and issuing authorities submitted to the Department's Grant Manager. Upon request, the Grantee will provide copies of obtained permits or permit related correspondence or documentation and/or a paper copy of the final design. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 2: Canal #75 Bidding and Contractor Selection Task Description: The Grantee will subcontract the construction of the backfilling of canal #75 with a qualified and licensed contractor, selected through the Grantee's procurement process. The Grantee shall prepare and solicit proposals utilizing a proposal package in accordance with state and federal laws and this Agreement. Included in this task are pre - proposal meeting(s) in response to proposal questions. Deliverables: Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public notice of advertisement for the proposal; 2) electronic access to all inquiries, questions, and comments regarding the proposal documents; 3) electronic copy of proposal package; 4) written notice of selected contractor; 5) electronic copy of executed subcontract(s) provided prior to submitting any invoices for the subcontracted work. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 3: Canal #75 Project Management ment Task Description: The Grantee's engineering consultant AMEC will perform project management, to include field engineering services, construction observation, site meetings with construction contractor and design professionals, and overall project coordination and supervision. If the Grantee contracts these services, the Grantee will procure such services in accordance with state law. Deliverables: Completed project management activities to date as evidenced by: 1) An electronic copy of the Grantee's executed contract(s) and scope of services for project management submitted to the Department's Grant Manager provided prior to submitting any invoices for the subcontracted work; 2) interim progress status summaries including summary of inspection(s), representative photos, meeting minutes and field notes, as applicable. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to project management. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written DEP Agreement No. LP44073, Page 2 of 7 acceptance by the Department's Grant Manager of the del iverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Task 4; Construction of Canal #75 Project Task Description: The Grantee will construct the backfilling of canal 975 in Key Largo in accordance with the final design(s) and required permits. Construction under this Agreement is the final phase of construction leading up to the completed project. AMEC Foster Wheeler, Inc. is providing the engineering oversight. Deliverable 4a: Construction completed to date as described in this task, as evidenced by these interim deliverables: i ) Signed acceptance of the completed work by the Grantee, 2) Contractor's Application and Certification for Payment, and 3) dated color photographs of on -going work representing time period covered in payment request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written acceptance of each interim deliverables submittal by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that submittal period under this task. Contractor's Application and Certification for Payment should include the following supporting documentation I . An itemized summary of the materials, labor, and /or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed; the amount expended for such work; the name of the person /entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially - complete designs, surveys, environmental documents and /or permit applications, drawings, and specifications (which must be made available upon request); and documentation demonstrating partial completion of construction activities_ Deliverable 4b: BackfiIIing of canal #75 constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during„ and immediately Following completion of the construction task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. DEP Agreement No. LP44073, Page 3 of 7 Payment Request Schedule: frequently than once per month been submitted and accepted submittal. Grantee may submit a payment request for cost reimbursement no more The outlined Interim Deliverable(s) and /or Final Deliverable(s) must have n writing by the Department's Grant Manager prior to payment request Task 5: Construction of Canal #48, #59, #79, and #80 Projects Task Description: The Grantee will construct the augmented aeration projects at canals #48, 459, 979, and #80 in Key Largo in accordance with the final design(s) and required permits. Construction under this Agreement is the final phase of construction leading up to the completed project. AMEC Foster Wheeler, Inc. is providing the engineering oversight. Deliverables: Augmented Aeration projects at canals 448, 459, 479, and 480 as described in this task, as evidenced by: I ) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction. task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and, 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract dOCI[ments. Upon review and written approval by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date and all deliverables must be received by the task end date. Task Budget Budget Amount Task Start Task End No. Task Title Catego Date Date 1 Canal #75 Design and Permitting Contractual Services $52,387 09/21/2016 06/30/2018 2 Canal #75 Bidding and Contractual $8,OI6.40 09/21/2016 06/30/2018 Contractor Selection Services 3 Canal #75 Project Management Contractual $76,428 03/01/2017 12/31/2018 Services 4 Construction of Canal #75 Project Contractual $1,263,1 68.60 03/01/2017 10/30/2018 Services 5 Construction of Canal 948, #59, Contractual $100,000 03/01/2017 10/30/2018 979, and #80 Projects Services Total: $1,500,000 as as x uJ 21 LL CD CL CU t9 CL uJ a� E CU DEP Agreement No. LP44073, Page 4 of 7 ✓ f 4 +'� f - pq R I41; i. 41 wk t _ r a • i 2 . °� '` , 04 Earth A N R Canal 4f 4 r ,f �r6� � � s�a � ai' , a[,y � � mac♦ �Vw '4+s >� aqw T� F f _ Google Earth M.2.a r i d i 0 N Cl C fSf t i r C i 0 t N i 3 a� r a w 0 a� r m x w LL M O Iq a J r C cC i CL w 0 r C (D E m r r Q DEP Agreement No. LP44073, Page 6 of 7 Packet Pg. 2179 M.2.a r i d i 0 N Cl C fSf t i r C i 0 t N i 3 a� r a w 0 a� r m x w LL M O Iq a J r C cC i CL w 0 r C (D E m r r Q DEP Agreement No. L.P44073, 'age 7 of 7 Packet Pg. 2180 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Payment Request No. DEP Agreement No. Date Performance Period (Slarl date - End date ): Deliverables completed to support payment request (attach additional pages as needed): Task/Deliverable Task Budget Number(s): Amount: $ Grantee: (Name & Mailing Address) Grantee Contact: (Name & Phone) GRANT EXPENDITURES SUMMARY SECTION CATEGORY OF EXPENDITURE As authorized AMOUNT" OF THIS RE VEST TOTAL CUMULATIVE PAYMENT REQUESTS is MATCHING FUNDS FOR THIS REQUEST TOTAL CUMULATIVE MATCHING FUNDS Salaries/'W'ages $ - - $ - $ - Fringe Benefits $ - $ - $ - $ - Indirect Cost $ - $ - $ - $ - Contractual (Subcontractors) $ - $ - $ Travel $ - $ - $ - $ - Equipment (Direct Purchases) $ $ - $ Rentai/Lease of Equipment $ - $ - $ - $ - Miscellaneous /Other Expenses $ - $ - $ Land Acquisition $ - $ TOTAL AMOUNT $ $ $ $ TOTAL BUDGET ALL TASKS $ $ Less Total Cumulative Payment Requests of- $ $ TOTAL REMAINING (ALL TASKS S $ GRANTEE. CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. DEP Agreement No.LP44073, Attachment B. Page 1 of 5 Grantee's Certification of Payment Request on behalf (Print name of Grantee's Grant Manager designated in the Agreement) do hereby certify for (Print name ol'Grantce) DEP Agreement No. and Paymcnt Request No. tha €: • The disbursement amount requested is for allowable costs ibr the project described in Attachment A of the Agreement. • All costs included in the amount requested have been satisfactorily purchased. performed, received. and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 0 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project: and the Grantee is riot in default of any terms or provisions of the contracts. Check all Iitat app(v. © All permits and approvals required for the construction. which is underway. have been obtained. © Construction up to the point of this disbursemeni is in compliance with the construction plans and permits. © The Grantees Grant Manager relied on certifications f rom the following professionals that provided services Ior this project during the time period covered by this Certification of Payment Request. and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mm /dd/yy — mm /dd/yy) Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number DEP Agreement No.I.P44073. Attachment 13. Page 2 of 5 INSTRUt' PIONS FOR COMIT 'TING PAYMENT REQUEST SUMMARY FORM PAYMENT REQUEST NO.: " ]'his is the number of your payment request, not the quarter number_ DEP AGRUMENT NO.: This is the number on vour grant agree €netrt DATE: This is the date that you are submitting the payment request, PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the Task/Deliverable that the request is for (this must be within the timeline shown for the Task/Deliverable in the Agreement). TASK /DELIVERABI.F. NO.: Identify the number of the 'I "ask/Deliverable that you are requesting payment for and/or claiming match for (must agree with the current Gr ant Work Plan). Nbte� If payment request includes amore than one Task /Deliverable, additional pages should identify each fask/Deliverable Number. its corresponding budget amount, and the amount requested. TASK BUDGET AMOUV'T: List the Task budget amount as identified in the Grant Work Plan for the corresponding I askJDclverable. :Vole: If payment request includes tnore than one Task/Deliverahle, additional pages should identify each "task /Deliverable Number, its corresponding budget amount, and the amount requested. GRANTEE: Enter the name of the Orantee's agency and the address to which you want the state «arrant sent, GRANTEE CONTACT; List the name and telephone: number for the Grantee's grant manager or other point of contact regarding the payment request submittal. GRANT EXPENDITURES SUMMARY SECTION: "AMOUN'T OF THIS REQUEST" COLUMN Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task This must agree with the currently approved budget in the current Grant Work flan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Canter the column total on the `TOTAL AAIOUAT" tine. Enter the amount of all Tasks on the "TOTAL BUDG T (ALL TASKS')' line. Enter the total cumulative amount of this request and all previous payments rn3 the "LESS TOTAL CfJMULA711"L PAYMEA�T REOUE-WS 01 tine. Deduct the 'LESS TOTAL CUVU1,AT7t'E PAY!LfF.AT REOUESTS Of from the "T07AL BUDGET (:ALL TASKS)" for the amount to enter on the'707AL RE.VA1NiNG GILL TANKS) " line. "TOTAL CUMUI.,ATIVE PAYMENT REQUESTS" COLUMN Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests, first through the final request (this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Filter the column total on the "TOTAL PA)JIFN'T RLQUES7 line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUhIN F,nter the amount to be claimed as match for the performance period for the Task {s) you arc reporting on this needs to be shown under specific budget categories according to the currently approved (grant Work Plan_ tinter the total on the - TOTAL ,)MOUNT" line for this column. Enter the match budget amount on the "TOT-11. BUDGET (ALL TASKS) - line lirr this column. Enter the total cumulativc amount ofthis and any previous match claimed on the "LESS T07AL C1i :41(.ILA17 t"L PAYi4LlN'7 °S OF'' line for this column_ Deduct the LLS.S' T01AL CUMULATIVE P4VMENTS OF" from the -` 0T.AL BUDGET (ALL TASKS) " for the amount to enter on the - TOTAL RF.HALVING (AU TASKS) " line "TOTAL CUMULATIVE INIATCHING FUNDS" COLUMN Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled ` Y"O'TAL PAYA4F,NT REQUFST" The final request should show the total of all claims, first claim through the final claim, ete. Do not enter anything in the shaded areas. GRAN'TEE'S CERTIFICATION Check all boxes that appl ldcntify atty licensed professional service providers that certified work or services completed during the period included in the request for payment. dust be signed by both the Grantee's Errant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DE Agrecrnent No.LP44 {)73, Attachment B, Page 3 of5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT - PART 11 REIMBURSEiMENT DETAIL Grantee Name: Payment Request No.: DEP Agreement No.: Vendor Name Invoice Number Invoice Date Invoice Amount (il Local Share or Other Funding or Amount Not Requested (2) Requested Amount 131 Cheek Number TasklDelivera ble Number (4) $ $ $ $ - $ $ _ Totals: DUI agreement No.1.1 Attachment B. Page 4 of �s 0 �a 8 q9 U7 CL LU t�9 q9 x LU LL rl- CD CL CU t9 CL LU a� Instructions for Completing Request for Payment - Part II Include the Grantee Name, Payment Request No., and DEP Agreement Number_ List vendor invoices that are associated with the Project by Task/Deliverable. I Invoice Amount: Amount of Invoice being submitted for reimbursement. 2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice 3 Amount (1). Deliverable Number: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task /Deliverable identified under (2). Submittal Instructions Instructions for E- mailing: The program now accepts reimbursement requests electronically, please E -mail to . When scanning please be sure that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically, please do not also send a hard copy by postal mail_ You should anticipate a response from program staff within 2 business days. Remit Payment Request by E -mail to: SRF Regrt ndey sttp fl Be sure the E -mail payment request 'includes the following: Cc: Department's Grant/Project Manager Subject: Project Number Number: example -- LP14025_Disb_l Attuchment. I ) Attachment B Payment Request Summary 2) Request for Payment Part 11 Reimbursement Detail 3) Copies of invoices 4) Other supporting documentation, as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: Michael isaacsonna dep state fl us DE,P Agreement No_LP44073, Attachment 8, Page 5 of 5 ATTACHMENT C 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 tangible 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:- Dr1' Agreement No, 1,1 3, Attachment C ", Page I of I ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: LP44073 Grantee Name: Monroe Count Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP44073 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Agreement No, LP44073, Attachment D, Page t of 1 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Departmetrt ", "DEP ", "FDEP" or "Grantor ", or other name in the contruct /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 PARTI: 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). 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 -133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1, paragraph I, 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. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, is not required. in the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non - Federal resources (i.e.. the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at t; .,. DEP Agreement No. LP44073, Attachment E, Page I of 5 PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. 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 far - 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 snatching requirements_ In connection with the audit requirements addressed in Part 11, 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 of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at for assistance. In addition to the above websites, the following; websites may be accessed for information: Legislature's Website at State of Florida's website at Department of Financial Services' Website at and the Auditor General's Website at � ,, „ �:', i , . . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to ,specify any additional audit requirements imposed by the State awarding entih that are solely a matter gf that .Slate awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 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 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: A. The Department of Environmental Protection at one of the following addresses: By Mail: DEP .Agreement No. LP44073, Attachment E, Page 2 of 5 Audit Director Florida Department of Environmental Protection Office of the Inspector General. MS 40 3900 Commonwealth Boulevard Tallahassee. Florida 32399 -3000 Electronically: 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 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. 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: 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 Electronically: DEP Agreement No, LP44073, Attachment E, Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building i i 1 West Madison Street Tallahassee, Florida 32399 -1450 Copies of reports or management letters required by PART Ill of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, M5 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Electronically: I - DI_I'SinO \u ht«flcj Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F. Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection. or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP .Agreement No. LP44073, Attachment E, Page 4 of 5 E\IIIRrr— i FUNDS AWARDED I0'il--1L RL-CIPIEN [ PURSUAN FTC? I HIS AGRhf- 'M[ -.NT CONSIST OI T I& FOLLOWING. Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal A encv Cl Number CFDATitle Funding Amount S tate Appropriation Cateeory State Appropriation Cate ory Original Agreement I louse B i l l 447, Florida Keys Stewardship Act, General Revenue 2016 -2017 37 -039 Statewide Surface Water Restoration and Wastewater Projects $1,500,000 141 1 15 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program Number Federal A encv CI'I}A CI'DA Title Fundi:ae Amount State Appropriation Cate ory State Appropriation Cate ory Original Agreement I louse B i l l 447, Florida Keys Stewardship Act, General Revenue 2016 -2017 37 -039 Statewide Surface Water Restoration and Wastewater Projects $1,500,000 141 1 15 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.47, F.5.: State Program Number Fundin Source State F fiscal Year CSFA Number CSFA Title I r Funding Source Description Fundin g Amount State Appropriation Cate ory Original Agreement I louse B i l l 447, Florida Keys Stewardship Act, General Revenue 2016 -2017 37 -039 Statewide Surface Water Restoration and Wastewater Projects $1,500,000 141 1 15 Total Alward $1,500,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDAI [ ) and /or the Florida Catalog of State Financial Assistance (CSFA) 1https:// apps,tl dts .coin/1'saa/searchCalalog.aspxl. The services /purposes for which the funds are to be used are included in the Contract scope of services /work, Any match recluired by the recipient is clearly indicated in the Contract. DGP Agreement No 1-1`=14073, Attachment L, Page 5 of 5 DEP AGREEMENT No. LP44073 CHANGE ORDER No. 1 MONROE COUNTY This agreement entered into on April 14, 2017, is hereby revised as follows: WHEREAS, the Grantee has requested a revision in the scope of work within the Agreement period; WHEREAS, the Grantee has requested a reallocation of the budget that is less than 10% of the total budget. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the GRANTEE do hereby agree as follows: 1. Attachment A, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A -1, Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to prior Attachment A's, shall hereinafter refer to Attachment A -1, Revised Grant Work Plan. Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 2. All other terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year, last written below. MONROE COUNTY 0 Grant Manager Date: FEID No 59- 6000749 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION an Program Administrator Date: Michael Isaacson, DEP Grant Manager DEP Agreement No. LP 44073, Change Order No. 1, Page 1 of 1 ATTACHMENT A -1 GRANT WORK PLAN PROJECT TITLE: Monroe County Canal 475 Backfill Restoration and Canal Skimming Demonstration Program Projects PROJECT LOCATION: The Canal 475 Project will be located in the Rock Harbor neighborhood, which is located within the unincorporated area of Key Largo, Monroe County, Florida. Project coordinates are latitude 25.070352 and longitude - 80.462159. (See attached location map.) PROJECT BACKGROUND: In 2013, Monroe County (Grantee) completed a comprehensive Canal Management Master Plan (CMMP) in order to provide a framework to identify, prioritize and correct water quality impairments within the entire Florida Keys canal network. This plan identified 131 canals classified as having Poor water quality. Canals receiving a Poor classification were scored and ranked using specific canal attributes to provide a list of high priority canals which were suitable for consideration of various public works restoration projects. Canal 475 in Key Largo was identified as a Poor canal that is too deep, lacks oxygen, and is in need of a backfilling restoration. In 2015, the Grantee completed an EPA - sponsored alternative technology evaluation to address accumulated muck in canal bottoms which depletes dissolved oxygen levels in the canals. Removal of the muck and addition of oxygen will help to restore the canal waters. The traditional methods of reducing the amount of accumulated muck require the removal of muck by machine and are expensive and disruptive to the use of the canal. The Grantee wants to test alternative methods that, if successful, may be less expensive for the muck removal process. The projects are designed to evaluate the cost, and effectiveness, of utilizing an augmented aeration technology which introduces oxygen and potentially, microbiological organisms, to stimulate bacteria and other organisms to degrade the accumulated muck. PROJECT DESCRIPTION: The Grantee has implemented six canal restoration demonstration projects prior to this project. The restoration of Canal 475 in Rock Harbor involves backfilling, to raise the canal bottom, to 6 feet below the Mean Sea Level, which is the optimum depth to allow for tidal flow in and out of the canal. The engineering design, access coordination, and permitting services for these demonstration projects are underway, and construction is anticipated to begin in the spring of 2017. TASKS and DELIVERABLES: Task 1: Canal #75 Design and Permitting Task Description: The Grantee has procured AMEC Foster Wheeler, Inc. in accordance with state law prior to execution of this Agreement. AMEC will complete the design of the Canal #75 backfilling project and obtain all necessary permits for construction of the project. The Grantee will submit documentation of preconstruction activities, as described below. The Canal 475 project will consist of (1) collection and processing of environmental and engineering data; (2) completion of 30, 60 and 100 percent design plans; (3) preparation of permit packages for state, federal, and local permit applications; and (4) resident notification and staging area access coordination. Deliverables: Design completed to date as described in this task, as evidenced by these deliverables: 1) Signed acceptance of the completed work by the Grantee, 2) Summary of design activities to date, indicating percentage of design completion representing time period covered in the payment request. 3) The final payment request for this task must be accompanied by an electronic copy of the final design and a list of all required permits identifying issue dates and issuing authorities. Upon request, the Grantee will provide DEP Agreement No. LP44073, Attachment A -1 Page 1 of 4 paper copies of obtained permits or permit related correspondence or documentation and the final design document. Performance Standard: The Department's Grant Manager will review all deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. Task 2: Canal #75 Bidding and Contractor Selection Task Description: The Grantee will subcontract the construction of the backfilling of canal 475 with a qualified and licensed contractor, selected through the Grantee's procurement process. The Grantee shall prepare and solicit proposals utilizing a proposal package in accordance with state and federal laws and this Agreement. Included in this task are pre - proposal meeting(s) in response to proposal questions. Deliverables: Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public notice of advertisement for the bid; 2) electronic access to all inquiries, questions, and comments regarding the bid documents, if applicable; 3) electronic copy of bid package; and 4) written notice of selected contractor(s) provided prior to submitting any invoices for the subcontracted work. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 3: Canal #75 Proiect Management Task Description: The Grantee's engineering consultant AMEC will perform project management, to include field engineering services, construction observation, site meetings with construction contractor and design professionals, and overall project coordination and supervision. If the Grantee contracts these services, the Grantee will procure such services in accordance with state law. Deliverables: Completed project management activities to date as evidenced by: Interim progress status summaries including summary of inspection(s), representative photos, meeting minutes and field notes, as applicable, prior to submitting any invoices. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to project management. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. Task 4: Construction of Canal #75 Proiect Task Description: The Grantee will construct the backfilling of canal 475 in Key Largo in accordance with the final design(s) and required permits. Construction under this Agreement is the final phase of DEP Agreement No. LP44073, Attachment A -1 Page 2 of 4 construction leading up to the completed project. AMEC Foster Wheeler, Inc. is providing the engineering oversight. Deliverable 4: Construction completed to date as described in this task, as evidenced by these deliverables: 1) Dated color photographs of on -going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. Task 5: Canal Skimming Demonstration Program Task Description: The Grantee will provide services to implement a demonstration program for the removal and hauling of floating vegetation and debris from canals in Key Largo - to avoid having the material sink in the canals and contribute to the load of decomposing organic muck, which depletes the canal waters of dissolved oxygen. Deliverables: Construction completed to date as described in this task, as evidenced by these deliverables: 1) Dated color photographs of on -going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. DEP Agreement No. LP44073, Attachment A -1 Page 3 of 4 M.2.b PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date and all deliverables must be received by the task end date. Task Task Title Budget Budget Amount Task Start Task End No. Category Date Date 1 Canal #75 Design and Contractual $52,387 09/21/2016 06/30/2018 Permitting Services 2 Canal #75 Bidding and Contractual $8,016.40 09/21/2016 06/30/2018 Contractor Selection Services 3 Canal #75 Project Management Contractual $76,428 03/01/2017 12/31/2018 Services 4 Construction of Canal #75 Contractual $1,216,000 03/01/2017 10/30/2018 Project Services 5 Canal Skimming Demonstration Contractual $147,168.60 01/15/2018 10/30/2018 Program Services Total: $1,500,000 LOCATION MAP DEP Agreement No. LP44073, Attachment A -1 Page 4 of 4 r m -a O a� a� c m U c t7 CL m 3 m r U) a w 0 Packet Pg. 2197