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05/08/2019 Agreement GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: Mav 16, 2019 TO: Rhonda Haag, Director Sustainability& Projects Lindsey Ballard, Aide to the County Administrator FROM: Pamela G. Hancock, D.C. SUBJECT: May 8'BOCC Meeting Attached is an electronic copy of Item C2, Contract with Wood Environmental& Infrastructure Solutions, Inc. for an amount not to exceed$42,465.66 for monitoring services for Hurricane Irma marine debris removal from plugged canals and potentially non-plugged canals in unincorporated Monroe County, funded by grant funds from the Florida Department of Environmental Protection and authorizing execution of the contract by the County Administrator, for your handling. Should you have any questions,please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND WOOD ENVIRONMENT AND INFRASTRUCTURE SOLUTIONS,INC. FOR CONSULTING SERVICES FOR HURRICANE IRMA MARINE DEBRIS MONITORING AND DISASTER RELATED SERVICES This Agreement ("Agreement") made and entered into this Bch day of May, 2019 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC") and Wood Environment& Infrastructure Solutions, Inc., its successors and assigns, a corporation of the State of Nevada, whose address is 5845 NW 158th Street, Miami Lakes, Florida 33014, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the canals in Monroe County have been negatively impacted by Hurricane Irma; and WHEREAS, the County applied to the Florida Department of Environmental Protection ("FDEP") for funding of marine debris removal monitoring and related services for plugged canals and other canals; and WHEREAS, the FDEP has approved plugged canals for clearing and has provided grants LP44073, LP44074, and SD005 to fund these services; and WHEREAS, the COUNTY issued a solicitation for DEP-funded marine debris monitoring and related work; and WHEREAS, the CONSULTANT responded to the County's RFP and was the top ranked CONSULTANT of the County's selection committee; and WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for DEP-funded work for Hurricane Irma marine debris monitoring and related services; and WHEREAS, CONSULTANT has agreed to provide monitoring services'which shall include but not be limited to providing hurricane marine debris monitoring services and program management services,which services shall collectively be referred to as the "Project". NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: -1- FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and_ the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations, The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The effective date of this Agreement shall be May 8th, 2019.. The term of the Agreement shall be for a one (1) year period, unless otherwise terminated as provided herein. The -2- COUNTY shall have the option of extending the AGREEMENT at the same terms and conditions with approval from the COUNTY'S Governing Board if needed for additional Hurricane Irma marine debris removal monitoring. Such extension shall be in the form a written Amendment to the Agreement executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Exhibit A to this Agreement. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS,OMISSIONS,DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the' work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall. be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: For the County: Mr. Roman Gastesi,Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key_West, Florida 33040 For the Consultant. Mr. Greg Corning 5845 NW 158th Street Miami Lakes, FL 33014 And: Mr. Ricardo Fraxedas 5845 NW 158th Street Miami Lakes, FL 33014 -3- ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving a Task Order and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. Bach Task Order requires the approval of the Board of County Commissioners. { ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county-maintained roads, any available maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. -4- ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities,damages,:losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans s and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to.purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should_any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless.and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. -5- ARTICLE.VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement,the parties anticipate that the following named individuals will perform those functions as indicated: Name Function Greg Corning Project Manager So long as the individuals named above remain actively employed or retained by the CONSULTANT,they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The Contract Sum shall not exceed Forty Two Thousand.Four Hundred Sixty Five Dollars and Sixty Six Cents"($42;465.66),unless amended by formal approval of the Monroe County BOCC. The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Exhibit.B to this Agreement. 7:2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid in accordance with assigned Tasks and completion of Tasks, based on submitted invoices. All invoices must meet FDEP standards and requirements found in FDEP Grants SD005, LP44073 and LP44074 shown in Attachment B. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; -6- (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The following documentation must be submitted to support the Consultant's request for reimbursement: Daily time records for each employee showing name, classification or job title, wage rate, hours, and dates actually employed on the Project. 7.3 REIMBURSABLE EXPENSES 7.3.1 There shall be no reimbursable expenses allowed under the Contract. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive,and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October I - September 30)by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration and approval of FDEP and. receipt of funds by FDEP. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as,specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. -7- 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease,policy limits,.$1;000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles; including onsite and offsite operations; and owned; hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00)annual aggregate. I I D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred: If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars($1,000,000.00)per occurrence and Two Million Dollars ($2,000,000.00)annual aggregate. If the policy is a"claims made"policy, CONSULTANT shall maintain coverage or purchase a"tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. Jones Act or Watercraft coverage is required G. COUNTY and FDEP shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. H. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. -8- I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. J. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of ( reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party:. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise,with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. -9- B. The COUNTY may cancel this Agreement without cause by giving the CONSULTANT sixty(60)days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, Exhibits A and B, and Attachments A and B, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any 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 public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records -10- purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW,VENUE,INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State: In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the. 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid Or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action Or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate.proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and Subconsultants and their respective legal representatives, successors, and assigns. -11- 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications;requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable,,relating to nondiscrimination. These include but are not . limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 -12- (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, ,percentage, gift, or consideration. -13- 9.21 PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida.The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County 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 this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. -14- If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody,release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO. TGIF: CONTRACTOR'S DUTY TO. PROVIDE PUBLIC RECORDS .RELATING TO .THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292-3470 BRADLEY-BRIAN(1P,MONROECOUNTY-FL.GOY,. MONROE, COUNTY ATTORNEY'S OFFICE 1111 12.""Street,SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or • responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. -15- 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in Appendix II to Part.200, as amended, including but not limited to: 9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60. all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). -16- 9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." and any implementing regulations issued by the awarding agency. -17- 9.29.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235). `Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. Other Federal Requirements: 9.29.9 Americans with Disabilities Act of 1990(ADA)—The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. -18- • 9.30 The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. • ` ^ry !•� TNESS WHEREOF, each party has caused this Agreement to be executed by its duly ��.' y. aut': ed representative on the day and year first above written. •••4 •''-.f;::' 4C).'4 : 1 ti} ' V,R l 1,1 BOARD OF COUNTY COMMISSIONERS y, :' :iEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA ,4.E,p 6-' By: By: o� , • Deputy Clerk Mayor _� .mac; '= _: Date: — g Za l/ ,��. "� CD (Seal) WOOD ENVIRONMENT & ..;;�'rs c> INFRASTRUCTURE,INC. --yi`—r r+ tv-. . Attest: --_ P 77 . , , .. • BY:, ".,4,-,,.. _, -.-_-2.„,,,,,,_ YA) By: t4-7--1o•el �'c/&,:e_, ! � Title:�.yl,t.jc c- l ,c O C, t r-cc t;4i,,t Title: 6/ _i r�it/6/Af ea .(f1ONAOE COUNTY ATTO'NEY ' - ?AP_ P�gVEO A 0 RM STATE OF /G'.k.,r��-- Date: (/ �'C ✓I - 6 o i COUNTY OF ,4/`,•21;r/v'�r�i.'-,i.•1 On this F� day of fr/ilo.,t1 20l , before me the person whose name is subscribed above,and who produced ( /7 . . as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. gi Not�t Pubii&j- f Y^Y`i!}66((, 1'at►U`n 2.a k-aJ J --- -- Print Name -/— A / —y MAGGIE PROENZA-KANAIQS My commission expires: / Seal =+� '�' :A_ MYCOMMISSlONICs627t 86 ;a ��;.,��` EXPHtES Match 20,2023 "Of,Re,ik°Q-Bonded Nu Now/P bIC lhdeiwkas 1 -19- EXHIBIT A SCOPE OF SERVICES 2.1 Upon written authorization from the County the Consultant will perform the tasks outlined below to assist the County in responding to the aftermath of Hurricane Irma and its impacts on plugged and non-plugged canals in unincorporated Monroe County. The 5 minimum plugged canals for debris removal and monitoring are shown in Attachment A. Additional non-plugged canals may be added for monitoring dependent on approval of funds from FDEP and at the direction of the County. All activities will comply with the requirements of grant agreements LP44073, LP 44074 and MN008 from FDEP and any applicable federal or State laws and local ordinances. This scope covers monitoring work in canals and TDMA sites in unincorporated Monroe County.. 2.2 Due to the June 30, 2019 FDEP grant MN008 deadline for the plugged canals work, the County anticipates that marine debris removal, work may be performed in multiple locations simultaneously. TDMA site monitoring is not anticipated for the plugged canal work, but may be needed at a later date if additional canals are cleared. The Consultant shall be prepared to staff two or more sites at the same time if needed. The Consultant shall designate on the work site(s) a qualified full-time monitor. For the plugged canals work, a full time supervisor or project manager is not required. An accessible supervisor(s) or project manager shall be available. The accessible and designated project manager or supervisor shall have full authority to act on behalf of the consultant and its subcontractors and all communications given to the supervisor in writing by the County's authorized representative shall be as binding as if given to the selected firm. It is anticipated there may be two operational TDMA sites for non-plugged canal clearing: Key Largo and Big Pine Key. There are anticipated to be no TDMA sites for the plugged canal clearing. 2.3 The Consultant shall provide the following services: 1. Provide immediate general program management services with regards to marine debris collection and disposal activities within the County; 2. Provide immediate contract monitoring services related to managing the activities of the County's marine debris contractor(s), including but not limited to: p Monitor contractor activity to confirm accuracy and compliance with all federal and state laws and local ordinances; a Ensure proper equipment is mobilized and used, and ensure proper loading techniques are utilized; m Monitor marine debris site management for proper segregation of debris, adherence to site permit requirements; a Ensure adherence to safety procedures Q Monitor Temporary Debris Management Areas (TDMA), site set-up and restoration to ensure accuracy and compliance with federal, state,and local laws; ri Measure and certify truck capacities and retain records of each vehicle Investigate, document and resolve property damage complaints from the public; -20- ■ Conduct end of day duties, such as verifying all trucks have left the disposal site, addressing daily safety reports and corrective action recommendations, and locking down of the facility., o Monitor the activities conducted under local, state and federal permit requirements for applicable marine debris removal work, including but not limited to, marine debris clearing, organic silt removal, hauling and vessel removal. n Ability to read and interpret side scan sonar results. p._ Monitor organic and mechanical silt and sediment removal, dewatering methods and disposal — ensuring it is removed, dewatered, and disposed of in methods meeting all local, state and federal requirements. Monitor the marine waters for threatened and endangered species, take immediate appropriate protection measure, report to the appropriate County, State and Federal officials 3. Provide marine debris collection and disposal site monitoring services at staging areas, Temporary Debris Management Areas and final disposal sites at the direction of the County and in accordance with local, state and federal requirements, including but not limited to: a Monitor marine debris collection activities to ensure debris eligibility (type and location of collection), provide accurate load tickets with all required information, document damage to property by contractor; • Monitor staging areas and TDMA sites to ensure entry by certified trucks only; provide accurate determination and documentation of marine debris quantities for debris brought into site and reduced debris leaving the site for final disposal. • Ensure proper soil sampling of staging areas and TDMAs as necessary, before and after use by debris contractors. Monitor compliance by debris contractors with environmental regulations (including but not limited to regulations issued by DEP), DDMS site permits or authorizations, and requirements of any other permits or authorizations (including but not limited to Army Corps of Engineers) and report non-compliance. n Monitor and document trucks entering landfill/final disposal sites to confirm, and document quantities brought to final disposal. n Survey the affected areas for special situations or emergency needs, including but not limited to, identifying navigational hazards, hazardous trees, construction and demolition (C&D) debris in the waters, or other potentially hazardous marine situations. The consultant will document locations, track and coordinate the appropriate dispatch of equipment and make frequent reports to the County on any post-event remedial action. 4. Provide data management of all collection and disposal tickets; 5. Provide the County with daily operating reports that include, at a minimum, information regarding specific canals where collection has occurred, number of crews working, quantities of hours worked by the contractors, quantities of debris by type collected from canals and ncarshore waters; marine debris quantities accepted at or shipped from each TDMA site, marine debris -21- quantities shipped to recycling centers or final disposal site and details of damage complaints and any operational/safety issues; 6. Review and approve debris removal contractor invoices submitted to the County; 7. Respond to questions regarding operations and documentation, as needed, during FDEP review and close out processes. I ! 2.4 Additional Services The following services will be provided upon authorization by the County: A. Providing technical and permitting assistance associated with the need to locate additional TDMA sites when requested by the County. B. Collecting baseline data, per local, state and federal requirements, from the designated emergency debris management sites prior to opening these sites. C. Assisting the County with obtaining necessary local, state and federal permits for the designated emergency debris management sites and for any hydraulic dredging activities to take place. D. Conducting ongoing environmental data collection per local, state and federal requirements for the designated emergency debris management sites. E. Providing technical, clerical, and information technology assistance to the County for completing any and all forms necessary for reimbursement from State or Federal agencies,relating to eligible costs arising out of the disaster recovery effort. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, and preparing replies to any and all agency requests, inquiries or potential denials -22- EXHIBIT B CONSULTANTS RATES -23- .%,•. , , ,. ,S,,,,,`'\''\ \' \ \,, ' \,‘,. f :k,1,.'f,:..'.',),,,.', ',.i i1,i ;...,:,2 vA.....,\n„,, 7', P'i.' % 0.. y \i, i ,I Costa m rnma r 4 .t„` , \'— ' ttfir r:,,, 7 1r( _- \_ ..._�N \ �`` _\ \ .. L 1111 \ /� //,5,'\..c ' .1 ILtill/I 111 4 ��iri i Monroe County Marine Debris Monitoring Cost Summary i:� Wood Labor 1 I Classifications Description Required HourlyRates I 1 q Signature authority for Wood and coordinates Principal in Charge and provides support to Project Manager on all 1 $194.00 contract modifications and pay estimates. s -- - Coordinates directly with County and 1, )i Contractor to establish the scope and limits of . j,' Project Manager the job and familiar with all contract documents 1 $142.20 including grant submittals and reimbursement requirements. Provides safety oversight during the project • - Debris Monitoring to ensure all Health &Safety requirements 1 $159.00 Safety Specialist according to Monroe County and OSHA are . i _l being followed and met. ,,;. jEnsures all daily field data generated from the t GIS Analyst/Data Manager inspectors is being properly stored to ensure 1 $132.00 s: p y applicable back up for the reimbursement ? ;' activities. t Manages the collection monitors and Field Supervisor coordinates directly with project manager 1 $89.20 ,, . to ensure the project is being completed according to plans and specifications. -C Dive Team (as needed) Provides dive support for the project on an as 3 $291.60 L needed basis for project verification purposes. Provides (as needed) and interprets and _ 04 Side Scan Survey Crew analyzes the pre vs. post side scan sonars 7-7 (as needed) to assist with the completion certification 2 $177.00 °°" documentation. Coordinate with field supervisor and ensure TBD based one a the Contractor is completing the project in County direction T. Collection Monitors accordance with the plans and specifications. and Contractor $77.20 Ty. Canals and TDMAs provided methodology plan :" '<` Notes: :.!`.10. : 1. The above fees for these services will be provided on a time and materials basis and are fully burdened :. • to include general expenses(travel, lodging, per diem, standard project costs, etc.). n„. '''` -..�T h"+Yr .!r,-:J a-,sdezti� .-+Fy_•�ith ,--s Yi. ? 4.ULd:=0,1., .L iv'Ln ,elt4.13t� t le a.3�, �A `w Tnt a Wood understands the proposed project has a strict schedule and budget for completion of the plugged canals within Monroe County based on the FDEP grant funds and will ensure that we deploy the necessary r: staff to complete the project on schedule and within budget. F ' r P. h With that in mind,Wood has resources already deployed to the Keys,including local staff,for the NRCS Marine . 1 t~ Debris Project and will be able to re, quickly mobilize to project areas to complete these activities within the strict }4 42 schedule and budget requirements. 1yg`7'iy` ` :va' �-i z •. r < *.1z. - , 'Ns.j. j ' � 1.4, :%, ..,mlow } .4rfly,,a tof 1 r ',4, 1 ie .''44. it 7 4°hM. W41. W :Zf'"1 d .slit. i.,t. N • § 1 7. elk"1¢' Monroe County, Florida Cost Summary April 30, 2019 Monroe County Marine Debris Monitoring Services Page No. 7 ATTACHMENT A .PROJECT LOCATION: The-Project:will be located in five plugged canals throughout unincorporated Monroe;County,as follows: Canal Name Latitude Longitude Estimated Cubic Yard of Debris to be Removed 19 Key Largo Split 25.210046° 80 33.8862° 100 20 Key Largo 25.194424° -80 350015° 200 62 Rock Harbor 25.090122° ;80.460tl9° 100 309 Big Pine Key 24.666557° 81 364926° 500 448 Big Coppitt Key 24.595305° 81,647919° 100 Additional plugged or non-plugged canals may be added for monitoring located from Key Largo to Stock Island.Municipalities' canals may be added at the direction of the County. -24- I ATTACHMENT B DEP Stewardship Grants SD005 LP44073 LP44074 • =zs- Grant SD005 • STATE'OF FLORIDA DEPARTMENT OF ENVIRONMENTAL,PROTECTION Standard Grant;Agreement This Agreement-is entered into between the Parties named below,_pursuant to Section 215:971,'Florida,Statutes:. 1. Project Title(Project): Agreement Number: Monroe County Marine Debris Removal-Plugged Canals SD005 2. Parties State;of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, De artment Tallahassee,Florida 32399=3000. ( p ) Grantee Name,: Entity Type: ,. Monroe County Board of County Commissioners County Government Grantee Address:1111.12th Street Suite 408,Key'West,FL 33040 -FEID:. 50-600074� (Grantee) 3. Agreement:Begin Date: Date of Expiration'. Upon Execution June 30,20'19 4. Project:Number: Project Location(s): (Ijdri erehijoin 4greemen1Nunib'e,) Canals in Monroe County Project Description:The Cegh'actor will be responsible for the reniowd ofmatinc debris front up to5 of the plugged canals:Effosls are to include the idenfiGmlion orlocal(ons in the water where significant mmino debris exists,locating removing and(rngsporting of the imarine debris to,debris slues(trig Pine Prison and Rowell's Parts DDUS),including oversight or operntionsfar the project under Workplan Tacks 1 and 2, 5. Total Amount ofFunding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): R] State ❑Federal GAA#1552 $100,000.00 0 State❑Federal ❑Grantee Match Total-Aniount.of Funding,+Grantee Match,if any: _ $100,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Randal Landers Name: Rhonda Haag or successor or successor Address: 2295 Victoria Ave Address: 102060 Overseas Hwy Suite 364 Suite 246 Fort Myers,FL 33901 Key Largo,FL 33037 Phone: 239-344-5659 Phone: 305-453-8774 Email: Ranclal,Landers a FloridaDEP.gov Email: Haag-Rhoncia@Mon roeCounty-FL.gov 7. The Parties agree to comply with-the-terms and conditions of the following attachments and exhibits which are hereby incorporated hy.reference: l21 Attachment I:Standard-Terms and Conditions Applicable to All Grants Agreements Pi Attachment 2:Special Terms and Conditions Attachment 3:Grant Work Plan .0 Attachment 4:Public Records Requirements © Attachment 5:Special Audit.Requirements ❑Attachment 6:Program-Specific,Requirements 0 Attachment 7: Grant Award Terms(Federal)*Copy available at luto://fact5.11drs.eoin .hi accordance_with*2(5.985,FS.. ❑.Attachment 8:Federal Regulations and Terms(Federal) 0-Additional Attachments(if necessary): 121-Exhibit-A Progress'Report Form 0 Exhibit'a:Property Reporting Form ®Exhibit C:Payment RequestSummary'Fornr ❑Exhibit D: Quality Assurance Requirements'for Grants C7.EXliibit E:Advance Payment and Interest-Earned Menlo ❑Additional Exhibits(if necessary): DEP Agreement No. SD005 Rev;6/20/18 8. Thofn!lowing information applies to Federal Grants only and isidentifiedin accordance with 2 CFR 200.331(e)(I): Federal AWeid'Identifieeticin Ntteibei(t)'(FAINX N/A Federal Award Date.to Department: Thtal Fideral"FirndsObligeted bythit Agreement: S0:00 :Federal AWarding:Ageney': . N/A .AWard 0 Yes. 0N/A IN WITNESS VVHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin'Date above or the 'last date signed below,whlehever is later. Ceu...,,47 1:30 GRANTEE Grantee Name -•By .,- — ' .20i1 11•r• -•.g • •Sylvia Murphy,Mayor " -",• 1. rieu-rYcic -- Print Name and.Title of Person Signing • 1144, r A•41,,A • State of Florida Department of Environnientel Protection iquo. T By Secretary or Designee Date Signed Jon Iglehart,Director Print Name and Title of Person Signing El Additional signatures attaehed on separate page. flip,P9IESDVCEDUANS"T"if 4EY -C-fytAA PEDF1 J.I EFICADO _ ASSISTANT C5) W-ATT- Airy DEtte DEP Agreement No; &mos Rev.0/20/1'8 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL,PROTECTION STANDARD'TERMSANDtOND1TIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement., This Grant Agreement;including any Attachments and,Exhibits referred to herein and/or;attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreeinents,.whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee.'s forms or invoices shall be null and void, 2. Grant•Administration. a. Order of Precedence. If there-are conflicting provisions among the documents that make up the Agreement,the order of,precedence for interpretation the Agreement is as.follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement Attachment 1,Standard Terms and Conditions iv. The Exhibits in the order designated in'the Standard Grant Agreement b. All_approvals,written or verbal,and other written,communication among the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication'shall be by electronic mail, U.S.,Mail,a courier delivery service, 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, If the notice is delivered.in multiple ways,the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and,contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between bath parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2)a'change in Grantee's match requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount of finding transfers between approved budget categories, as defined in Attachment.3, Grant Work Plan, that exceeds or is expected to exceed twenty percent(20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (I)task timelines within the current authorized Agreement period change;(2)the Cumulative'transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,'are less than twenty percent(20%)of the total budget as last approved by Department;and/or (3)fund transfers between budget categories for the.purposes of meeting match requirements: This Agreenient may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are.calendar days unless'otherwise'specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the,dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions,The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless'other wise specified in Attachment 2, Special Terms and Conditions. However,work performed prior to the execution of this Agreement May be reimbursable or used for match purposes.if perinitted by the Special Terms and Conditions. 4. Deliverable's. The Grantee agrees,to render the.services or other units of dehiveiables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and atthe pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set. forth in this Agreententandall attachment and'exl ibits;incorporated by the Standard Grant Agreement, Attachment 1, • l.of11 Rev. 1/4/19 • 5. Performance Measures. The,Grantee warrants that:.(1)the'services will be-performed by qualified personnel,(2)the_services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike;manner in accordance with industry standards and practices,(4)the services shall not and,do;not infringe upon,the intellectual property,rights,;or any other proprietary rights, of'any third party; and;(5) its,employees, subcontractors,and/or-subgrantees shall comply with any and`safety requirements and processes,if provided by Department,for work done'at the Project Location(s).`The:Department:reserves the right to investigate or inspect at any time to determine whether the services or qualifications.offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary,.written acceptance ofa particular deliverable does not foreclose Department's remedies in the event deficiencies in the,deliverable cannot be readily measured at the time of delivery: 6. Acceptance of.Deliverables. a, ..Acceptance'Process. All deliverables must be received and accepted'in writing.by Department's:Grant Manager before payment:The Grantee:shall_work diligently t correct'all deficiencies in the deliverable that remain outstanding,wi hi within a"reasonable time at Grantee's'expense.If Department's Grant Manager does not accept the deliverables n 30.days of receipt,,they will be.deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,'as outlined in the'Grant Work Plan,as incomplete,inadequate;'or unacceptable:due,in whole or in part,to Grantee's.lack of satisfactory performance under the terms of this Agreement The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements`or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made. acceptable to'Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within:which Grantee May remedythe objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an eventof default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained iti the Grant'Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/coniplywith provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified tiineframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days of receipt of a CAP;Department shall notify Grantee in writing whether the CAP proposed has been accepted: If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter;rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice.of acceptance of a proposed CAP, Grantee shall have ten(10)days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement;`In the ever-lithe CAP fails to correct or eliminate performance deficiencies by Grantee,Department shall retain the might to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by Department-or,steps taken by Grantee shall preclude 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 Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP'Pr failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2 of 11 Rev. 1/4/19 8. Payment. a: Payment Process.Subject to the terms and conditions established by the Agreement,'the•pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee;for services rendered in accordance with Section 215.422,Florida Statutes(F.S). ,b. Taxes.The Department.is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and:use takes,or for payment by Granteeto suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not.use,Department's exemption'number in securing such materials.The Grantee shall be responsible and:liable for the payment of all its FICA/Social Security and other taxes resulting.from this Agreement. c. Maximum Ainount:of Agreement: The maximum amount of compensation under this Agreement, without an amendment,is described in theStandard Grant Agreement.Any additional funds necessary for the completion of this Project.are..the responsibility:of Grantee. d. Reimbursement for Costs.The Grantee shall be.paid on a cost reimbursement.basis'for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested .on Exhibit C,"Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance w.idi 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:www.myfloridacfo.com/aadir/reference guide/. e. Invoice Detail. All charges for.services rendered or for reimbursement of expenses authorized by Department pursuant to the,.Grant Work Plan shall be'submitted to Department in sufficient detail for a proper.pre-audit and post-audit to be performed. The.Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work.Plan. f Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have.first been accepted in writing by Department's•Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department.no later than sixty(60)days following the expiration date of the Agreement to,ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration'date of the Agreement: h. Annual Appropriation Contingency. The State's•performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a comri itment of future appropriations.,Authorization for continuation and completion of work and any associated payments may be rescinded, with .proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.mytloridacfo.com/Division/AA/Vcnclors/default.him. j. Refund-of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms Of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided tosubstantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position,classification, direct salary rates, and hours.spent on the Project inaccordance with Attachment 3,.Grant Work Plan,in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs.lfGrantee is being reimbursed for or claiming match for multipliers,all multipliers used(Le:,fringe benefits,overhead,indirect,.and/or general and administrative rates) shall be supported by audit..If Department determines that multipliems charged by;Grantee exceeded the rates. supported by audit,.grantee shall,be required to reinburse.such funds to Department within thirty(30)-days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs(Subcontractors).:Match or reimbursement requests for payments.to subcontractors'must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. 'Subcontract&which involve payments'foi direct salaries shall clearly identify the personnel involved,salary rate per hour;and hours spent on the Project. All eligible,multipliers.used.(i.e., fringe'benefits,overhead, indirect,, Attachment 1. 3'of 11 Rev.1/4/19. and/or general and administrative rates)shall be supported by audit. .If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to,reimburse such funds to Department within thirty(30) days of written notification., Interest'shall'be charged on the excessive rate. Nonconsumable and/or noiiexpendable personal property dr'equipment costing$1,000 or more purchased for the Project undera subcontract`is subject to the"requirements set forth in Chapters 273 and/or 274,F:S.,and Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73,'F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee.shall comply with this requirement and ensure its subcontracts issued under.this Agreement,if any,impose this requirement,in writing,on its subcontractors: i. For fixed-price (vendor)subcontracts, the following provisions shall apply:- The Grantee may award,on a competitive basis,.fxed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities.shall be supported with a copy of the subcontractor's invoice.and'a copy of the tabulation form for the competitive procurement process(e.g.;Invitation,to Bid,Request for Proposals, or other similar competitive procurement-document) resulting in the fixed-price subcontract.,The Grantee may request approval from Department to award'a fixed-price subcontract resulting from procurement methods.other than those identified above.In.this instance,Grantee shall request the advance written, approval from .Department's Grant Manager of the fixed price negotiated by Grantee.The letter of request shall be;supported by-a detailed budget and Scope of Services to be performed by the subcontractor. Upon;receipt of Department Grant,Manager's approval of the fixed-price amount,Grantee may proceed in finalizing.the fixed-price subcontract. ii. If'the procurement is subject to the 'Consultant's Competitive. Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the'statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct.purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased tinder the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. E Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies Of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil oradministrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;-and/or obtaining record title ownership of real property through purchase)must be supported by the following,as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrumentdocumenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee"shall submit status reports quarterly,unless otherwise specified in the Attachments,.on Exhibit A, Progress Report Form, to. Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the,next reporting period. Quarterly status reports are due no later than.twenty(20)days-following the completion of the quarterly 'reporting period., For the purposes_of this reporting requirement,the quarterly.reportingperiods end,on March 31,June 30, September`30 and December 31. The Department will review the required_reports submitted by Grantee within thirty(30)days. Attachment 7 4of 11 Rev;1/4/19 • 1 11. Retainage. The-following provisions.apply if Department withholds retainage Under this Agreement: a. The Department reserves the right to establish the amount and application of retainage.on the work performed under this Agreement up to the maximum percentage'described in Attachment 2,'Special Terris and.Conditions. Retainage maybe withheld from-each payment to,Grantee pending satisfactory completion ofwork.and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure-to.provide adequate documentation that the work was actually performed. The Department,shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department: c. No'retainage shall be released or.paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its subsgrantees and/or subcontractors,if any,to maintain insurance coverage ofsuch types,and with such terms and limits as described in this Agreement. The Grantee shall require all'its sub-grantees and/or subcontractors,ifany,to Make compliance with the insurance requirements of this Agreement a condition of all contracts that:are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in,no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of insurance: Upon execution ofthis Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of-applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage.by standard form certificates of insurance,a self- iusui'ed authorization,or'other certification of self-insurance. d. Duty to Maintain.Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of'work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of-the effective date-of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events bf default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies.ofDepartment in this.clause are in :addition-to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon'Notice of Termination.-After receipt of a notice of termination or partial termination unless at otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the'extent specified,in the notice: However,Grantee shall continue work on any portion of the.Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall he paid only for that work satisfactorily performed.for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits: d. Continuation of Prepaid Services:IfDepartment has,paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department'with those services for which it Attachment 1 5 of It Rev. 1/4/19 • has already-been paid or,'at.Departinent's discretion,Grantee shall provide a refund for services.that have been paid for but not'rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the-Agreement are being transitioned to'another provider(s),Grantee shall assist in the smooth.transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative ,obligation to,cooperate with the new provider(s),`however additional requirements may be outlined in the Grant Work Plan. The Grantee.shall not perform:any services after Agreement expiration:or termination;except as necessary to complete the transition or continued portion of the Agreement, Ka*. 14. Notice of Default. if Grantee defaults in the,performance of any covenant or obligation contained in the Agreement,including,any,of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances:.This notice shall state the nature of the:failure'to perform and provide'a time certain for correcting the failure:The notice will also provide that,should the Grantee fail to perform within the tithe provided,Grantee will be found in default, and Department may terminate-the Agreement effective`as of the date of receipt of the default notice. 15. Events ofDefault. Provided such failure is not the fault of Department or outside,the.-reasonable control of Grantee,the following non- exclusive list of events;acts,or omissions;shall constitute events of default: a. The commitment of'any material breach of this Agreement by Grantee, including failure to'timely deliver'a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable.time after notice to do"so,or,abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such, made by the Grantee in this Agreement or in its-application for funding; c. Failure to submit;any of the reports'required by this Agreement or having submitted any report with incorrect, incomplete,or,insufficient information; d. Failure to honor any terin of the Agreement; e. Failure.to abide by any statutory, regulatory,, or licensing.requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; 1. Failure to pay any'and all entities; individuals, and furnishing labor or materials,or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title d 1 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv: An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquiidation. 16. Suspension of Work. 'Fite Department may,in its sole discretion,suspend-any oral] activities under the.Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension.Examples of reasons for suspension include,but are"not limited to,budgetary constraints,declaration, of emergency;or.other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice.. Within 90 days,or-any longer period agreed to by the parties,Department shall either:(1)issue a notice authorizing resumption of work,•at which time activity shall resume; or (2)'terminate the Agreement. If the Agreement_ is terminated after 30 days of suspension;the notice of suspension shall be'deemed-to satisfy the thirty(30)days'notice required for a notice,of:termination for convenience.Suspension of work shall not entitle Grantee to any;:additional • compensation. Attachment 1 6.of.11 Rev: l/4/19 17. Force Majeure. The Grantee shall not be responsible'for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents'contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies,,strikes, fires; floods, or'other-similar cause wholly beyond'Grantee's control, or for.any of the foregoing that affect subcontractors or'suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the.delay either(I)Within ten days after'the cause that creates or will create.the delay first arose, if Grantee could reasonably foresee that a delay'could occur as a result; or (2) if delay'is not"reasonably foreseeable, within" five days after the date Grantee first had reason to:believe that a delay could-result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition'precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee l riot be entitled to an increase in the Agreement price or payment of any :kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited-to costs-of acceleration or inefficiency, arising because of'delay, disruption, interference, or hindrance from any cause whatsoever. If performance.is suspended or delayed, in whole or in part,due to any of.the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case.Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to,allocation; (2) contract with other sources(without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,.which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in.part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and:costs of every name and description arising from or relating to: i. personal injury and.damage to real or personal tangible property alleged to be caused in whole or in • part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission.of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect.to any legal action are contingent upon Department giving Grantee:(I.)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any.such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense.The Grantee shall not be liable for any cost, expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be"unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to. Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However; nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be stied by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose-liability on Department for which it would not otherwise be responsible. Any provision, implication Or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to,compensatory damages'inan amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in,this Agreement shall be construed to make Grantee liable for force"majeure events. Nothing in this Agreement, including ,financial consequences for nonperformance, shall limit Department's right to` pursue its remedies.for other types ofdamages under the Agreement, at law or in equity.The Department may, in addition to Attachment 1 7ofII Rev.1/4/19 r other remedies available to it,at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs andthe like asserted by or against it. 21. Waiver. The delay or failure-by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to'enforce those tights,nor shall any single or partial exercise of any such right preclude any other or further exercise-thereof or the exercise of any other right. 22. Statutory Notices,Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the,Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the'following restrictions apply to:persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal,`or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies en leases of real property to a public entity;may not be awarded. or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017;F.S.,for CATEGORY TWO for a period of 36.months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed'on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction"or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a"contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers,subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website.Questions'regarding the discriminatory vendor list may be_directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses,and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein.Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties.agree to be responsible kir their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the.Grantee is found to have submitted a false.certifcation,or if the Grantee is placed on the Scrutinized. Companies that Boycott,Israel List or is engaged in,the boycott of Israel during the term of the Agreement, b: If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan,'Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S:Pursuant to Attachment 1 8 of I Rev:1/4/19" 4 Section 287.135,R.S.,the Department may immediately terminate this Agreement at:its sOle option if the Grantee is found to-have submitted a false certification;.or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List,or:Scrutinized Companies.with.Activities in the Iran Petroleum Energy Sector List,or 'engaged with business o'perationsin"Cuba or Syria during the term:of the Agreement. c., As provided in Subsection 287.135(8),F:S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. .25. Lobbying and Integrity. The Grantee agrees,that no funds received by it under this Agreement will be expended for the purpose'of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S.during the term of any,executed,agreement between.Grantee and the State,Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or-compensation regarding that agreement.The Grantee shall comply with Sections 11,062 and 210.347,F.S: 26. Record Keeping. The Grantee shall maintain"books,records and documents directly pertinent to performance under this.Agreement in accordance-with United States generally accepted accounting principles(US GAAP)_consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following.the completion date or termination of the Agreement. in the event that any work is subcontracted,Grantee shall:similarly require each subcontractor to maintain and allow access to such records for.audit purposes. Upon request of Department's Inspector,General,or other authorized State official,Grantee shall provide-any type of information the Inspector'General deems relevant to Grantee's integrity or responsibility.Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for'the longer of:(1)three years after the expiration of the Agreement;or(2)the period required vy the General Records Schedules maintained by the Florida Department of State(available at: http://dos.myflorida.com/library-archives/records-management/general-records-schcd ales/). 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5), F.S.,to cooperate with the inspector.general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with'this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with ally work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee.shall consider the type of financial assistance(federal and/or state)- identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may,be a result of this Agreement. For federal financial assistance,.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,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: htips:llapps.rid fs.comlfsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department"may periodically request additional proof of a-transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost allocation,,guidelines). Allowable.costs and uniform administrative requirements for federal.programs can be:found under 2 CFR 200, The;Department Attachment 1 9`of 11 Rev.1/4/19 • may also request a cost allocation plan,in support of it .multipliers(overhead, indirect, general adininistrative costs,and fringe benefits).The Grantee must provide the additional proof within thirty(39)days of such l'Nuett. e. No Commingling Of Ftitids. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-bY-program or..a project-by-project basis: Funds specifically budgeted and/Or received for one project may not be used to support another project. .Where a Grantee's;or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish A system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds,have been commingled, Department shall have the tight to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non compliance with the material terms of this Agreement The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to,Department,the amount of -Money demanded by DePartment. Interest on any refund shall be calculated based on the prevailing' rate used bythe State Board of Administration. Interest shall be calculated from the date(s)the original payment(s)are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the_Grantee recovers,costs, incurred under this Agreement and reimbursed by Department, from anOthersource(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s)the payment(s) are recovered by Grantee to the date repayment is made to Department. iii Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreement where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services requited. 29. Independent Contractor.. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting: a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.ore.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to'any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety Or security conSiderations. 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. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)40-0915. g The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a stibcontractcir:at any tier,and if the cause of the default t completely beyond the control of both Grantee and the subcontractor(s),and without the fault Or negligence of either,unless the subconti•acted products or services-were obtainable from,other sources in Sufficient time for Grantee to meet the required delivery sohedule. 31. guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee alicif the obligations of Grantee for purposes,of fulfilling the obligations of Agreement. In the evpt Grantee Attachment 10 of 11 Rev. 1/4/19 1 is sold during,the period the Agreement is in"effect,-Grantee agrees that it will be a requirement of sale that the,new parent'company guarantee all of the obligations of Grantee. 32. 'Survival. The respective obligations of the parties;which by their nature would continue.beyond the termination or expiration of.this Agreement, including-without limitation, the obligations regarding confidentiality,proprietary interests, and public records,shall survive termination;cancellation,or expiration`of this Agreement. 33. 'Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to actor negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any thiird,party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights:Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. `Severability. If a court`:of competent jurisdiction deems any term or condition:herein void,or unenforceable;the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors,or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications.Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification,All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing'under the Agreement. 36. Assignment. The Grantee shall not"sell;assign, or transfer any of its rights, duties,or obligations under the Agreement,or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department.In the event of any assignment,Grantee remains secondarily liable for performance ofthe Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement,any amendments,and/or.change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a Written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment I 11o1ll Rev. 1/4119' STATE OF FLORIDA DEPARTMENT OF,ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.SD005 ATTACHMENT 2 These Special Terms and Conditions shall be"read together"with general terms outlined in'the Standard Terms and Conditions,Attachment I.'Where in conflict,.these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Marine Debris Removal-Plugged Canals,The Project. is defined in more detail in Attachment 3,Grant Work Plan, 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are'not authorized"under this Agreement: 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur after approval of the final delivereable(s). c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements.. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories;as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ 0 Salaries/Wages • Overhead/indirect/General and Administrative Costs:- ❑ 0 a. Fringe Benefits,N/A. ❑ 0 b. Indirect Costs,N/A. 0 Contractual(Subcontractors) ❑ ❑ Travel ❑ 0 Equipment ❑ 0 Rental/Lease of Equipient ❑ ❑ Miscellaneous/Other Expenses ❑ 0 Laird Acquisition 5, Travel. Additional compensation for travel is not authorized under this Agreement. 6. Equipment Purchase. No Equipment purchases.shall be funded under this Agreement: 7. Land Acquisition.. There will be no Land Acquisitions'funded under this'Agreement. 8. Match Requirements There is no match required'on the part of the'Grantee under this Agreement. 9. Insurance Requirements Attachment 2 1of2 Rev.12/11(2018 Required Coverage. At all times during the.Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with.'such.terms and limits.described.below. The limits of;coverage under each.policy maintained bythe Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the • Agreement. All insurance:policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance'requirements for,this Agreement'may_be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during,the Agreement. The Department,its employees,and:of_ficers'shall be named 'as an additional insured on anygeneral liability policies. The minimum limits shall be.$250,000 for each occurrence and$500,000 policy aggregate: b. Commercial Automobile.Insurance:' If the Grantee'i.duties include'the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage-coverage. Insuring clauses for both bodily injury.and property damage shall provide coverage on an occurrence basis.The,Department,its employees,and officers shall be named as an additional insured on any automobile insurance.policy. The minimum limits shall.be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c, Workers'Compensation and Employer's.Liability Coverage.- The Grantee shall provide workers'compensation,in'accordance with Chapter 440,F.S.,and employer's liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies.shall cover all employees engaged in any work under the Agreement. d. Other Insurance.None. 10. Quality Assurance Requirements. There are no special Quality Assurance requirements.under this Agreement. 11. Retainage. No retainage is required under this Agreement. 12. Subcontracting. 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 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. 13. State-Owned Land. The work will not be performed.on State-owned land. 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. Attachment 2 2 of 2 Rev.12/11 i2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO:: SD005 ATTACHMENT.3 PROJECT TITLE: Monroe County Marine Debris Removal—Plugged Canals PROJECT LOCATION: The. Project will be located in up to five plugged canals throughout unincorporated Monroe County in the Florida Keys: Canal Name Latitude Longitude Estimated Cubic Yard of Debris to be Removed 19 Key Largo Split 25.210046° -80.338862° 100 '20 Key Largo 25.194424° =803500.I5° 200. 62 Rock Harbor 25.090.122° -80.460119° 1.00 309 Big Pine Key 24.666557° -81.364926° 500 448 Big Coppitt Key 24.595305° -81.647919° 100 PROJECT BACKGROUND: The Water Quality Protection Program(WQPP),Action Plan of the Florida Keys National Marine Sanctuary identified impaired water quality in residential canals as a priority for corrective action. On September 10,2017 the Florida Keys was struck by Hurricane Irma, a Category 4 storm which caused extensive damage to homes and properties. A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. Monroe County requested funding assistance from the United States Department of Agriculture(USDA) National Resources Conservation Service (NRCS) Emergency Watershed Program (EWP). This program provides public assistance funds for disaster response related marine debris removal and disposal operations. USDA NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 171 eligible canals throughout the Florida Keys. The program didn't approve the removal of debris from most plugged canals based on program'eligibility guidelines looking at flooding potential impacts and not water quality concerns. The hurricane generated marine debris is made up of vegetation,construction and demolition,and hazardous materials that is causing a significant water quality and human health concern within these non-flushing plugged canal systems. It is anticipated that with the removal of the hurricane generated marine debris the water quality and-human health concerns will be improved. Therefore, Monroe County is seeking qualified firths tor marine debris removal services for the aforementioned plugged canals as a result of Hurricane Irma. Services will include, but not be limited to: debris removal from_plugged cabals in unincorporated Monroe County; separation, temporary storage, reduction,processing-and disposal at the County's designated Disaster Debris Management Sites(DDMS) provided by,Monroe County; management of the DDMSs; hazardous waste handling; haul out to final disposal sites;and assistance with State-reporting and reimbursement efforts. These five plugged canals within•unincorporated:Monroe County were selected because they were not approved by the USDA NRCS EWP. These canals were identified as'heavily impacted by hurricane'marine Attachment 3,DEP Agieement ll:SD005 l of 6 Rev.5/3/2017 debris utilizing the NQAA ERMA(Environmental Response Management Application)database,.side scan surveys,and homeowner outreach documenting the debris within the canals. In the event thefunding doesn't cover all Of the five plugged canals within unincorporated Monroe County, the County will prioritize the selection of the canals based on the following criteria: 1) Level of impact based on NOAA ERMA database and side scan surveys 2) Pre Irma Water Quality Summary from the Canal Management Master Plan-Database 3) The number of homes adjacent to canal PROJECT DESCRIPTION: The Contractor will be responsible for the removal of marine debris from up to 5 of the plugged canals. Efforts are to include the identification of locations,in the water where significant marine debris exists,locating;removing,and transporting of the marine debris to debris sites(Big Pine Prison and Rowell's Park DDMS), including oversight of operations for the project. The County will be responsible for renewing the required FDEP authorizations to continue to operate the approved DDMSs in compliance with all applicable Department regulations. Alternatively,the debris may be taken to a DEP-permitted solid waste transfer station for disposal. The definition of marine debris includes but is not limited to: • Vegetation,hazardous waste,construction and demolition debris, propane tanks,white goods,e-waste,docks,non-marine vehicles,motorhoimes,seawalls,and'houses or portions of houses, • Identification,removal,transportation,and disposal of, traps and other man-made materials, and floating structres. Detailed Responsibilities: • The Contractor will assess total potential volume or area(linear feet or area of canal or shoreline,tons,cubic yards, etc.)for the amount of Marine debris likely to be removed and disposed of. Marine debris should include all material that is within the canal including material that is laying along the bottom—potentially under layer(s)of silt,sediment or sand. The Contractor shall use all necessary measures to ensure that all marine debris is removed from the canal. Such marine debris should not be debris attached to personal property unless permission-is provided to remove such debris.An effort should be made to contact a property owner to obtain permission to remove material that is obviously debris, but which may be tied or otherwise affixed to land for reasons of maintaining clear navigation. Contractor shall be responsible for obtaining access to the plugged canals • The Contractor will perform pre-removal assessment and mapping of canal debris rising cost- effective technology, including side scan sonar or other methodology,to-provide identification and assessment of debris locations—if requested by the County. • The Contractor shall also be responsible for and make good all damage to homeowner docks of any type,,seawalls, boats; fencing, buildings, telephone or other cables, water pipes, Sanitary pipes,and any other appurtenances,at the Contractor's sole expense. The Contractor Attachment 3,DEP'Agreement#:SD005 2:of6 Rev.4/30/2018 shall produce a pre_construction video to document the current conditions, in the'event any .damage to private property occurs the pre-construction video will'be used to document the conditions prior to damage.The documentation shall utilize a high-resolution digital video camera with-extended still frame capability.The documentation shall record surface°features located within the construction zone including, but not limited to,.staging area, canal. seawalls, boat lifts, boats,,and any other permanent or temporary structures within.the canal footprint.The documentation shall provide audio recording"documenting the orientation, location,and description of features. The documentation shall accompany°a written log which documents the aforementioned items and shall contain bright, sharp pictures with accurate colors and shall be free from distortion or any other significant picture imperfection.The audio portion Hof the recording shall reproduce the commentary of the camera operator with proper volume,clarity, and be free of distortion.The construction shall not proceed until the. County have reviewed the documentation and notified the Contractor of its acceptability. • The Contractor shall be cognizant of the various working conditions to be encountered under this contract for the plugged canals, i.e.no direct boating access, shallow depths surrounding the canals and deep canals. • The Contractor shall be responsible for returning all DDMS's to their p"re-debris storage condition and shall provide such environmental tests or studies as may be required by the County in order to prove cleanup. The County will be responsible for locating and providing DDMSs sites at County expense and obtaining and paying for necessary permits and authorizations for appropriate DDMS sites. The Contractor will be responsible for the management and oversight of the County designated DDMSs for storage of marine debris prior to appropriate final disposal. • The Contractor will be responsible for preparing each DDMS site to accept debris,to include clearing, grading,erosion control, construction and maintenance; establishing site layout; providing all Management,supervision, labor, machines,'tools and equipment for the acceptance, processing, reducing and sorting of debris. • Vegetative debris reduction shall be performing by chipping/grinding only. • 'The Contractor is'responsible for compliance with all Florida Department of Environmental Protection (DEP)authorizations and permits at the site. • The Contractor is required to ensure that the DDMS site is secure and not_accessible by the public during operation and after working hours. • After the debris has been reduced and hauled to final disposal sites,the Contractors will be responsible for performing site restoration and closeout,to include removal of all Site equipment(temporary toilets, inspection'towers, security or silt fences,etc.),soil testing,and :restoration of the site to pre-work conditions: • Debris will be sorted into clean vegetative,C&D, seaweed/seagrass,sediment,white goods and household hazardous waste.Vehicles and vessels shall'be stored separately on site. .Attachment 3,DEP Agreement tt:SD005 '3of6 Rev.4/30/2018 • All debris shall be mechanically loaded and reasonably compacted in the truck • Provide control'of pedestrian and vehicular traffic in the work area to include flag persons sighs Or other devices necessary to ensure safe debris removal operations •, Provide-daily reportS on all debris recovery operations to include all equipment and personnel used to the monitoring firm. The Contractor will be responsible for providing all necessary equipment and personnel to load and haul eligible marine debris,white:goods, vegetation,C&D and seaweed/seagrass from the DDMS site to final disposal sites. TASKS,and DELIVERABLES: Task Marine Debris Removal Task Description: The Grantee will subcontract the work to a qualified and licensed contractor, selected through the.Grantee's procurement process. The subcontractor will remove the debris from the canals. The subcontractor will keep records of the amount of debris removed and any records associated with disposal of the removed material. Deliverables: The Grantee will remove marine debris from Canals(up to five plugged) in accordance with the debris removal contract document and provide reports with metrics showing the quantities (i.e. cubic yards) of debris that were removed from each canal and documentation of the proper management and .disposal of all wastes (including hazardous wastes or materials) to establish compliance with applicable regulations: 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: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly . Task Budget: $90,000.00 Task Start and End Dates: Start—execution date; End—06/21/19 Deliverable Due Date: All task related work must be completed by, and all:deliverables must be received by,the task end date. Task#2: Project Management and Disaster Related Services Task Description: The Grantee will subcontract the work to a qualified and licensed consultant, selected through,the Grantee's procurement process: The consultant will monitor the debris removal contractor's removal of the debris•from the canals. The consultant.will keep records of the amount of debris removed-and any records associated with disposal .of the removed material and ensure the Attachment 3,DEP Agreement SD005 4of6 Rev.4/30/2018 management of the project and disaster related services;are in compliance with all state statutes and local ordinances. Deliverables: Completed project that is in compliance with all state statutes and local ordinances and provide copies of the records of the amount of debris removed and any records associated with disposal of.the removed material. Performance Standard: The Department's Grant Manager will review the deliverable to verify that it meets 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:Budget: $10,000.00 Task Start and End Dates: Start—execution date;End—06/21/19 Deliverable Due Date: All task related work must'be completed by, and all deliverables must be received by,the task end date. PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables must be received by the designated due date. Task? Task Enii Deliverables Deliver n61e 3.= Task,Title. '. -, Taslc Sort Date• �,A No.. . Date ue Data, 1 Marine Debris Removal Execution date 06/21/19 06/21/2019 2 Project Management/Oversight Execution date 06/21/19 06/21/2019 BUDGET DETAIL BY TASK: Task No ;Budget Category Budget:Amount 1 Contractual Services $90,000 Total£or:Task. $90000,. ; 2 Contractual Services $10,000 'Total:fo•Task _ b1000Q PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category;totals for the'project as'indicated below. ^ � { `y � ,' 14q a_tta S Ae 5 .ta And� oti Exceed : d ., ,s � x Contractual Services Total $100,000 Attachment 3,DEP Agteeinent ii:SDUOS 5_off6 Rev.4/60/2018 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 3,DEP Agreement/it SD005 6 of 6 Rev,.4/30/2018 • STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds$35,000.00,.and if Grantee.is acting on behalf of Department in its performance Of services- under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless of the physical form,characteristics, or means of transmission,made orreceived by Grantee in conjunction with the Agreement.(Public Records), unless the Public.Records are'exempt from-section 24(a)of Article I of the Florida Constitution;or section 119.07(1),F.S: b. The Department may Unilaterally terminate the Agreement,if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119. ,F.S.,If 0701 Applicable. Forthe,;purposes afchis-paragraph,the.term"contract"means the"Agreement" If Grante_a is a contractor"as defined in section 119.0701,(1)(a),F.S.,the following-provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide.Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable.time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may.be subject to penalties under section 119.10,F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as.authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer,at no cost,to Department all Public Records in possession of the contractor or-keep and maintain Public Records.required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the,contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract;.the contractor shall meet all applicable -requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data. formats as authorized in the contract or Microsoft Word, Outlook,Adobe, or Excel,and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO,THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.servicesnfloridadep.gov Mailing Address: Department of Environmental Protection -ATTN: Office of Ombudsman and Public Services Public Records Request 39.00 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399. Attachanent4 1of1 :Rev:4/27/2018 1 STATE OFFLORIDA •DEPARTMENT OF ENVIRONMENTAL PROTECTION- Special Audit Requirements Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which maybe referred to as the"Departmenl' ""DEP" "FOE!'"or"Grantor';'or other name in the agreement)to the recipient(which may be i e erred to as the"Recipient'; "Grantee"or other name in the agreenieni)may be subject to audits and/or monitoring by he Department of Environmental Protection,asdescribed in this attachment. MONITORING In addition to reviews of audits conducted in,accordance with OMB.Ciroiilar 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.liinited scope, audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General.. AUDITS PART 1: 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 Deceniber26,2014),or as defined in 2 CFR§200.330 (for fiscal year start dates after December 26,2014). 1. 1n 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 mtlst 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 20Q, Subpart F.An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular.A7133,as revised,and 2 CFR Parr200,Subpart F,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill'the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised, and 2 CFR Part 200,.Subpart F. 3. If the recipient expends less than$500,000(oi $750;1)00,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 0?vIB 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.paidfrom recipient resources obtained from other than Federal entities). Attachment 5 Iof5 Rev.7/18/2018 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the Internet at www.cfda.gov PART II:STATE,FUNDED This part is.applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. I. 'In the event that the recipient expends a total amount of state.financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section-215..97,Florida Statutes;applicable rules of the Department of Financial Services,and Chapters 10.550(local governmental_entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this:Agreement. in determining the state financial assistance expended in its"fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection"with the audit requirements addressed in Part II,paragraph 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 theAuditor General. 3. Ifthe 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 htips://apn fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hllp://w<ww.lea.state.l1.us/1Velcome/index:cfm, State of Florida's website at http://www.invfloi•ida.com/, Department of Financial Services' Website at http://www.fldls.com/and the Auditor General's Website at http:I/www.my florida.com/audgen/. PART 1I.1:OTHER AUDIT REQUIREMENTS (ANOT E This part would be used to specifj'any additional audit requirements imposed by the State awarding entity that are solely a matter of that Slate awarding entity's policy(i.e., the audit is no!required by Federal Or State laws and is not in conflict with other Federal or State audit requirements). Puuuant.to Section 215.97(8),Florida Stabiles, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In sucli an even!,.the State awarding agency must arrcntge for funding the full cost/of such additional audits.) PART IV:REPORT SUBMISSION I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200,.Subpart F and required by PART I of this Attachment shall be submitted,when required by Section .320 (d),OMB Circular A-133, as revised, and.2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: Attachment 5 2of5 Rav:7/18/2018 A. The Department of.Eirvironmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit@dcp.state.f.us B, The Federal Audit Clearinghouse'designated in OMB Circular A-133, as revised, and'2 CFR :§200501(a)(the number of copies required by Sections.320(d)(1)and,(2);OMB Circular A-133, as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry.System which can be found at http://harvester.census.govtfacweb/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB'Circular A-133,as revised,and 2 CFR§200.512. 2. Pursuant to Section.320(f),OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F;the recipient shall submit a copy of the reporting package described in Section .320(c),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAuditndep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida:32399-3000 AttachmentS 3of5. Rev.7/1820I8 _ j Electronically: FDEPSingleAuditiildep.statc.fl.us B. The.Auditor General's Office at the following'address:- State of Florida Auditor General Room 401,,Claude Pepper Building 111 West Madison Street • Tallahassee;::Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachmenrshall be submittedby or on.behalf of the recipient directly to the Department of Environmental Protection at one of the.following addresses: By Ivlail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 .Electronically: FDEPSingleAudit a,dep:state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550;(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. 6, Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement fora period alive(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 fora period of three(3)years from the date the audit report is issued, unless extended in writing by the Department_of Environmental Protection. Attachment 5 - 4 of 5 'Rev:7fl 8/201S 1 EXHIBIT-1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF.THE FOLLOWING—: Federal Resources Awarded to the Rcciplcnt Pursuant tothis Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency .Number CFDA Title Funding Amount Category S •State Resources Awarded to the Recipient Pursuant to this A'greement.Consist of the Following Matching Resources for Federal Progranis: Federal State Program Appropriation Nwiiber Federal Agency .CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement'Consist of the Following Resources Subject to Section 215.97,F,S.: Stale CSFA Title •State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category General Appropriations, 37150700 Line Item 1552,:Water 2018-2019 37.088 Florida Keys National Marine $100;000 030000 Quality Assurance Trust Sanctuary Support Fund TotalAward j 'S100,000.00 i ' '" # W1:1 For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [uww.cid i ,or)and/or the Florida Catalog of State Financial Assistance(CSFA)[httns://apps_11di's:com'fs:larsearehC`nra!og.a3]_ The services/purposes for which the funds arc.id be used are'included in the Agreement's Grant Work Plan, Any match required by the.Recipient is clearly indicated in the Agreement. • Attachment 5,Exhibit 1 5 of 5 • • DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: SD005 Grantee Name:. ;Monroe County Board of County Commissioners Grantee Address: 102060 Overseas Hwy,Suite 246,Key Largo, FL 33037 Grantee's Grant Manager: Rhonda Haag Telephone No.:.. 305-453-8774 Reporting Period: Project Number and Title: SD005—Monroe County Marine Debris Removal-Plugged Canals 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. SD005 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A,DEP.Agreement SD005 1 of 1 Rev.5/30/2017 Exhibit C PAYMENT REQUEST SUMMARY FORM DEP Agreement No.: SD005 Agreement.Effective Dates: Grantee: _Monroe County Board of County Commissioners._ Grantee's Grant Manager: Rhonda.Haag_ Mailing Address: _10206.0 Overseas Hwy, Suite 246,Key Largo,FL 33037, Payment Request No. Date of-Payment Request: Performance Period (Start date—Did date): Task/Deliverable No(s). Task/Deliverable Amount Requested: $ GRANT EXPENDITURES SUMMARY SECTION AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR. CUMULATIVE (As authorized) PAYMENT THIS REQUEST MATCHING REQUESTS FUNDS Salaries/1Vages $N/A $ SN/A $N/A Fringe Benefits $N/A $ SN/A $N/A Indirect Cost $N/A $ SN/A $N/A Contractual(Subcontrac"tors) $ S SN/A SN/A Travel $N/A $ $N/A SN/A Equipment(Direct Purchases) $N/A $ SN/A SN/A Rental/Lease of Equipment $N/A $ SN/A SN/A Miscellaneous/Other Expenses $N/A $ SN/A SN/A Land Acquisition $N/A $ SN/A $N/A TOTAL AMOUNT $ $ SN/A SN/A TOTALTASIUDELIVERABLE $ SN/A =` BUDGET AMOUNT Less Total Cumulative Payment $ SN/A Requests of: TOTAL REMAINING IN TASK $ SN/A GRANTEE CERTIFICATION 'Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being - requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities: Exhibit C;DEP Agreement#:SD005 I of 3 • Rev.2/23/18 Grantee's Certification of.Payment Request on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) ,do hereby certify for (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. that: • 121 The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. Q 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. El The,Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply below: ❑ All permits and approvals required for the construction,which is underway, have been obtained. ❑ Construction upto•the point of this disbursement is in compliance with the construction plans and permits. ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification ofPayment Request,and such certifications are included: Professional Service Provider(Name/License No.) Period of Service(mrn/dd/yy—mm/dd/yy) Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Exhibit C,DEP Agreement#:SDO05 2 of3 Rev.2/23/1$ INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT.NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. GRANTEE'S'GRANT-MANAGER:' This should be the person identified;as grant manager in the grant-Agree►nent:- MAILING ADDRESS: Enter`the address that you want the state warrantsent. PAYMENT REQUEST NO.: This is the number of your payment request„not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.:. This is the number of the.task/deliverable.that you are requesting payment for and/or claiming match for(must agree with the currentGrant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE BUDGET AMOUNT"line for the""AMOUNT OF THIS REQUEST'column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT:OF THIS REQUEST"COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not'claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the"TOTAL AMOUNT'line. Enter the amount of the task.on the"TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL TASK BUDGET AMOUNT"for the amount to enter on the"TOTAL REMAINING IN TASKK"line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request(this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the"TOTALS"line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categoriesaccording to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF'line for this.column. Deduct the"LESS TOTAL.CUMULATIVEPAYMENTS OF"from the"TOTAL TASK BUDGET ANIOUNI"for the amount to enter on the "TOTAL REMAINING IN TASK"line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment.Must be signed by both'the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel,you must,include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services,Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Exhibit C,DEP Agreement it:SDD05 3.of3 Rev.2/23/18 Grant LP44073 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,FY16-17 • THIS AGREEMENT is entered into pursuantto 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 `Vest, Florida 33040 (hereinafter referred to as "Grantee"), local government,to provide financial assistance for the Monroe County Canal #75 Backfili Restoration and Canal#48, #59,#79 and#80 Augmented Aeration Restoration Projects. Collectively,the Department and the Grantee shall be referred to as"Parties"or individually as a"Party". In consideration of the mutual benefits to be derived herefrom,the Department and the Grantee do hereby agree as follows: 1. TERMS OF AGREEMENT:. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, 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 June30,2019, 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 be eligible for reimbursement,costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds,including,but not limited to,the Reference Guide for State Expenditures,which can be accessed at the following web address: http://www.myfloridactb.comiaadir/reference rruide!. 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: i. 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 form 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 guidelines(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 http://www.myfloridacfo.com/aadir/reference guide/. F. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's,or subrecipient's,accounting system cannot comply with this requirement,the Grantee,or subrecipient,shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. 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. 4. 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 parties 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. 7. INDEMNIFICATION: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents.. However, nothing contained herein shall constitute a waiver by:either party of its.sovereign immunity or the provisions of Section 768.28,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 ormisleading 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 CONSEQUENCES: 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 itssele discretion,either:1)terminate this Agreement for failure DEP.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 tent(10)calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination ofthis 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 corrector 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. 11. 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.LP44073,Page.5 of 13 B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance(federal and/or state)identified in Attachment E,Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance,the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following website: hups:\lapps.fidfs.cornlfsaa 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. PRO}IIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: Al 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: i. The contractor's maintaining an office or place of business within a particular local jurisdiction;or ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or ether political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 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 Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd.,MS#3505 Tallahassee,Florida 32399 Telephone No.: 850-245-2928 E-mail Address: 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 County Sustainability Coordinator 102050 Overseas Highway Key Largo,Florida 33037 Telephone No.: 305-453-8774 Fax No.: 305-292-4544 E-mail Address: Haag-rhonda@monroecounty-fl.gov In the event the Department's or the Grantee's Grant Manager changes,written notice by electronic mail with acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment pursuant to paragraph 3.B should include the updated Grant Manager information. 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. i. 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 $300,000 each occurrence. iii. Commercial Automobile Liability insurance is required, for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its contractors. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company- Owned Vehicles,if applicable $300,000 Hired and Non-owned Automobile Liability Coverage iv. Other Insurance may be required if any work proceeds over or adjacent to water,including but not limited to Jones Act,Longshoreman's and Harbormaster's,or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions concerning required coverage should be directed to the U.S. Department of Labor (hitp://www.dol.got/owcp/dlhwtillscunmac.htrn)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 3.D.of this Agreement shall be capitalized in accordance with Chapter 69I-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 au_thorized 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 ACQUISITION: Land acquisition is not authorized under the terms of this Agreement. DEP Agreement No.LP44073,Page of 13 25. PHYSICAL 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 following 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. B. 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 119,F.S.,and Section 24(a),Article I,Florida Constitution. C. If Grantee meets the definition of"Contractor" found in Section 119.0701(1)(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: i. Pursuant to Section 119.0701,F.S.,a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee 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. ii. Upon request from the Department's custodian of public records,Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by law. iii. Grantee shall identify and ensure that all public records that are exempt or confidential and exempt from'public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement tern and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement,Grantee shall transfer,at no cost to,Department, all public records in possession of Grantee or keep and maintain public records required by the Department-to perform the services under this Agreement. 'If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from DEP Agreement No.LP44073,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 onibudsman@dep_state.p.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 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 file, 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 11 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 INTENTIONALLY 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 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION )1 By: By: •Ceunty Administrator Mayor y Secreta ign .,,,,j George Neugent l�+�Qv-- �y �P�/g dot .R - ' . , . Print Name of Authorized Person litint Name and Title of Aut�iorized Person Date: 7ISa 7-vi1 Date: 1/� ii i7 TIOVED ROE COUr, t ")1:4.1EY �iL� .,�� ??uJt�}RM Michael Isaacson,DL Grant Manager r �h'. 5'vrtL.i, ASSISTANT GIST �1' ;; Date '%_ i� a v�>c r� t ` s \'fsk isa Widener,DEP QC Reviewer 1�.;V :�1 FEID No.:59-6000749 i' if tP ,n. \\ t- yOK,CLEM *For Agreements with governmental"boartfgfctommissions: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 Panes) Attachment B Payment Request Summary Form(5 Pages) Attachment C Contract Payment Requirements(1 Page) . Attachment D Progress Report Form(1 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 #75 Backfill Restoration and Canal #48, #59, #79 and #80 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#80 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#75 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,#59,#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 ofaccumulated 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#75 and Canals#48,#59, #79,and#80 around Key Largo are the next canal restoration projects to be conducted.The restoration of Canal #75 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#48,#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 Desis n 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'Biddinn 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: .Conipleted 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 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 contracts) 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 deliverables under this task,the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement rio 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#75 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: 1)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: 1. 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: Backfilling 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: Grantee may submit a payment request-tot-cost reimbursement no more frequently than once per month. The outlined Interim Deliverable(s)and/or Final Deliverable(s)must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. Task 5: Construction of Canal#48,#59,#79,and#80 Projects Task Description: The Grantee will construct the augmented aeration projects at canals#48, #59,#79, 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#48,#59,#79,and#80 as described in this task,as evidenced by:. 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 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..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 Task Title, . Noo �, % ategoiy Date.,., Dater 1 Canal#75 Design and PermittingContractual $52,387 09/21/2016 06/30/2018 g Services Canal#75 Bidding and Contractual 2 Contractor Selection Services $8,016.40 09/21/2016 .06/30/2018 3 Canal#75 Project Management Contractual $76,428 03/01/2017 12/31/20.18 Services 4 Construction of Canal#75 Project Contractual Services $1,263,168.60 03/01/2017 10/30/2018 Construction of Canal #48, #59, Contractual 5 #79,and#80 Projects Services $100,000 03/01/2017 10/30/2018 Total: $1,500,000 DEP Agreement No.LP44073,Page 4 of 7 LOCATION MAPS ,.. s' 'Canal#75-Backfill iNif - 'ilk\ • --,' '' • Legend >.,. ... .1.,i- '4:\ ,A, •4 10 75 ROCK HARBOR .1, i lill iir .. , 1.4,, \\ ... 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I.f ,t 7--, ,t .I y • s3 KEY LARGO • ♦r1 , N.1 ` f ,i r r��{{{-r�({7 1��—T1T l /ta r 5! .i e i' ` ' t rr , ‘,.\c. , /„we. 4.., 1 4 • rM' 4:;. :7 -IN./ AI ti:-.w• . J ,* l.> a % ♦ Y ;,�r�, NY Canal#79 -Restoration Map r; % w' ,• ,4 ` Legend . C ,' , t canal•rn � � si 4.4 • 411}o Syr '� �► ��� ] `.d 6 40e- dl-d`d , '�' dy is, , , : .i I,Iii.a\I•. ' •\ A. 1'"' ,` s DEP Agreement No. LP44073, Page 6 of 7 Canal#80-Restoration Map i'J,� ♦ i' w + ` erd moo o`'. , ..,, fi 10,S_4,).Zo._•.• 1 ' ?O , , e '44y1" 40#r' 4 *fie ' #, T�_y �'£ bite ( VVV ♦ Y ,o' ,-:. : ... ,,,,,,.., -_, . .0 n. rie, .: -,,tai/( i.:‘e i ' .--'..;,-, '. ...,*.t.,...'11 10�, ., DEP Agreement No. LP44073, Page 7 of 7 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Payment Request No. DEP Agreement No. Date Performance Period(Start 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 TOTAL TOTAL CUMULATIVE MATCHING FUNDS CUMULATIVE CATEGORY OF EXPENDITURE AMOUNT OF THIS PAYMENT FOR THIS MATCHING (As authorized) REQUEST REQUESTS REQUEST FUNDS Salaries/Wages $ - $ - $ - $ - Fringe Benefits $ - $ - $ - $ - Indirect Cost $ - $ - $ - $ - Contractual(Subcontractors) $ - $ - $ - $ - Travel $ - $ - $ - $ - Equipment(Direct Purchases) $ - $ - $ - $ - RentalLease of Equipment $ - $ - $ - $ - Miscellaneous/Other Expenses $ - $ - $ - $ - Land Acquisition $ - $ - $ - $ - TOTAL AMOUNT $ $ $ $ TOTAL BUDGET (ALL TASKS) $ $ Less Total Cumulative Payment $ $ Requests of: TOTAL REMAINING $ $ ALL TASKS 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. I, ,on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) do hereby certify for (Print name of Grantee) DEP Agreement No. and Payment Request No. that: B!The disbursement amount requested is for allowable costs for 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, Ef The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply: ❑All permits and approvals required for the construction,which is underway,have been obtained. 0 Construction up to the point of this disbursement is in compliance with the construction plans and permits. 0 The Grantee's Grant Manager relied on certifications from the following professionals that provided services for 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 AgreementNo:LP44073,Attachment B,Page 2'of 5 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. DEP AGREEMENT NO.: This is the number on your grant agreement. 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/DELIVERABLE NO.: Identify the number of the Task/Deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). Note: .If payment request includes more than:one Task/Deliverable,additional pages should identify each Task/Deliverable Number,its corresponding budget amount,and the amount requested. TASK BUDGET AMOUNT: List the Task budget ainountas"identified in the'Grant Work Plan for the corresponding Task/Delverable. Note If payment request includes more than one Task/Deliverable,additional pages should identify each Task/Deliverable Number,its corresponding budget amount,and the amount requested. GRANTEE: Enter the name of the Grantee's agency and the address to which you want the state warrant 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: "AMOUNT 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 Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant WorkPlan. Enter the column total on the"TOTAL AMOUNT"line. Enter the amount of all Tasks on the"TOTAL BUDGET(ALL TASKS)" line. Enter the total cumulative amount of this request and all previous payments on the`LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests;first through the final request(this amount cannot exceed the approved budget amount for that budget category for the Task(s)you are reporting on). Enter the column total on the "TOTAL PAYMENT REQUEST"line. Do not enter anything in the shaded areas. "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT"line for this column. Enter the match budget amount on the"TOTAL BUDGET(ALL TASKS)"line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF"line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING (ALL TASKS)"line, "TOTAL CUMULATIVE MATCHING 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"TOTAL PAYMENT REQUEST." The final request should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION:Check all boxes that apply:identify any licensed professional service providers that certified work or services completed'.during the,period included in the request for payment. Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. Documentation for match claims must meet the same requirements as those expenditures for'reimbursement. DEP Agreement No.LP44073,Attachment B,Page 3 of 5 • • FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT-PART II REIMBURSEMENT DETAIL Grantee Name: Payment Request No.: I DEP Agreement No.: • Local Share or Other Vendor Name Invoice Invoice Date Funding or Amount Invoice Amount Requested Amount Task/Deliverable • Check Number Number (1) Number(4) Not Requested(2) (3i - $ $ - $ - $ - $ - $ S. - $ $ - $ - $ - $ - $ $ - $ - $ TOWS: - $ DEP Agreement No.LP44073,Attachment E3,Page 4 of 5 • 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 SRF. 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 Reporting c©dep,state.fl.us Be sure the E-mail payment request includes the following: Cc: Department's Grant/Project Manager Subject: Project Number_Disbursement Number: example—LP14025_Disb_1 Attachments: 1) Attachment B Payment Request Summary 2) Request for Payment Part II 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 Isaacson 850-245-2928 Michael.isaucson(dep.state:Fl.us DEP Agreement No.LP44073,Attachment B,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: http:/t,WIN:fldfs.com/aardir/reference..auide.htni DEP Agreement No.LP44073,Attachment C,Page 1 of 1 ATTACHMENT D PROGRESS REPORT FORM DEP.Agreement No.: LP44073 Grantee Name: Monroe County 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 6,:Page 1 of 1 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to "Department", " " „ as the "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient. (which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised,2 CFR Part 200, Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,orr audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330 (for fiscal year start dates after December 26,2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised,and 2 CFR Part 200,Subpart F. 3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,is not required. In the event that the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA) via the internet at www.efda.gov" DEP Agreement No.LP44073,Attachment E,Page 1 of 5 PART II:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies,and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and,elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://uups.fld.ls.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at lit to w l u,state..fl.usAWW.elcon,elindex.cfiin, State of Florida's website at hz_%7 wK y..nxyflip ics_n;con/, Department of Financial Services' Website at titu;,:;'www.fldfs.com and the Auditor General's Website at hitn:ih_w,_rnvi"rorida.;;omiancl2.,ii. PART III:OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted,when required by Section .320(d), OMB.CircularA-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 3900Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSineleAuditti;,dep.state.f1.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a)(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133, as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at Imp:/:ilharvesteneensus.gov/facwebl C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133,as revised,and 2 CFR§200.512. 2, Pursuant to Section .320(f),OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,the recipient shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electron ical ly: F=[)Y_"ysinliei?.]dit(71d p stcitc01,u5 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: 7 DEPSinaleAudit( dep.state,fl.us 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 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee;Florida 32399-3000 Electronically: FDEPSingleAuditndep.state.11.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental,Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes; or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.LP44073,Attachment E,Page 4 of 5 EXHIBIT-1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount 'Category State.Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist ofthe Following Resources Subject to Section 215.97,F.S:: State CSFA Title State Program State CSFA • or Appropriation Number Funding Source Fiscal.Year Number Funding Source Description Funding Amount Category Original House Bill 447,Florida 2016-2017 37.039 Statewide Surface Water Restoration $1,500,000 141115 Agreement Keys Stewardship Act, and Wastewater Prdjects General Revenue Total Award $1,500,000 For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [\=Avts.cfda. rvJ and/or the Florida Catalog of State Financial Assistance(CSFA)[hops://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No.LP44073,Attachment E,Page 5 of S AMENDMENT NO.1 TO AGREEMENT NO.LP44073 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY This Amendment to Agreement No.LP44073(Agreement)is made by and between the Department of Environmental Protection(Department), an agency of the State of Florida, and Monroe County. (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Monroe.County Canal #75 Backfill Restoration and Canal Skimming Demonstration Program Projects,effective April 14,2017;and, WHEREAS,the Grantee has requested a revision in the scope of work and an extension of the Agreement to allow time to complete an additional task;and, WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW THEREFORE,the parties agree as follows: 1. The Agreement is effective until December 31,2020. The reimbursement period for this Agreement begins on July 1,2016 and ends at the expiration of the Agreement. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2. Section 3.of the Agreement is hereby deleted in its entirety and replaced with the following: 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 S1,500,000 for completion of the work described in Attachment A-2. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following:(1)an increase or decrease in the Agreement funding amount;(2) a-change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories,as defined in Attachment A-2,Revised Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department.A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment A-2, Revised Grant Work Plan, are less than twenty percent (20%)of the total budget as last approved by Department;and/or(3)fund transfers between budget categories for the purposes of meeting match requirements.This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. C. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. i. 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 DEP Agreement No.LP44073,Amendment No. 1,Page 1 of 5 between approved budget categories,as defined in Attachment A-2,are less than twenty percent(20%)of the total budget as last approved by the Department.All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee's match requirements,a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between approved budget categories,as defined in Attachment A-2,exceeds or is expected to exceed twenty percent (20%)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. D. 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-2, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B- 2,Revised Payment Request Summary Form.To be eligible for reimbursement,costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds,including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http:/fwww.mvfloridacfo.com/aadirlreference guide/. 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-2 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. E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment 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: iii. 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-2. Invoices submitted to the Department for fixed-price subcontracted activities shall DEP Agreement No.LP44073,Amendment No. 1,Page 2 of 5 be supported with a copy of the subcontractor's invoice and a copy of the tabulation form 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 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. F. 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 guidelines (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 http://www.mvfloridacfo.comlaadirlreference guides. G. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement,the Grantee,or subrecipient,shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. 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. -3, Section 26. is hereby deleted and replaced with RESERVED. Attachment II, Public Records Requirements as attached to this Amendment,is hereby added to the Agreement. DEP Agreement No.LP44073,Amendment No. 1,Page 3 of 5 4. Section 27 of the Agreement is deleted and replaced as follows: SCRUTINIZED COMPANIES: A. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee or its subcontractors are found to have submitted a false certification;or if the Grantee,or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. B. If this Agreement is for more than one million dollars, the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135,F.S.Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee, its affiliates,or its subcontractors are found to have submitted a false certification;or if the Grantee,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. C. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. D. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 5. Section 31.is added to the Agreement as follows: REFUND OF PAYMENTS TO THE DEPARTMENT Any balance of unobligated funds that have been advanced or paid must be refunded to the Department.Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to the Department. 6. Attachment A-I, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-2, Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.All references in the Agreement to Attachment A-1 shall hereinafter refer to Attachment A-2,Revised Grant Work Plan. 7, Attachment B, Payment Request Summary Form, is hereby deleted in its entirety and replaced with Attachment B-1, Revised Payment Request Summary Form, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B,shall hereinafter refer to Attachment B-1, Payment Request Summary Form. 8. Attachment D,Progress Report Form,is hereby deleted in its entirety and replaced with Attachment D-I,Revised Progress Report Form,attached hereto and made a part of the Agreement.All references in the Agreement to Attachment D,shall hereinafter refer to Attachment D-1,Revised Progress Report Form. 9. All other terms and conditions of the Agreement remain in effect.If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. DEP Agreement No.LP44073,Amendment No. 1,Page 4 of 5 IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No.LP44073 to be duly executed, the day and year last written below. MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Sylvia J.Murphy,Mayor Trina L.Vielhauer,Division Director Date: Date: ATTEST:Kevin Madok,Clerk By: Deputy Clerk Michael Isaacson,DEP Grant Manager ATTOEY Sandra Waters,DEP QC Reviewer m E ED TIAZU - PE MERCADO ASSISTANT UNTY Date-r � t 16 List of attachments/exhibits included as part of this Amendment: Letter/ Specify Type Number Description(include number of pages) Attachment A-2 Revised Grant Work Plan(5 Pages) Attachment B-1 Revised Payment Request Summary Form(1 Page) Attachment D-1 Revised Progress Report Form(1 Page) Attachment H Public Records Requirements DEP Agreement No.LP44073,Amendment No. 1,Page 5 of 5 REVISED ATTACHMENT A-2 GRANT WORK PLAN PROJECT TITLE: Monroe County Canal#75 Backfill Restoration and Canal Skimming Demonstration Program Projects PROJECT LOCATION: The Canal#75 Project will be located in the Rock Harbor neighborhood within the unincorporated area of Key Largo,Monroe County,Florida. Project coordinates are Latitude/Longitude (25.0704/-80.4622). See Figure 1 for a 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#75 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. On September 10,2017 the Florida Keys were struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties. A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. PROJECT DESCRIPTION: The Grantee has implemented six canal restoration demonstration projects prior to this project.The restoration of Canal #75 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. Additionally,The Grantee's contractor will remove marine debris from canals.Work includes identifying the location of significant marine debris and removing and transporting the marine debris to debris disposal sites. TASKS Task 1: Canal#75 Design and Permitting Task Description: The Grantee has procured Wood Environmental and Infrastructure (Wood) prior to execution of this Agreement. Wood 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. DEP Agreement No. LP44073,Attachment A-2 Page 1 of 5 The Canal#75 project will consist of(l)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 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 #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 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 Wood 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. DEP Agreement No. LP44073,Attachment A-2 Page 2 of 5 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 Project Task Description: The Grantee will construct the backfilling of canal #75 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. Wood.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 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). I'I 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-2 Page 3 of 5 Task 6:Marine Debris Removal Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal contract document and provide reports with metrics showing the quantities(i.e.cubic yards)of debris that were removed from each canal and documentation of the proper management and disposal of all wastes (including hazardous wastes or materials)to demonstrate compliance with applicable regulations. Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE&BUDGET DETAIL: The tasks must be completed by the corresponding task end date and all documentation must be received by the task end date. r Task Budget Budget Amount TasktStart Task,End = Task Title Category Date Date Canal#75 Design and Contractual $34,973.08 09/21/2016 06/30/2018 Permitting Services Canal#75 Bidding and Contractual 2 Contractor Selection Services $5,227 09/21/2016 06/30/2018 Canal#75 Project Contractual 3 Management Services $55,234.48 03/01/2017 12/31/2018 Construction of Canal Contractual 4 #75 Project Services $1,216,000 03/01/2017 10/30/2018 5 Canal Skimming Contractual $146,300 03/01/2017 10/30/2018 Demonstration Program Services 6 Marine Debris Removal Contractual $42,265.44 03/30/2019 06/30/2020 Services Total: $1,500,000 Note that,per paragraph 4 of the agreement,authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future.This should be a consideration for the Grantee with this and future requests for extension. DEP Agreement No. LP44073,Attachment A-2 Page 4 of 5 Figure 1.Location Map Canal#75-Backfill p...r.. A 4. X .... 7 •o. .,:‘ / k le' 1'.f• 004i% ••• ,.- 0 76 ROCK HARBOR we r•-• , / , ...., . N. . .• 4• . le 4,_,. lir le t • 'i,, \?(:t9,, ,, \ , ,/,-Iclqt; • ,-/,,, , ...., !• • ' .. •its Ikr , , . . .. .'-t. N.. •' ,,-' \ 1,2 4,. '' - :4'4 e.. A is,..‘""St$ 172:at%1414it _.&,, • ...2.- v. i ...•• ,.. *v.., . 41,-. .41 ., , -4• 6;„ ... .... ..t , \A; A ,,,..A- ..,, •,ip or .,,,, I, . , ..:-. - i •••113 • ...., ...., •,e.,:,,, ilii, , . .. , t,:o. .,,et.: • 4r, - ••, s deer* 4 .' . • •N.- . . / ... •• .S. / // 4 4 .."• :4:. F •• OP ,...' ..- . i 4:, •II!;1,404 4 . / 1ft‘•, 1 K f . Google Earth . N . . i DEP Agreement No. LP44073,Attachment A-2 Page 5 of 5 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Attachment B-1 The Revised Payment Request Summary Form for this grant can be found on our website at this link: https://floridadep.gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website,linked above,for each payment request. DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Progress Report Form Attachment D-1 DEP Agreement No.: LP44073 Grantee Name: _ Monroe County Grantee Address: 102050 Overseas Highway,Ste.246,Key Largo,FL 33040 Grantee's Grant Manager: Rhonda Haag Reporting Period: Project Number and Title: Monroe County Canal#75 Backfill Restoration and Canal Skimming Demonstration Program Projects Provide the following information for all tasks and deliverables identified in the Grant Work Plan: A summary of project accomplishments for the reporting period,and comparison 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. Identify by task. Use as many pages as necessary to cover all tasks in the Grant Work Plan.The following format should be followed. Task#: Description: Progress for this reporting period: Identify any delays or problems encountered: Task#: Description: 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 Attachment D-1,DEP Agreement No.LP44073 1 of 1 Rev.4/5/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment H 1. Public Records. a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless of the physical form,characteristics,or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1),F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as defined in section 119.0701(1)(a),F.S.,the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. c. Upon completion of the contract,transfer,at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department.These formatting requirements arc satisfied by using the data formats as authorized in the contract or Microsoft Word,Outlook,Adobe,or Excel,and any software formats the contractor is authorized to access. t: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services' floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 DEP Agreement No. LP44073,Attachment H,Page 1 of I Rev,4/27/20I 8 Grant LP44074 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Marine Debris Removal LP44074 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Entity Type: County Grantee Address: 1100 Simonton Street,Key West,FL 33040 FEID: 59-6000749 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution June 30,2021 4. Project Number: Project Location(s):Canals in nnincoq,oral,d Monroe County,City of marathon, (If different from Agreement Number) and Village or Islan,orada Project Description: The grantee will remove marine debris from up to 103 canals. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): $5,550,000.00 State ❑Federal FY17-18 GAA Line Item 1593A $4,000,000.00 ® State ❑Federal FY18-19 GAA Line Item 1580A $1,500,000.00 ❑ Grantee Match . . _.. . Total Amount of Funding+Grantee Match,if any: $5,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Lisa Mecca Name: Rhonda Haag or successor or successor Address: Florida Dept.of Environmental Protection Address: Sustainability Director 3900 Commonwealth Blvd. 102050 Overseas Highway,Ste.246 Tallahassee,FL 32399-3000 _ Key Largo,FL 33037 Phone: (850)245-2920 _ Phone: (305)453-8774 Email: Lisa.Mecca@dep.state.fl.us Email: Haag-rhonda@monroecounty-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: ▪ Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2:Special Terms and Conditions O Attachment 3:Grant Work Plan Attachment 4:Public Records Requirements 0 Attachment 5:Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑Attachment 7: Grant Award.Terms(Federal)*Copy available at httos://facts.fldfs.com in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): 0 Exhibit A:Progress Report Form ❑Exhibit B:Property Reporting Form (a Exhibit C:Payment Request Summary Form ,❑Exhibit D: Quality Assurance Requirements for Grants 0 Exhibit E:Advance Payment Terms and Interest Earned Memo ❑Additional Exhibits(if necessary): DEP Agreement No. LP44074 Rev.6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a 1 : Federal Award Identification Number(s)(FAIN): Federal Award Date.to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? • • 0 Yes ON/A• _ IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below,whichever is:latt w Monroe County Board of Coun) omi l;sion�ers � GRANTEE r, ra r e a Grantee Name " J ,�� � }r :Key Madok Clerk y // 1 �_ _ (Authorized Sighiature) `�j," Date Si ed • tas� �r� �� yoer �v. David Rice,Mayor `�:,0. J:'Pamela Hancock,Deputy Clerk Print Name and Title of Person Signing State of Florida D(P�artment of Environmental Protection DEPARTMENT • 4 J By • . 91 SI) Secretary or Designee Date Signed Trina L.Vielhauer,Division Director Print Name and Title of Person Signing 0 Additional signatures attached on separate page. • • .�.. O 'rt• OE COON ATTO .NEY =c; : - i~—= • _ P OVED M �;- o' PEDR l� 1 ' :• , . A i UNTY ATTORNEYf 2 ,- .. ::: Date cJ .c7 • :. '• •.. Ili`•. _... DEP Agreement No. LP44074 Rev.6/20/18 DWRA Additional Signatures CfAIA Ct_ /Aged-a-- - Mecca,DEP Grant Manager San y Waters,D P QC Reviewer • • • • • STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1,Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties, including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent(20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or (3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions.However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. Attachment 1 l of 11 Rev.4/27/18 The Grantee warrants that: (1)the services will be performed by qualified personnel;(2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, 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 Department or steps taken by Grantee shall preclude 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 Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. Attachment 1 2of11 • Rev.4/27/18 a. Payment Process.Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to,the Reference Guide for State Expenditures, which can be accessed at the following web address:www.myfloridacfo.com/aadir/reference_guide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AA/Vendors/default.htm. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded Department.Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salarv/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs.If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty(30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices..with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate • per hour, and.hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)shall be supported by audit. If Department determines that multipliers Attachment 1 3 of 11 Rev.4/27/18 charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty(30)days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S.,and Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services.The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee.The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055,F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall'be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing,are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department - shall not reimburse any of the following types of charges: cell phone usage;attorney's fees or court costs;civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. Attachment 1 4 of 11 Rev.4/27/18 The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed.The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. N,o_retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees - and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Department must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination-Of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. Attachment 1 5 of 11 Rev.4/27/18 e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including,any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory,or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals,and furnishing labor or materials,or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either:(1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the Attachment 1 6 of 11 Rev.4/27/18 foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2)contract with other sources(without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees,partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense.The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing hi this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. Attachment 1 7 of 11 Rev.4/27/18 The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation ofthis Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135,F.S.,Department may immediately terminate this Agreement at its sole option if Grantee or its subcontractors are found to have submitted a false certification;or if Grantee,or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135,F.S.Pursuant to Section 287.135, F.S.,Department may immediately terminate this Agreement at its sole option if Grantee, its affiliates,or its subcontractors are found to have submitted a false certification; or if Attachment 1 8of11 Rev.4/27/18 • Grantee,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. c. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. d. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.;except that pursuant to the requirements of Section 287.058(6),F.S.,during the term of any executed agreement between Grantee and the State,Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term, or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility.Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of:(1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.mvflorida.com/I ibrary-archives/records-manasement/aeneral-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing.The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,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,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS)that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fldfs.com\fsaa. j d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). The Department Attachment 1 9 of 11 Rev.4/27/18 . may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs,and fringe benefits). The Grantee must provide the additional proof within thirty(30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by 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 Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred tinder this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 10 of 11 Rev.4/27/18 is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation,the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications.Upon request,Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell,assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev.4/27/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LP44074 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Marine Debris Removal.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2017 and ends at the expiration of the Agreement. b. Extensions.There are extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ 0 Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ 0 b. Indirect Costs,N/A. Q ❑ Contractual(Subcontractors) ❑ ❑ Travel ❑ ❑ Equipment ❑ ' ❑ Rental/Lease of Equipment O 0 Miscellaneous/Other Expenses O 0 Land Acquisition 5. Travel. Additional compensation for travel is not authorized under this Agreement. 6. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 8. Match Requirements There is no match required on the part of the Grantee under this Agreement. 9. Insurance Requirements Attachment 2,Agreement No.LP44074 1 of 2 Rev.5/3/2018 . Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described.below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers'Compensation and Employer's Liability Coverage. The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and employer's liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. • d. Other Insurance.None. 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. No retainage is required under this Agreement. 12. Subcontracting. 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 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. 13. State-owned Land. The work will not be performed on State-owned land. 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. None. Attachment 2,Agreement No.LP44074 2 of 2 Rev.5/3/2018 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal PROJECT LOCATION: The Project will be located withiin canals in unincorporated Monroe County, City of Marathon,and Village of Islamorada,Monroe County. PROJECT BACKGROUND: On September 10,2017 the Florida Keys was struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. Monroe County requested funding assistance from the United States Department of Agriculture(USDA) National Resources Conservation Service(NRCS)Emergency Watershed Program.This program provides public assistance funds for disaster response related marine debris removal and disposal operations.USDA NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 103 eligible canals throughout the Florida Keys.Of this$45 million allocation, unincorporated Monroe County's portion is$34 million which requires a$7.9 million(25 percent match) for the marine debris removal activities.The additional$2.4 milion not covered in this project,will derive from other county sources. PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work includes the identification of locations in the water where significant marine debris exists, locating, removing,and transporting of the marine debris to debris sites. The definition of marine debris includes: • Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e- waste,docks,non-marine vehicles,motorhomes,seawalls,and houses or portions of houses; o Organic material,sand or silt deposited into the canals as a result of Hurricane Irma; • Traps and other man-made materials,and floating structures. The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project,so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Marine Debris Removal Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal contract document. Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. DEP Agreement No.LP44074,Attachment 3,Page 1 of 2 Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE&BUDGET DETAIL: The tasks must be completed by,and all documentation received by,the corresponding task end date. Task Taskfiide Budget Budget Task Start Task End • = ,. No;.._ :Category ".: .'Amount Date-•;„ Date 1 Marine Debris Removal Contractual $5,500,000 07/01/2017 12/31/2020 Services Total: $5,500,000 • DEP Agreement No.LP44074,Attachment 3,Page 2 of 2 • STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a.. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless of the physical form,characteristics,or means of transmission,made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1),F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as defined in section 119.0701(1)(a),F.S.;the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10,F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer,at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service.If the contractor transfers all Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable ` requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department.These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook,Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING'THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 DEP Agreement No.LP44074,Attachment 4,Page 1 of 1 Rev.4/27/2018 • STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the "Department", "DEP", "FDEP"or"Grantor", or other name in the agreement)to the recipient(which may be referred to as the"Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below), monitoring procedures may include,but not be limited to,on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS • PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330 (for fiscal year start dates after December 26,2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F.An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised, and 2 CFR Part 200,Subpart F. 3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,and 2 CFR Part 200,Subpart F,is not required. In the event that the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). DEP Agreement No.LP44074 Attachment 5,Page 1 of 5 Rev.4/27/2018 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov PART II:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes.This includes submission of a financial reporting package as defined by Section 215.97(2),Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http:l/www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.co m/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III:OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97,Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audit conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F and required by PART I of this Attachment shall be submitted,when required by Section.320 (d),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No.LP44074 Attachment 5,Page 2 of 5 Rev.4/27/2018 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection • Office of the Inspector General,MS 40 3900 Commonwelalth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPS ingleAud itadep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a)(the number of copies required by Sections.320 (d)(1)and(2),OMB Circular A-133, as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133,as revised,and 2 CFR§200.512. 2. Pursuant to Section.320(f),OMB Circular A-133, as revised,and 2 CFR Part 200,Subpart F,the recipient shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit a,dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 DEP Agreement No.LP44074 Attachment 5,Page 3 of 5 Rev.4/27/2018 • Electronically: FDEPSingleAudit@dep.state.fi.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Cqpies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSinoleAud had ep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. 6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five(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 three(3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. • DEP Agreement No.LP44074 Attachment 5,Page 4 of 5 Rev.4/27/2018 • EXHIBIT—I FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category $ . • State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category • • State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97,F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Appropriations Statewide Surface Water Restoration Agreement Line Item 1593A 2017-2018 37.039 and Wastewater Projects $4,000,000 141115 Original General Appropriations Statewide Surface Water Restoration Agreement Line Item 1580A 2018-2019 37.039 and Wastewater Projects $1,500,000 141115 Total Award . $5,500,000 l•-t 3? wKYr • For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [www.cfda.gov]and/or the Florida Catalog of State Financial Assistance(CSFA)[https://apps.fldfs.corn/fsaa/searchCataloa.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. DEP Agreement No.LP44074,Attachment 5,Exhibit I,Page 5 of 5 ae..4/210018 DEPARTMENT OF ENVIRONMENTAL,PROTECTION Progress Report Form Exhibit A DEP Agreement No.: LP44074 . . Grantee Name: Monroe County Grantee Address: 102050 Overseas Highway, Ste.246,Key Largo,FL 33040 Grantee's Grant Manager: Rhonda Haag Reporting Period: Project Number and Title: LP44074-Monroe County Marine Debris Removal Provide the following information for all tasks and deliverables identified in the Grant Work Plan: A summary of project accomplishments for the reporting period,and comparison 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. Identify by task. Use as many pages as necessary to cover all tasks in the Grant Work Plan.The following format should be followed. Task#:Description: Progress for this reporting period: Identify any delays or problems encountered: • • Task#:Description: 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.LP44074 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date • Exhibit A,DEP Agreement No.LP44074 l of l Rev.4/5/2018 J EXHIBIT C . PAYMENT REQUEST SUMMARY FORM DEP Agreement No. LP44074 Payment Request No. Request Date: Grantee: (Name&Mailing Address) Grantee's Grant Manager Task No(s). Task Amount(s)Requested: S GRANT EXPENDITURES SUMMARY SECTION • ` TOTAL PREVIOUS MATCHING TOTAL AUTHORIZED TASKS AMOUNT OF THIS CUMULATIVE PAYMENT FUNDS FOR THIS CUMULATIVE REQUEST REQUESTS PAYMENT REQUEST MATCHING FUNDS REQUESTS Task l: S - S - S - S - S - Task 2: S - S - S - S - S - Task3: S - S - S - S - S - Task 4: $ - S - " S - S - S - Task 5: S - S - S - S - S - Task 6: $ - $ - S - S - S - Task 7: $ - S - S - S - S - Task 8: S - S - S - S - S - Task 9: S - S - S - $ - S - TOTAL AMOUNT S S S S S TOTAL BUDGET (ALL TASKS) $ - S LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF: S - ' S TOTAL REMAINING (ALL TASKS) S - 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. Exhibit C,DEP Agreement No.LP44074,Page 1 of 6 Grantee's Certification of Payment Request 1, ,on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) ,do hereby certify for (Print name of Grantee) DEP Agreement No. and Payment Request No. that: 1.The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. 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. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Exhibit C,DEP Agreement No.LP44074,Page 2 of 6 Engineer's Certification of Payment Request ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT I, ,being the Professional Engineer retained by (name of Professional Engineer) ,am responsible for overseeing construction of the project (name of Grantee) described in the Agreement and do hereby certify that for DEP Agreement No. and Payment Request No. 1. All permits and approvals required for the construction,which is underway,have been obtained. 2. Payment is in accordance with construction contract provisions. 3. Construction up to the point of this payment request is in compliance with the approved plans and permits. 4. Equipment,materials,labor,and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection. Signature of Professional Engineer Firm or Affiliation (Date) (P.E.Number) • • Exhibit C,DEP Agreement No.LP44074,Page 3 of 6 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. PAYMENT REQEUST NUMBER:Number of payment request REQUEST DATE:Date reqeust is submitted GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. TASK NO.: This is the number of the task that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). TASK AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK BUDGET AMOUNT"line for the`AMOUNT OF THIS REQUEST"column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT 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 Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the"TOTAL AMOUNT"line. Enter the amount of all Tasks on the"TOTAL BUDGET(ALL TASKS)"line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"line. "PREVIOUS PAYMENT REQUESTS" COLUMN:Enter the total cumulative amount that has been paid in previous requests.Do not include the current reqeusted amount in this total.Do not enter anything in the shaded areas. "TOTAL CUMULATIVE PAYMENT REQUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests;first through the final request(this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the"TOTAL PAYMENT REQUEST"line. Do not enter anything in the shaded areas. "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT"line for this column. Enter the match budget amount on the"TOTAL BUDGET(ALL TASKS)"line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF"line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the "TOTAL REMAINING(ALL TASKS)"line. "TOTAL CUMULATIVE MATCHING 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"TOTAL PAYMENT REQUEST." The final request should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION:Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. ENGINEER'S CERTIFICATION:Must be signed by Professional Engineer when Construction is being reqeusted for reimbursement. Documentation for snatch claims must meet the same requirements as those expenditures for reimbursement. • • • Exhibit C,DEP Agreement No.LP44074,Page 4 of 6 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT—PART II REIMBURSEMENT DETAIL Grantee Name: LP44074 Payment Request No.: DEP Agreement No.: Monroe County Marine Debris Removal Local Share or Other Vendor Name Invoice Invoice Date Invoice Amount Funding or Amount Requested Amount (3) Check Number TaNumb verable Number (1) Not Requested(2) umber(4) $ - $ - $ - $ - $ - $ $ _ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Totals: • $ - $ - • Exhibit C,DEP Agreement No.L44074,Page 5 of 6 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. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee,that is not 2 being requested for reimbursement by this grant 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 Water and Springs Restoration Program. 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. Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. Remit Payment Request by E-mail to: WSRP(a,dep.state.fl.us Be sure the E-mail payment request includes the following: Cc: Department's Grant Manager Subject: Project Number Disbursement Number: example—LP14025_Disb l Attachments: 1) Exhibit D Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Proof of payment(copies of canceled checks,front and back or EFT verification) 5) 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: Lisa Mecca,850-245-2924 Lisa.MeccaQdep.state.fl.us Exhibit C,DEP Agreement No.LP44074,Page 6 of 6 • . AMENDMENT NO.1 . • • •• • TO AGREEMENT NO.LP44074 . • BETWEEN • • - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION • AND - • MONROE COUNTY - This Amendment to Agreement No. LP44074 (Agreement) is made by and between the Department •of Environmental Protection (Department), an agency of the State of Florida, and Monroe County,:(Grantee), on the . . .• ' . date last signed below. • WHEREAS,:the Department entered into the Agreement with the Grantee for Monroe County Marine Debris Removal,effective September 5,2018;and, WHEREAS,the Grantee has requested a revision in'the scope of work and a reallocation of the budget for the project. . . • NOW THEREFORE,the:parties agree as follows: - - _ 1. Attachment 3, Grant Work Plan, is hereby,deleted in its entirety and replaced with Attachment 3-1, . • Revised Grant Work Plan, as-attached to.this'Amendiiient and•hereby incorporated into the Agreement: All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-1, Revised • Grant Work Plan. .. 2. All other terms and conditions of the Agreement'remain in effect..If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No.LP44074 to be duly executed, the day and year last written below. • MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF • -ENVIRONMENTAL PROTECTION • AABy: B..y . S •via J. urp y, Ma or Trina L.Vielhauer,•Division Director „f2.o1 n,g . f((fff////// .. Monroe County Attorney - Approved as to form:. a ecca,DEP Grant Manager . Cc4.,,,,,wc)nIh�LWO n j/j! .Ji f•.f��0 �LNmdynNULWIo=Nmroc: - {I - - - • �Y=Uiy^.;, rrl/.( .T.,= Geyem.d=h.il4 /5Yl///✓//iY}.y_--l. • • W I r.101G i tJf 1 11'J 11J Or'W' San ra Waters,DEP QC Reviewer . . o List of attachments/exhibits included as part of this Amendment: r- .C.-:24.• r-- Letter/ cirri W V� 1/ Specify`1 pe Number Description(include number of pages) a O i?". ';'Atta.'Z if en- \ 3-1 Revised Grant Work Plan(2 Pages) • • tr+a V:3-\\ ti.;.;t. ° - _ ."�v r'ri ( ` : ,'4M �\'7'8‘4:., Vi\...%..1.:!.-1714,4".g: .,i, "MAD l CLERK �,,' 5 . ° >. '-� --es';(DEPUTY CLERK - . DEP Agreement No.LP44074,Amendment No. 1,Page I of 1 • ATTACHMENT 3-1 REVISED GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal • PROJECT LOCATION: The Project will be located within canals (connected and plugged) in unincorporated Monroe County,City of Marathon,and Village of Islamorada,Monroe County. PROJECT BACKGROUND: On September 10,2017 the Florida Keys were struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. Monroe County requested funding assistance from the United States Department of Agriculture (USDA) National Resources Conservation Service(NRCS)Emergency Watershed Program.This program provides public assistance funds for disaster response related marine debris removal and disposal operations.USDA NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 103 eligible canals throughout the Florida Keys.Of this$45 million allocation,unincorporated Monroe County's portion is $34 million which requires a $7.9 million (25 percent match) for the marine debris removal activities. The additional $2.4 million not covered in this project, will derive from other county sources. PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work includes the identification of locations in the water where significant marine debris exists, locating, removing,and transporting of the marine debris to debris sites. The definition of marine debris includes: • Vegetation,hazardous waste, construction and demolition debris,propane tanks,white goods, e- waste,docks,non-marine vehicles,motorhomes,seawalls,and houses or portions of houses; • Organic material,sand or silt deposited into the canals as a result of Hurricane Irma; c Traps and other man-made materials,and floating structures. The grantee will also utilize a contractor to provide project management to confirm compliance with NRCS requirements and all state statutes and local ordinances. The Grantee's consultant shall provide project management and disaster related services in canals and temporary debris management area(TDMA)sites. The consultant will oversee the contractor activity and manage the marine debris site and address daily safety reports and corrective action recommendations. In addition,the Grantee will monitor the activities conducted under local,state and federal permit requirements for applicable marine debris removal work. The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project,so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1:Marine Debris Removal Deliverables:The Grantee will remove marine debris from canals (connected and up to five plugged) in accordance with the debris removal contract document. DEP Agreement No.LP44074,Attachment 3-1,Page 1 of 2 a Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 2:Project Management and Disaster Related Services Deliverables: The Grantee will utilize a contractor to provide project management and other disaster . related services to confirm compliance with NRCS requirements and all state statutes and local ordinances. Documentation: The Grantee will submit interim progress status summaries including summary of inspections,meeting minutes and field notes,as applicable. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE&BUDGET DETAIL:The tasks must be completed by,and all documentation received by,the corresponding task end date. T_ ask • Task Title Budget Budget Task Start Task End• - No. • Category Amount • Date • 'Date, - la Marine Debris Removal Contractual $4,800,000 07/01/2017 12/31/2020 within connected canals Services Marine Debris Removal Contractual lb within plugged canals Services $100,000 07/01/2017 12/31/2020 2 Project Management Contractual $600,000 07/01/2017 12/31/2020 Services Total: $5,500,000 • DEP Agreement No.LP44074,Attachment 3-1,Page 2 of 2 .------ "1 ® DATE(MM/DDNYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 05/15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this 'e�.—'-' certificate does not confer rights to the certificate holder in lieu of such endorsement(s). .c o PRODUCER CONTACT D NAME: AOn Risk Services Southwest, Inc. L Houston TX Office (AICNNo.Ent): (866) 283-7122 FAX No): (800) 363-0105o 5555 San Felipe E-MAIL 0 Suite 1500 ADDRESS: _ Houston TX 77056 USA - INSURER(S)AFFORDING COVERAGE NAIC# •INSURED INSURER A: ACE American Insurance Company 22667 JWGUSA Holdings, Inc. INSURER B: AIG Specialty Insurance Company 26883 wood Group USA, Inc. ' and its Subsidiaries and Affiliates INSURER C: Lloyd's Syndicate No. 2003 AA1128003 17325 Park Row INSURER D: ACE Fire Underwriters Insurance Co. 20702 Houston TX 77084 USA INSURER E: • INSURER F: COVERAGES CERTIFICATE NUMBER: 570076249598 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADOL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER ((MM/DD/YYYY1 (MMIDDM'YY) LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG27874265 05/01/2018 07/01/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE n OCCUR DAMAGE TO RENTED $1,000,000 ' PREMISES(Ea occurrence) MED EXP(Any one person) $5,000 PERSONAL ADV INJURY $1,000,000 rn GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $1,000,000 v POLICY n JECT LOC PRODUCTS-COMP/OPAGG $4,000,000 up 0 OTHER: o Ir A ISA H25150132 05/01/2018 07/01/2019 COMBINED SINGLE LIMIT 'A AUTOMOBILE LIABILITY $1,000,000 (Ea accident) .. X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED —SCHEDULED BODILY INJURY(Per accident) .d. AUTOS ONLY AUTOS t ft 'MS HIRED AUTOS NON-OWNED -i PROPERTY DAMAGE ONLY _AUTOS ONLY BY` {Per accident) F 1 PAWS UMBRELLA LIAB OCCUR �lg EACH OCCURRENCE 0 wA1 t/ GGREGATE EXCESS LIAB CLAIMS-MADE 7, C.11 N/K'j]��' DED RETENTION A WORKERS COMPENSATION AND WLRC65890069 01/31/2019 07/01/2019 X I PER STATUTE OTH- EMPLOYERS'LIABILITY ER YlN Work Comp- A05 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 D OFFICER/MEMBER EXCLUDED? N NIA RWCC65890100 01/31/2019 07/01/2019 (Mandatory in NH) Work Comp- WI E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— _ C Archit&Eng Prof PSDEF1800726 07/01/2018 06/30/2019 Any One Claim $2,000,000 Professional Liability Aggregate Limit $2,000,000 = SIR applies per policy terns & conditions DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) -_ SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED WOOD COMPANIES. _ RE: Consulting Services for Hurricane Irma Marine Debris Monitoring & Disaster Related Services. Contract # G525. Monroe County 0-_ and FDEP are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile ,0: Liability policies. The Workerrs' Compensation policy includes Jones Act coverage. e-__ s� CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE °.�a..la EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE -Di— POLICY PROVISIONS. La.. m� Monroe County AUTHORIZED REPRESENTATIVE 5_ 1100 Simonton St., Room 216 �eeaa Key West FL 33040 USA Bir t o ,Q.),c r�G►it%xD cJfwer.wee/na mm ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: "4 ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Southwest, Inc. JWGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570076249598 CARRIER NAIC CODE See Certificate Number: 570076249598 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured Named Insureds: JWGUSA Holdings, Inc. AGRA Pipeline Professionals, Inc. AMEC Construction Management, Inc. AMEC E&E, P.C. AMEC Engineering and consulting of Michigan, Inc. Amec Foster Wheeler USA Corporation Amec Foster wheeler Programs Inc. Amec Foster Wheeler Power Systems, Inc. Amec Foster Wheeler Constructors, Inc. Amec Foster Wheeler Energia, S.L.U. Amec Foster Wheeler E&C Services, Inc. Amec Foster Wheeler Industrial Power Company, Inc. AMEC Massachusetts, Inc. Amec Foster Wheeler Martinez Inc. Amec Foster Wheeler North America Corp Amec Foster Wheeler Ventures, Inc. Amec Foster wheeler Oil and Gas, Inc. AMEC USA Holdings, Inc. Foster Wheeler Development Corporation Foster Wheeler Intercontinental Corporation Amec Foster Wheeler Kamtech, Inc. MACTEC Engineering and Consulting, P.C. QED International LLC Rider Hunt International USA, Inc. Terra Nova Technologies, Inc. (TNT) Wood Group USA, Inc. Wood Group Alaska, LLC Wood Group PSN, Inc. Altablue, Inc. Cape software, Inc. BMA Solutions, Inc. Global Performance, LLC John Wood Group PLC RWG (Repair & overhauls) USA, Inc. Ingenious, Inc. Mustang Process and Industrial Mustang International, LP C E C Controls Company, Inc. Wood Environment & Infrastructure Solutions Inc. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD