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Item O10
0.10 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: 0.10 Agenda Item Summary #5532 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval to enter into a revenue based $33,927.06 Interlocal Agreement with Islamorada, Village of Islands, for its share of the $360,718.00 grant agreement MN008 from the Florida Department of Environmental Protection (FDEP) for the Florida Keys Reasonable Assurance Document (FRAD) water quality monitoring services; of which $16,648.53 is reimbursable to Islamorada from FDEP and $16,648.53 is required as Islamorada's 50% local cost share. ITEM BACKGROUND: This item is for approval of a cost sharing ILA with the Village of Islamorada to fund their share of the FKRAD monitoring being conducted by the University of Miami. The Village's portion of the work is $33,927.06 for six (6) monitoring stations located within Village limits; which shall be paid by the Village to the County to reimburse the County for the Village's cost share portion and of which fifty (50%) percent ($16,648.53) shall be reimbursed by the County to the Village upon receipt of reimbursement funds from FDEP. The Florida Keys Reasonable Assurance Documentation (FKRAD) was approved by the Florida Department of Environmental Protection (FDEP or Department) for Nutrients in 2008 and provided to the Environmental Protection Agency (EPA) in February 2009. The FKRAD was developed by the Department in cooperation with local governments, state agencies, and federal agencies within the Florida Keys to set forth and accelerate the actions that have been taken or were planned to be taken to reduce nutrient loadings to near shore waters throughout the Florida Keys so that water quality standards are met, and beneficial uses are restored. The Florida Keys Reasonable Assurance Plan was divided into several documents and can be found at http://www.dep.state.fl.us/Water/watersheds/rap.htm. The near shore waters comprise of 23 estuarine WBIDs (WaterBodyIDentification units) classified as Class III waters (Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife) subject to the applicable water quality standards and assessment methodology set forth in Chapter's 62-302 (Surface Water Quality Standards) and 62-303 (Identification of Impaired Surface Waters, IWR) of the Florida Administrative Code (F.A.C.). A map of the 23 WBIDs is included in Figure 1 of the RFP providing the planning units (Upper Keys, Packet Pg. 2315 0.10 Middle Keys, and Lower Keys) and cities. PREVIOUS RELEVANT BOCC ACTION: 08/16/17: Approval to advertise an RFP for 2 years of water quality monitoring services in support of the Florida Keys Reasonable Assurance Document (FRAD) as requested by the Department of Environmental Protection (DEP), 50% funding to be provided by DEP and 50% match required by the County and municipalities, exact match amount to be determined after solicitation opening, estimated in the range of$50,000-$75,000/year, which is not budgeted. 05/15/18: Approval to negotiate with vendors in rank order for nearshore and canal water quality monitoring services in support of the Florida Keys Reasonable Assurance Document(FRAD). 08/15/18: Approval to enter into a $360,718.00 Agreement with the University of Miami for water quality monitoring services in support of the Florida Keys Reasonable Assurance Document (FRAD) with the Department of Environmental Protection (DEP), 50% funding to be provided by DEP through Grant Agreement MN008 and 50% funding cost share provided by the County and municipalities. 09/19/18: Ratification of the $360,718 Grant Agreement MN008 for water quality monitoring services in support of the Florida Keys Reasonable Assurance Document (FRAD) with the Florida Department of Environmental Protection (FDEP), which now includes Attachment 8: Federal Regulations and Terms (Federal), to the grant previously approved at the 08/15/18 BOCC meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: ILA Islamorada RAD Monitoring Cost Share Final Exhibit A - DEP Grant MN008 Exhibit B -U of M Agreement RAD Monitoring FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: February 14, 2021 Total Dollar Value of Agreement: $33,927.06 Total Cost to County: $0 Current Year Portion: $0 Budgeted: N/A Source of Funds: Village of Islamorada and DEP Grant MN008 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: Yes If yes, amount: $33,927.06 Grant: No. However, it is funded 50%by DEP grant MN008. Packet Pg. 2316 0.10 County Match: No Insurance Required: Yes Additional Details: REVIEWED BY: Rhonda Haag Completed 04/30/2019 4:44 PM Pedro Mercado Completed 05/06/2019 10:29 AM Budget and Finance Completed 05/07/2019 3:56 PM Maria Slavik Completed 05/07/2019 3:58 PM Kathy Peters Completed 05/07/2019 8:37 PM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 2317 0.10.a INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY, FLORIDA,AND ISLAMORADA,VILLAGE OF ISLANDS, FLORIDA, FOR RAD MONITORING SERVICES UNDER DEP GRANT MN008 THIS INTERLOCAL AGREEMENT ("Agreement") is entered into this day of Cn n 2019, pursuant to Section 163.01, Florida Statutes, between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, 2- Florida 33040 ("County"), and Islamorada, Village of Islands, Florida, a municipal corporation of E the State of Florida, whose address is 86800 Overseas Highway, Islamorada, Florida 33036 ("Village" or"Village") (collectively hereinafter referred to as the "Parties"). 4- 0 WITNESSETH: Cn WHEREAS, the County and the Village are authorized to enter into this Agreement and LO implement its provisions pursuant to Section 163.01, Florida Statutes, as amended, which permits local government units to make the most efficient use of their powers by enabling them to cooperate 0 with each other for mutual advantage and to provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geographic, economic, and other factors influencing the needs and development of local communities; and c E WHEREAS, the Florida Keys Reasonable Assurance Documentation (FKRAD) was approved by the Florida Department of Environmental Protection (FDEP or Department) for Nutrients in 2008 and provided to the Environmental Protection Agency (EPA) in February 2009; and E WHEREAS, the FKRAD was developed by the Department in cooperation with local i- governments, state agencies, and federal agencies within the Florida Keys to set forth and accelerate the actions that have been taken or were planned to be taken to reduce nutrient loadings Cn to near shore waters throughout the Florida Keys so that water quality standards are met, and LO beneficial uses are restored; and WHEREAS, the County received Florida Department of Environmental Protection (FDEP) Grant number MN008 ("Grant") in the amount of $360,718.00 for RAD monitoring services in unincorporated Monroe County, the City of Marathon, the Village of Islamorada, the City of Key West and the City of Layton; and WHEREAS, the County has an agreement with the University of Miami for $360,718.00 to conduct the RAD monitoring work; and 0 E 12 WHEREAS, the County and municipalities share of the RAD monitoring costs is equal to 50%; and WHEREAS,the Village's portion of the work is $33,927.06 for six (6)monitoring stations E located within Village limits which shall be paid by the Village to the County to reimburse the U County for the Village's cost share portion and of which fifty (50%)percent($16,648.53) shall be reimbursed by the County to the Village upon receipt from FDEP; and 1 Packet Pg. 2318 0.10.a WHEREAS,it is necessary for the Parties to enter into this Agreement in order to spell out the rights and responsibilities of the Parties under the Grant and this Agreement. NOW THEREFORE,in consideration of the mutual covenants set forth herein and other Cn n valuable consideration, the sufficiency and receipt of which is acknowledged by both of the Parties, and pursuant to Section 163.01, et. seq., Florida Statutes, the Florida Interlocal 2- Cooperation Act of 1969, the Parties hereto agree as follows: E SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby - incorporated in this Agreement by reference. SECTION 2. TERM AND TERMINATION. Cn The term of this Agreement shall run from the date on which the Agreement is executed by both 0 0 the Parties ("Effective Date") and shall continue in full force and effect until the Parties have L- satisfied all of their obligations under this Agreement,unless terminated sooner as provided herein ("Term"). E In the event that funding from FDEP or any other source is withdrawn, reduced, or limited in any L- way after the Effective Date of this Agreement but prior to completion of the Agreement, the c County may terminate the Agreement, subject to renegotiation under new funding limitations and conditions. SECTION 3. RESPONSIBILITIES OF THE PARTIES. A. Each party to this Agreement shall designate an individual who may be designated by title U or position to oversee and administer the party's participation in this Agreement. The Parties' 0- initial Administrators shall be the following individuals: Cn For the County: For the Village: Rhonda Haag Seth Lawless Director Sustainability and Projects Village Manager 102050 Overseas Highway, Ste. 246 86800 Overseas Highway Key Largo, FL 33037 Islamorada, FL 33036 0 Bus: (305) 453-8774 Tel: (305) 664-6460 Haag-rhondagmonroecounty-fi.gov seth.lawles sgi slamorada.fl.us Either party may change its Administrator at any time by delivering written notice of such party's 0 new Administrator to the other party. 12 A B. The Scope of Services for work to be performed under this Grant is as shown in the Notice of Grant and Agreement Award ("Award") for the Grant, attached hereto as Exhibit A to this i Agreement, and also as shown in the University of Miami agreement, attached hereto as Exhibit 0 B, both incorporated herein by reference. By entering into this Agreement, each party agrees that it will comply with all terms and conditions imposed on the Sponsor in the Award. C. Monroe County and DEP have overall responsibility for direction of any work performed 2 Packet Pg. 2319 0.10.a by the University of Miami ("University") under the Grant, including work performed in Islamorada. If at any time the Village directs work to be performed by the University of Miami that is not covered under the DEP Award document, the Village shall be responsible for full payment of that work to the County for such work. The County shall provide the deliverables from the University of Miami to the County indicating the work that has been performed. The County Cn shall have sole responsibility for direction of work performed by the University of Miami. D. The contract project period is August 15, 2018 through February 15, 2021. The total c estimated project budget for the Village is $33,927.06 for six (6)monitoring stations located within the Village limits as shown in the map attached as Exhibit C to this Agreement. E. The County has hired the University of Miami to perform the work covered by the DEP Grant N008. Thereafter, throughout the Term of this Agreement, the University will submit Cn invoices to the County,with copies to the Village,for the work performed,up to the amounts shown LO in Exhibit B. Within ten (10) calendar days following receipt of the invoice from the University c 0 of Miami, the Village shall provide an electronic funds transfer (EFT) to deposit funds with the L- County in an amount necessary to pay 100%of amount of the invoice for services performed within the Village. F. Following receipt of the invoice from the University of Miami, the County shall make E payment to the University of Miami in accordance with the Florida prompt payment Act and shall c submit a reimbursement claim to FDEP for reimbursement of 50% of the eligible invoice costs in accordance with DEP grant N008. G. Within ten (10) days of receipt by the County of the eligible reimbursement costs from FDEP,the County will issue the approved reimbursement amount to the Village by electronic funds transfer. E H. The Village understands that only work covered in the Grant Agreement is allowable work. All Cn amendments to the Award require the prior written approval of both the County and FDEP. LO 0 SECTION 4. RECORDS—ACCESS AND AUDITS. A. Both Parties 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(7) years from the termination of this agreement or for a period of three (3) 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 purposes during the term of the Agreement E 12 and for four(4) years following the termination of this Agreement. If an auditor employed by the County determines that monies paid to the Village pursuant to this Agreement were spent for purposes not authorized by this Agreement,the Village 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. U B. The Parties shall allow public access to all records subject to the provisions of Chapter 119, Florida Statutes, and the Constitution of the State of Florida and which have been made or received 3 Packet Pg. 2320 0.10.a by either party in conjunction with this Interlocal Agreement. SECTION 5. NONDISCRIMINATION. The Parties agree that there will be no discrimination against any person, and it is expressly Cn 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. The Parties agree to comply with all Federal and Florida E statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but 2 are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits A discrimination on the basis of race, color or national origin; 2) Title IX of the Education c 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 Cn (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age th Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination c 0 on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended, L- relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse 4- 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 L- confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of c 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 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status c or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may 0- apply to the parties to, or the subject matter of, this Agreement. Cn SECTION 6. GOVERNING LAW,VENUE. 0 cs The laws of the State of Florida shall govern this Agreement. Any lawsuit to enforce the terms and c conditions of this Agreement must be brought in Monroe County, Florida. SECTION 7. SEVERABILITY. c If any provision or part of a provision of this Agreement is found by a court or other authority of competent jurisdiction to be void or unenforceable, that provision or part of a provision is to be M deemed deleted from this Agreement and the remaining provisions to continue in full force and L- effect. The Parties shall,in this event, seek to agree upon a valid and enforceable provision or part E of a provision to replace the provision or part of a provision found to be void and unenforceable. SECTION 8. CODE OF ETHICS. The Parties agree that officers and employees of the Village and County required to comply with E the standards of conduct for public officers and employees as delineated in Section 112.311, et U seq., 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 4 Packet Pg. 2321 0.10.a employment or contractual relationship; and disclosure or use of certain information. The County and Village each 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, Cn 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. Each party further warrants that it has not employed, retained or otherwise had c E act on its behalf any former county officer or county employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 as amended by Ordinance 020-1990 or any county officer or employee in violation of Section 3 of Ordinance No. 010-1990. For the breach or violation of the provision, each party 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, Cn commission,percentage, gift, or consideration 0 0 SECTION 9. AUTHORITY TO EXECUTE, EXECUTION IN COUNTERPARTS, L- EXECUTION BY ELECTRONIC SIGNATURES. The persons signing below represent and warrant that each possesses the requisite authority to execute this Agreement and to bind his respective entity through his signature. This Agreement E may be signed in counterparts. In accordance with Monroe County Ordinance No. 005-2018, an electronic signature is equally valid as a hard copy or wet signature. SECTION 10. NOTICE. Whenever any party desires to give notice to the other,it must be given by written notice, either by registered first class U.S. mail,return receipt requested, or by certified mail, and sent to: U- For the County: For the Village: Cn Monroe County Administrator Village Manager th 1100 Simonton St. Islamorada, Village of Islands Key West, FL 33040 86800 Overseas Highway Islamorada, FL 33036 � .E SECTION 11. OTHER FEDERAL CLAUSES. c The Parties understand that the subject matter of this Agreement is work that will be paid for by a federal award, as that term is defined in 2 C.F.R. part 200, and therefore, the following federal contract clauses apply: 0 A. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 12 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). E B. Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act U (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 5 Packet Pg. 2322 0.10.a 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). Cn C. 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 2- exclusions in the System for Award Management (SAM), in accordance with the OMB E 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. Cn LO 0 D. 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 0 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 c 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. E. NRCS Regulations. NRCS administers the Emergency Watershed Protection (EWP) program through the following authorities: i_ • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and Cn • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127. • Codified rules for administration of the EWP program are set forth in 7 CFR 624. The Parties understand agree that they will comply with the aforementioned statutes and regulations. SECTION 12. ENTIRETY OF AGREEMENT. This Agreement constitutes the entire agreement between the County and the Village, and supersedes all proposals, prior agreements, and all other communication between the Parties in relation to the subject matter covered by this Agreement. Except as otherwise provided herein, no revision, amendment or modification of this 0 Agreement shall be effective unless reduced to writing and executed by both Parties. U 6 Packet Pg. 2323 0.10.a IN WITNESS WHEREOF,the Parties hereto have caused these presents to be executed by their Authorized Officers and have affixed their corporate seals hereon. Cn (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA m- 0 By: By: 4- Deputy Clerk Sylvia Murphy, Mayor c Date: .� APPROVED AS TO FORM AND LEGALITY FOR THE USE AND m RELIANCE OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ONLY: m 0 0 PEDRO MERCADO,ASSISTANT COUNTY ATTORNEY J E (SEAL) ISLAMORADA, VILLAGE OF ISLANDS, 0 Attest: KELLY TOTH, VILLAGE CLERK FLORIDA E By: By: - Seth Lawless, Village Manager Cn APPROVED AS TO FORM AND LEGALITY FOR THE USE AND m 0 RELIANCE OF THE VILLAGE OF ISLAMORADA,FLORIDA ONLY: ROGET V.BRYAN,VILLAGE ATTORNEY 0 J 4j U 7 Packet Pg. 2324 0.10.a Exhibit A DEP GRANT AGREEMENT FOR RAD MONITORING SERVICES MN008 cn 0 12 A 4- 0 cn 0 0 U- cn 0 0 0 12 4j u 8 Packet Pg. 2325 0.10.a EXHIBIT B UNIVERSITY OF MIAMI AGREEMENT WITH MONROE COUNTY FOR RAD MONITORING SERVICES cn n 0 12 A 4- 0 cn 0 u- cn 0 12 4i u 9 Packet Pg. 2326 0.10.a EXHIBIT C RAD MONITORING SERVICES L PERFORMED IN ISLAMORADA cn N R R L O E _N O C •L R t N N O U L O a J_ C •L O O Q R C LL N L cn N O U Legend L 0 • Islamorada (6) 0 Layton (1) • Marathon (8) O O Key West(6) �a N 0 10 20 30 40 J_ Miles a> E t R a 10 Packet Pg. 2327 O.10.b 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 FL Keys Reasonable Assurance Plan Water Quality Monitoring MN008 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Board of County Commissioners Entity Type: tas Local government t� Grantee Address: 1100 Simonton Street,Key West,Florida 33040 FEID: F596000749006 (Grantee) 0 3. Agreement Begin Date: Date of Expiration: Upon execution June 30,2021 4. Project Number:NIN008 Project Location(s) The near shore waters of the Florida Ke (If different from Agreement Number) yfl Project Description:A contractor selected by Monroe Co.will perform water quality monitoring and submit data to FDEP's Water Information Network(see scope of work)for use in assessing water quality in the near shore waters of the Florida Keys. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Sources : ® State []Federal GAA Line item 1624,FY 16-17 $51X8.00 L $360,718.00 ❑ State (Federal Award#C-00476018 $128,281.00 ❑ State ❑Federal _ ❑ State ❑Federal 6. Department's Grant Manager Grantee's Grant Manager Name: Julie Espy Name: Rhonda Haag or successor or successor Address: 2600 Blair Stone Rd.MS 3515 Address:1100 Simonton Street Tallahassee,FL 32301 Key West,FL 33040 Phone: 850-245-8416 Phone:305-453-8774 Email: julie.espy@dep.state.fl.us Email:Haag-Rhonda(a)MonroeCounty-fl.gov 00 CD CD 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Z Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements V Attachment 2: Special Terms and Conditions d Attachment 3:Scope of Work and Conditions(Grant Work Plan) 0 Attachment 4:Public Records Requirements Z Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ® Attachment 7:Grant Award Terms(Federal) 0 Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): Z Exhibit A:Progress Report Form ❑ Exhibit B:Disclosure of Lobbying Activities(Federal) ❑ Exhibit C:DEP Property Reporting Form 96 Exhibit D:Payment Request Summary Form Z Exhibit E:Quality Assurance Requirements ❑ Exhibit F:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. MN008 Rev. 2/ Packet Pg. 2328 0.10.b 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 l(a)(1): FedeM Awafd IderitiftcatioaNumber(s)(FAIN): .Federal Award-Date'to.De artment_. Total Fi'deial Ftinils'Obli ated b "this``A feen ent` Fedeial''Awa-rding Agency:, Awned R&D? ❑ Yes ❑N/A IN WITNESS WtIEREOF,this Agreement is being executed by the Parties and is effective on the date in the Agreement Begin Date above or the last date signed below,whichever is later.9. Monroe Count Board of Count Commissioners ��-�� U) Y y GRANTEE ' Grantee Name ATTEST: KFvin Madok,Clerk '°�kb�sw r By (duthori=ed Signature) Date gned ME kL a David Rice,Mayor Pamela Hancock,Deputy Clerko°.,,. u�A Print Name and Title of Person Signing 10. t!) State of Florida Environmental Prole DEPARTNIENT) By roc C to l 23 �! 8 S cretary or Designee \_ Date Signed Tt7'f'YI rr7L� ��- p7 V1'51 D�'L NVCC+D — Print Name and Title of Person Signing a 0 Additional signatures attached on separate page. 0 E COUNTY Arn NEY 00 OVED AS M P.EDRO AS C NTY ATTO EY Q �n ate tt'. o rn c>t� � c� d �o. M " [� 3 _< ty DEP Agreement No. MN008 Rev.2/13/2018 Packet Pg. 2329 0.10.b 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 attached hereto (Agreement), U) 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 preprinted terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. cu a. Order of Precedence. If there are conflicting provisions between the documents that make up the Agreement, 15 the order of precedence for the documents is as follows: i. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement ii. 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 between the parties,including all notices,shall g, 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. 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: 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 00 funding transfers between approved budget categories,as defined in Attachment 3,Grant Work Plan,that exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. A change order to this Agreement may be used 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 3, Grant Work Plan, are less than ten percent (10%) of the total budget as last approved by the Department, or without limitation to changes to approved fund transfers between budget categories for the purchases 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 the 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. Attachment 1 I of 12 Rev.5/25/2018 Packet Pg. 2330 O.10.b 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 security and safety requirements and processes,if provided by the Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time whether the services or qualifications offered by the Grantee meet the Agreement requirements. Notwithstanding any provisions to the contrary,written acceptance of a particular deliverable/minimum requirement U) does not foreclose the Department's remedies in the event those performance standards that cannot be readily measured at the time of delivery are not met. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by the 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 the Grantee's expense.If the Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Reiection 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 the Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at the Grantee's sole expense.The Grantee shall only invoice the Department for deliverables that are completed in accordance with the Grant Work Plan. Failure to fulfill the applicable g, 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 the Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which the Grantee may remedy the objections noted by the Department.The Grantee's failure to make adequate or acceptable said deliverables after a reasonable opportunity to do so may 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.These consequences for nonperformance shall not be considered penalties. b. Corrective Action Plan. If the Grantee fails to correct all the deficiencies in a rejected deliverable within the 00 specified timeframe,the Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP)be submitted by the Grantee to the Department. The Department shall provide the Grantee with a written request for a CAP that specifies the outstanding deficiencies. 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)calendar days of the date of the written request from the Department. The CAP shall be sent to the Grant Manager for review and approval. Within ten (10)calendar days of receipt of a CAP,the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,the Grantee shall have ten(10) calendar days from receipt of the Department letter 'rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee,the Department shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. 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 the Department may result in termination of the Agreement. Attachment 1 2of12 Rev.5/25/2018 Packet Pg. 2331 0.10.b 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 the Department,the Department agrees to pay the Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).To obtain the applicable interest rate,please refer to: http://www.myfloridaefo.com/Division/AANendors/default.htm. b. Taxes. The Department is exempted from payment of State sales and 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 the Grantee to suppliers for taxes on materials used to fulfill its contractual obligations U) with the Department. The Grantee shall not use the 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 the 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 D, 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.mvfloridacfo.com/aadir/referenceZuide/. PO e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department pursuant to the Grant Work Plan shall be submitted to the Department in sufficient detail for a proper pre-audit and post-audit to be performed. f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by the Department's Grant Manager. g. Final Payment Request. 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 ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the completion date of the Agreement. h. Annual Appropriation Contingency. The State of Florida'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 00 may be rescinded,with proper notice,at the discretion of the 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. - cu 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. Salary/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 the 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 the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit,the Grantee shall be required to reimburse such funds to the Department within thirty (30)calendar days of written notification.Interest 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 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 eligible 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 shall be charged on Attachment 1 3 of 12 Rev.5/25/2018 Packet Pg. 2332 0.10.b 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 691-73,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 U) work described in Attachment 3,Grant Work Plan.Invoices submitted to the Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a M copy ofthe 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 E subcontract. The Grantee may request approval from the Department to award a fixed-price 15 subcontract resulting from procurement methods other than those identified 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. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section g, 287.055,F.S.or the Brooks Act,the 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 the Grantee's direct purchase of equipment is subject to specific approval of the 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 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 00 phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the CD CD terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the 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. IL 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,the 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, cu Progress Report Form,to the 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) calendar 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 the Grantee within thirty(30)days. Attachment 1 4of12 Rev.5/25/2018 Packet Pg. 2333 0.10.b 11. Retainage. The following provisions apply if the 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 to a maximum percentage described in the Special Terms and Conditions.Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. The Department reserves the right to withhold payment of retainage for Grantee's failure to respond to or correct identified deficiencies within the timeframe stipulated in the Grant Work Plan. The Department shall provide written notification to Grantee of identified deficiencies and the Department's intent to withhold retainage. U) Grantee's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will result in forfeiture of retainage by Grantee. M c. 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 for the work and the retainage called for under the entire Grant Work Plan. Failure to M 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. d. No retainage shall be released or paid for incomplete work while this Agreement is suspended. e. 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. Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance g, 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: i. 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 of Environmental Protection,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$200,000 each individual's claim and$300,000 each occurrence. 00 ii. Workers' Compensation and Employer's Liability Coverage. CD CD 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. iii. 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 of Environmental Protection, 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 iv. Other Insurance. Additional insurance may be required by federal law,where applicable,if any work proceeds over or adjacent to water,including but not limited to Jones Act,Longshoreman's and Harbor Worker'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 (http://www.dol.gov/owep/dlhwc/Iscontac.htm)or to the parties' insurance carrier. b. 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 Attachment 1 5of12 Rev.5/25/2018 'The foregoing notwithstanding,nothing herein shall constitute a waiver of the right of the insured to assert sovereign immunity. Packet Pg. 2334 0.10.b 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. c. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection, its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. Further,notwithstanding the requirements above, if Grantee is self-insured,then the Department of Environmental Protection,its employees,and officers do not need to be listed as additional insureds. d. 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. M e. Proof of Insurance. Upon execution of this Agreement,the Grantee shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to M performance of any work under this Agreement. Upon receipt of written request from the Department,the 15 Grantee shall furnish the Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-insured authorization,or other certification of self-insurance. f. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,the Grantee shall immediately notify the 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)calendar days after the cancellation of coverage. 13. Termination. U a. Termination for Convenience. The Department may terminate the Agreement in whole or in part by giving 30 days'written notice to the Grantee,when the Department determines,in its sole discretion,that it is in the State's interest to do so. The Department shall notify the 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 shall not furnish any service or deliverable after it receives the notice of termination,unless otherwise instructed in the notice. The Grantee shall not be entitled to recover any cancellation charges or lost profits. 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. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described below occur or in the event that the Grantee fails to fulfill any of its other obligations under this Agreement.The Grantee shall continue work on any portion of the Agreement not terminated. If,after termination,it is determined that the Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall 00 be the same as if the termination had been issued for the convenience of the Department.The rights and remedies CD of the 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, C and except as otherwise directed by the Department,the Grantee shall stop performing services on the date,and to the extent specified,in the notice. IL 14. Notice of Default. If the Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, without limitation,any of the events of default listed below, the Department shall provide notice to the 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, the Grantee will be found in default, and the Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. 0 Provided such failure is not the fault of the Department or outside the reasonable control of the 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 the 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. Attachment 1 6of12 Rev.5/25/2018 Packet Pg. 2335 0.10.b 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 the like furnishing labor or materials, or failure to make payment to any other entities as required herein in connection with the 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; U) h. Failure to maintain the insurance required by this Agreement;and M i. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the specified 30-day period,the Grantee(including its receiver or trustee in bankruptcy)provides to the Department adequate assurances,reasonably acceptable to the Department,of its continuing ability and willingness to fulfill E its obligations under the Agreement: i. Entry of an order for relief under Title I 1 of the United States Code; ii. The making by the Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of the Grantee's business or property; and/or M iv. An action by the Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. U 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 the 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,the Grantee shall comply with the notice.Within 90 days,or any longer period agreed to by the parties,the 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 the 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 the Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars, 00 acts of public enemies,strikes,fires,floods,or other similar cause wholly beyond the Grantee's control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Grantee. In case of any delay the Grantee believes is excusable,the Grantee shall notify the 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 the 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 the 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 the Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the 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 the Grantee shall perform at no increased cost,unless the Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to the Department, in which case the Department may(1)accept allocated performance or deliveries from the Grantee,provided that the Grantee grants preferential treatment to Department with respect to products subjected to allocation;(2)contract with other sources(without recourse to and by the 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 the Agreement in whole or in part. Attachment 1 7of12 Rev.5/25/2018 Packet Pg. 2336 0.10.b 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 the 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 the Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of the Grantee. U) b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon the M Department giving the Grantee(1)written notice of any action or threatened action; (2)the opportunity to take M 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 the Department in any legal action without the Grantee's prior written consent,which shall not be unreasonably withheld. c. Notwithstanding sections a.—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 of Florida to be sued by third parties in any matter arising U) 0 out of any contract or this Agreement. t3 d. No provision in this Agreement shall require the Department to hold harmless or indemnify the Grantee, insure or assume liability for the Grantee's negligence,waive the Department's sovereign immunity under the laws of Florida, or otherwise impose liability on the 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 in this Agreement shall be construed to make the Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit the 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 00 other remedies available to it at law or in equity and upon notice to the 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. The delay or failure by the Department to exercise or enforce any of its rights under this Agreement shall not constitute M or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial D 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 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. 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. Attachment 1 8of12 Rev.5/25/2018 Packet Pg. 2337 O.10.b 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 the 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 U) the life of the Agreement. The Florida Department of Management Services is responsible for M 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. M 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. t3 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 00 CD not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran CD 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 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 the Grantee and the State, the 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,the Grantee shall similarly require each subcontractor to maintain and allow Attachment 1 9of12 Rev.5/25/2018 Packet Pg. 2338 0.10.b access to such records for audit purposes. Upon request of the Department's Inspector General, or other authorized State official,the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to the 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.myflorida.com/l ibrary-archives/records-manaaement/general-records-schedules!). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5),F.S.,to cooperate with the M 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 Agreement,if any,impose this requirement,in writing,on its sub-grantees. 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 M 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, U 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 CD an updated copy of Exhibit 1,to Attachment 5. If the Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease,the 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,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 00 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. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the 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 IL 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)calendar days of such request. e. No Commineline 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,the Grantee,or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. 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. Attachment 1 10 of 12 Rev.5/25/2018 Packet Pg. 2339 0.10.b ii. 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 and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department. 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. M The Grantee is an independent contractor and is not an employee or agent of the Department. M 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed M solely by the Grantee and may not be subcontracted or assigned without the prior written consent of the Department. 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. M c. The Department may, for cause, deny access to the Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions tinder paragraphs b. or c. shall not relieve the Grantee of its obligation to perform all t3 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 the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny the Grantee's employees,subcontractors,or agents access to meetings within the Department's facilities,unless the basis of the 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 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. 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 00 the 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 the Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If the Grantee is a subsidiary of another corporation or other business entity,the Grantee asserts that its parent company will guarantee all of the obligations of the Grantee for purposes of fulfilling the obligations of the Agreement. In the event the Grantee is sold during the period the Agreement is in effect,the Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of the 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 the Grantee, its agents,servants, and employees,nor shall the Grantee disclaim its own negligence to the 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 the Department consents to a subcontract,the 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. Attachment 1 I of 12 Rev.5/25/2018 Packet Pg. 2340 O.10.b 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 the Agreement must comply with all security and administrative requirements of the 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 the Department.In the event of any assignment,the Grantee remains secondarily liable for performance of the Agreement,unless the Department U) expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to the M Grantee of its intent to do so. 37. Prohibited Local Government Construction Preferences. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which 50 percent(50%) or more of the cost will be paid from state-appropriated funds that 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: cm i. The contractor's maintaining an office or place of business within a particular local jurisdiction; ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or M iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. For any competitive solicitation that meets the criteria of this section, a state college, county, municipality, school P3 district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by this section. ' 38. Prohibited Governmental Actions for Public Works Projects. Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers and prohibited from restricting qualified bidders from submitting bids. a. "Political subdivision" means separate agency or unit of local government created or established by law or ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other municipality; or a department, commission,authority,school district,taxing district,water management district, board,public corporation, institution of higher education, or other public agency or body thereof authorized to expend public funds for construction,maintenance,repair or improvement of public works. b. "Public works project"means an activity of which fifty percent(50%)or more of the cost will be paid from state 00 - appropriated funds that were appropriated at the time of the competitive solicitation and which consists of construction,maintenance,repair,renovation,remodeling or improvement of a building,road,street,sewer,storm drain,water system,site development,irrigation system,reclamation project,gas or electrical distribution system, gas or electrical substation, or other facility, project,or portion thereof that is owned in whole or in part by any political subdivision. c. Except as required by federal or state law,the state or political subdivision that contracts for a public works project may not require that a contractor,subcontractor or material supplier or carrier engaged in such project: i. Pay employees a predetermined amount of wages or prescribe any wage rate; ii. Provide employees a specified type,amount,or rate of employee benefits; iii. Control,limit,or expand staffing;or iv. Recruit,train,or hire employees from designated,restricted,or single source. d. For any competitive solicitation that meets the criteria of this section, the state or political subdivision that contracts for a public works project may not prohibit any contractor,subcontractor,or material supplier or carrier able to perform such work who is qualified, licensed,or certified as required by state law to perform such work from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and Section 287.134,F.S. e. Contracts executed under Chapter 337,F.S. are exempt from these prohibitions. 39. 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 12 of 12 Rev.5/25/2018 Packet Pg. 2341 0.10.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT SPECIAL TERMS AND CONDITIONS AGREEMENT#MN008 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and U) Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is FL Keys Near Shore monitoring. The Project is defined in more detail in the Attachment 3,Grant Work Plan. 4- 0 2. Duration. a. Reimbursement Period. a The reimbursement period for this Agreement begins on execution of the agreement and continues for 36 months, which shall be defined as the grant agreement Service Period. Additional service periods shall be requested and authorized by the Department on an annual basis and must be evidenced by a formal Amendment to this Agreement. Additional service periods may not exceed beyond the expiration date of this Agreement. g, 0 b. Extensions. There is one extension available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. a 0 3. Payment Provisions. a. Compensation. This is a cost reimbursement agreement. The Grantee shall be compensated under this Agreement as described below. b. Invoicing.Invoicing will occur quarterly. c. Advance Pay. Advance Pay is not authorized under this Agreement. 00 4. Costs 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 ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © [] Contractual(Subcontractors) ®_ ❑ ❑ Travel ❑ ❑ Equipment .. ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition No Equipment purchases shall be funded under this Agreement. There will be no Land Acquisitions funded under this Agreement. 5. Match Requirements. Attachment 2,Agreement#MN008 1 of 2 Rev. 11/7/17 Packet Pg. 2342 0.10.b The Agreer ent requires at least a 50% match on the part of the Grantee. Therefore,the Grantee is responsible for providing�$130,362 through cash or third party in-kind towards the work funded under this Agreement. The Grantee ay claim allowable project expenditures made on or after upon execution for purposes of meeting its match requirement as identified above. Each payment request submitted shall document all matching funds and/or match efforts(i.e.,in-kind services) � provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. U) M 6. Quality Assurance Requirements. The Grantee shall develop and implement quality assurance practices consisting of policies,procedures, specifications,standards,and documentation sufficient to produce data of quality adequate to meet Project M objectives and to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160,Florida Administrative Code,and the Quality Assurance Requirements for Department Agreements,attached hereto and made part hereof as Exhibit E, Quality Assurance Requirements for Contracts and Grants, if applicable.If the Project does not involve environmentally-related measurements or data generation,this Attachment shall not be required and shall be intentionally excluded. U) 7.--Additional Lobbying Requirement for Federally-Funded Agreements This Agreement is not federally funded_ 0 8. Miscellaneous Contract Terms. a. Retainaae. No retainage is required under this Agreement. ° b. Subcontracting. 0 The Grantee may subcontract work under this Agreement with the prior written consent of the Grant Manager.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. 00 c. State-owned land. CD CD The work will not be performed on State-owned land. d. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. IL 9. Additional Terms. x Attachment 2,Agreement#MN008 2 of 2 Rev. 11/7/17 Packet Pg. 2343 O.10.b DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT#: MN008 ATTACHMENT 3 PROJECT TITLE: FL Keys Near Shore Monitoring U) M PROJECT LOCATION: The Project will be located in Monroe County, Florida. Monitoring' activities will primarily occur within the near shore waters (within 500m of the keys coastline). PROJECT BACKGROUND: The Florida Keys Reasonable Assurance Documentation (FKRAD) was 4- approved by the Florida Department of Environmental Protection (FDEP or Department) for Nutrients in 2008 and provided to the Environmental Protection Agency (EPA) in February 2009. The FKRAD was developed by the Department in cooperation with local governments, state agencies, and federal agencies within the Florida Keys to set forth and accelerate the actions that have been taken or were planned to be t/s taken to reduce nutrient loadings to near shore waters throughout the Florida Keys so that water quality standards are met and beneficial uses are restored. The Florida Keys Reasonable Assurance Plan was t3 divided into several documents and can be found at http://www.dep.state.fl.us/Water/watersheds/rap.htm The near shore waters comprise 23 estuarine WBIDs (WaterBody IDentification units) classified as Class III waters (Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife) subject to the applicable water quality standards and assessment methodology set forth in Chapters 62-302 (Surface Water Quality Standards) and 62-303 (Identification of Impaired Surface Waters, IWR) of the Florida Administrative Code (F.A.C.). A map of the 23 WBIDs is included in Figure 1 below providing the planning units(Upper Keys,Middle Keys,and Lower Keys)and cities. PROJECT DESCRIPTION: Comprehensive monitoring will be performed to collect sufficient nutrient 00 data to evaluate the FKRAD for the 23 FKRAD WBIDs, in order, to determine FKRAD nutrient compliance and support the Department's Impaired Waters assessments. The monitoring will consist of collecting an estimated 252 samples at 60-65 stations with 4 samples collected at each station in a calendar year for two consecutive years, and at least one sample collected between May 1 and September 30 and at least one sample collected during the other months of the calendar year. Note, most of the sample locations will require a boat for accessibility and two staff per sampling team. TASKS and DELIVERABLES: Attachment 3,DEP Agreement#:MN008 1 of 10 Rev.2/13/2018 Packet Pg. 2344 0.10.b Florida Keys RAD 'WBIDs Figure 1. FKRAAD F-kD WBIDs Key Largo -{1 �EtlR Ei d L Upper Kays Muddle Keys : Vmw Of IslalnOr" O E Layton City set? p Marathon eetg Key Colony Beach i t Lowe Keys �77C eptC N 6011A pYJ O 11® V det]O 6012E pa17C i 6at2A' Key West ®pt18 5p15C *6L Bois Planning Units .� 5p1,7A so12n 0 CiUes$Villages J t014(- FKRAD W81Rs ae17A 6v+�e tm C O r O 0 00 O O Z r C a w 0 x w r c m E r r Q Attachment 2.DEP Agreement tk:MN008 2of10 Rev.2/13/2018 Packet Pg. 2345 O.10.b Task#1 : DEP Water Quality Monitoring Training Task Description: The Grantee or its subcontractors, including all personnel who will perform any aspect of the field sampling associated with this grant,will attend and participate in DEP sanctioned water quality sampling training. This training will be provided or supported by DEP and will include presentations and demonstrations consistent with DEP sampling Standard Operating Procedures(SOPs). The Grantee and/or its subcontractors are expected to adhere to these SOPS when performing tasks under this grant agreement. cis Deliverable #1 : Proof of attendance and participation at a DEP sanctioned water quality sampling training event. This should be an event sign-sheet or similar document confirmed by DEP personnel or E contractor approved to provide the training. 15 4- 0 0 Performance Standard: The Department's Grant Manager will ensure the training is made available to the Grantee and its subcontractors and that the training complies with this Agreement and the quality assurance requirements. U) 0 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: Allowable budget categories and costs for this task include contract services ($9,035 DEP and 50%match of$9,035 from Monroe Co. for total of$18,070) Task Start and End Dates: Deliverable 1:No later than 30 days before first sampling event Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the task end date. 00 CD CD Attachment 2,DEP Agreement#: MN008 3 of 10 Rev.2/13/2018 Packet Pg. 2346 O.10.b Task#2 : Quality Assurance Project Plan Task Description: The Grantee will prepare,submit,and receive approval on a Quality Assurance Project Plan (QAPP) prior to commencement of any monitoring associated with the project. The QAPP must specify the sampling procedures, locations, instruments, and parameters to be sampled. It must also include all laboratory methods and procedures to be used in analyzing the samples, all associated reporting elements, and all other information as stated in Attachment E. The Grantee will use the format provided by the Department's Grant Manager, if applicable. The Grantee shall perform technical review audits according to Attachment E(5b). Deliverable #2a : Draft QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request,the Grantee will provide a paper copy of the Draft QAPP to the Department's cu Grant Manager. 15 4- 0 Performance Standard: The Department's Grant Manager will ensure review of the draft QAPP for compliance with this Agreement and the quality assurance requirements, to ensure sufficient monitoring is planned to measure project effectiveness, and provide comments to the Grantee as needed prior to Final QAPP submittal. U) 0 Deliverable #2b Final Department-approved QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request, the Grantee will provide a paper copy of the Final QAPP to the Department's Grant Manager. Performance Standard: The Department's Grant manager will review the Final QAPP to ensure that draft comments have been incorporated and the Final QAPP is in compliance with this Agreement and the quality assurance requirements. Upon review and written approval by the Department's Grant Manager of the Final QAPP,the Grantee may proceed with payment request submittal. Deliverable #2c : The Grantee shall provide a summary of their technical review audits following Attachment E(5b). These audits shall be performed initially, within 30 days after the first sampling .� event, and quarterly until Task 2 is completed. 00 CD CD Performance Standard: The Department's Grant manager will review the technical review audits to ensure monitoring is performed according to the QAPP. 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: Allowable budget categories and costs for this task include contract services _ ($8,340 DEP and 50%match of$8,340 from Monroe Co. for total of$16,680) Task Start and End Dates: Deliverable 2a:Before November 1, 2018,Deliverable 2b:No later than 30 days before first sampling event,Deliverable 2c: Within 30 days after first sampling event and then .. quarterly(within 30-days after sampling events each quarter)until Task 3 is completed. Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the task end date. Attachment 3,DEP Agreement#:MN008 4of10 Rev.2/13/2018 Packet Pg. 2347 0.10.b Task 93: Monitoring Task Description: The Grantee will conduct monitoring in accordance with the Department- approved QAPP for this project (see Task #2. Comprehensive monitoring will be performed to evaluate FKRAD nutrient compliance and support the Department's Impaired Waters assessments. Samples will be collected for total Kjehldahl nitrogen, nitrate+nitrite, total phosphorus, and chlorophyll-a; and field measurements taken for dissolved oxygen (percent saturation), pH, specific conductance, and water temperature. The monitoring will consist of collecting an estimated 252 samples at 63 stations with 4 samples collected at each station in a calendar year for two consecutive years, and at least one sample collected between May 1 and September 30 and at least one sample collected during the other months of the calendar year. Sampling procedures and methods should comply with DEP SOPS and laboratory method detection limits should be 2 comparable to those in Table 1 below. Training on DEP SOPs will be provided prior to any sampling A 4- and must be attended by every person who will be collecting samples as part of this agreement. Deliverable 3a: A summary of the samples collected and delivered to the lab for analysis. Summary of completed monitoring activities (dates completed,sampling conducted and any not conducted and why, monitoring results along with interpretation of those results (as expected or not as expectedsubmitted U) electronically, along with the draft or final (when submitting final request laboratory report and sampling logs(must also have field and weather datato the Department's Grant Manager. Upon request, the Grantee will provide a paper copy or copies to the Department's Grant Manager. These deliverables must be submitted 30 days prior to each payment request and may be submitted no more frequently than quarterly(on the 15th day of the month). a Performance Standard: The Department's Grant Manager will review the monitoring results for completion and compliance with QAPP requirements. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with uploading data to WIN and payment request submittal. Deliverable 3b: Laboratory and field sampling results data loaded to the DEP Watershed Information 00 Network database. Data collected each quarter will be loaded to WIN by the end of the subsequent quarter (example: data collected in the first quarter will be loaded to WIN by the end of the second quarter). Performance Standard: The Department's Grant Manager will review the monitoring results for completion and compliance with QAPP requirements. Upon review and written acceptance by the Department's Grant Manager ofall deliverables under this task, the Grantee may proceed with uploading data to WIN and payment request submittal. Additional Financial Consequences: Costs for any monitoring that is not completed as outlined in the Department-approved QAPP may be discounted if included in the payment request. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per quarter. The outlined Deliverable(s must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. Task Budget: Allowable budget categories and costs for this task include contract services ($139,894 DEP and 50%match of$139,894 from Monroe Co. for total of$279,788) Task Start and End Dates: Start no later than March 1,2019 to catch the first quarter of 2019, end by December 30, 2021. Deliverable Due Date: Deliverable 3: due by January 31,2021, but can be submitted more frequently. Attachment 3,DEP Agreement#:MN008 Rev.2/13/2018 5 of 10 Packet Pg. 2348 0.10.b Table 1. List of Water Quality Parameters for Near Shore Monitoring 11etho d Detection Parameter: Sample Type Description Anal-fte Method Limit Nitrite-,Nitrate in aqueous PTO, Water Grab matrices as mg/L as N EPA 353.2 Rev. 2.0 0.004 nig.IL U) M Total Phosphorus in aqueous TP Water Grab matrices as mg/L as P EPA 365.1 Rev_2.0 0,002-,Lg/L 4- Total;Kjeldahl Nitrogen in CD TICK Water Grab aqueous matrices as mg/L as N EPA 351.2 Rev-2.0 0.08 ni(2/L ° cos U) Phytoplanl.ton chlorophyll-a (corrected for phaeophytin)and Chlorophyll a Water Grab phaeophytin by spectrophotometry, SIvI 10200 H(mad-)) <1.0 ua/L Dissolved oxygen(DO) y Dissolved Field concentration in water measured 0XA7gen Measurement by field meter Discrete Measurement Not applicable Discrete Measurement 0 C 0 Percent DO Field Percent DO saturation in water Saturation Measurement measured by field meter Not applicable Discrete Measurement Field pH level in water measured by 00 pH NMeasurement field meter Not applicable Discrete Measurement C Specific Field Specific conductance of water Conductance Measurement measured by field meter Not applicable Discrete Measurement I ater Field Water temperature measured by ®_ Temperature Measurement field meter Not applicable C 4) Attachment 3,DEP Agreement#:MN008 6of10 Rev.2/13/2018 Packet Pg. 2349 O.10.b Task#4 : Final Report Task Description: The Grantee will prepare a Final Report summarizing the results of the project, including all tasks in the Grant Work Plan. The Final Report must include at a minimum: ■ Project location and background, project description and timeline, grant award amount and anticipated benefits. ■ Financial summary of actual costs versus the budget, along with any changes required to the budget. Include any match or locally pledged contributions provided, along with other related project work performed outside of this Agreement to identify the overall project cost. ■ Discussion of project schedule versus actual completion, including changes required to 2 the schedule, unexpected site conditions and adjustments, significant unexpected delays and corrections, and/or other significant deviations from the original project plan. ° ■ Summary of data entry activities completed as well as those not completed and why ■ GIS files, maps, appropriate figures (site location, site plan[s]. etc.), appropriate tables 0 summarizing data/information relevant to Grant Work Plan tasks, and appropriate attachments relevant to the project. ■ Summary of monitoring activities completed and any not completed and why, monitoring _ results, and an interpretation of data based on planned versus realized results. Deliverable #4a : An electronic copy of the draft Final Report in Word format submitted to the Department's Grant Manager for review prior to submission of the Final Report. Upon request, the Grantee will provide a paper copy of the draft Final Report. 00 CD CD x 4i C 0 Attachment 3,DEP Agreement#:MN008 7of10 Rev.2/13/2018 Packet Pg. 2350 0.10.b Performance Standard: The Department's Grant Manager will review the submitted draft Final Report to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation into the Final Report. Deliverable#4b : An electronic copy of the Final Report,with all suggested changes incorporated, in Word or PDF format submitted to the Department's Grant Manager for review and approval. Upon request,the Grantee will provide a paper copy of the Final Report. Performance Standard: Upon review and written approval by the Department's Grant Manager of the Final Report,the Grantee may proceed with payment request submittal for this task. t� 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. 0 Task Budget: Allowable budget categories and costs for this task include contract services 2 ($23,090 DEP and 50%match of$23,090 from Monroe Co.for total of$46,180) Task Start and End Dates: Task must be completed by May 1, 2021 a Deliverable Due Date: Deliverable 4a: due March 1,2021;Deliverable 4b: due May 1,2021 U) 0 0 PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables must be received by the designated due date. a a 0 00 CD CD Task/ Deliverable Deliverable Task Start Task End Due Date/ E No. Task or Deliverable Title Date Date Frequency 1 DEP Water Quality Monitoring Training Before Oct.31,2018 Oct.31,2018 One time 2 Quality Assurance Project Plan Before Nov.1,2018 30 days before first One time samplingevent 2a Draft QAPP Before Nov. 1,2018 One time Attachment 3,DEP Agreement#:MN008 8of10 Rev.2/13/2018 Packet Pg. 2351 0.10.b 2b Final QAPP 30-days before ft st sampling event One time 2c Technical review audits following within 30 days after Attachment E 5b first sampling event Quarterly 3 Monitoring 1/31/2021 3a Monitoring progress reports within 30 days after ei ch sampling event Quarterly 3 b by the end of subsequ nt quarter after Data uploads to WIN Quarterly sampling 4 Final Report 05/01/2021 One time 4a Draft Final Report 03/01/2021 One time I. 4b Final Report 05/01/2021 One time a t) 0 0 a a 0 00 CD CD BUDGET DETAIL BY TASK: Task BadgeUGrant Badget.Match;; Total Project Budget.Category No.,.,, Funding Funding Funding 1 Contractual Services $9,035 $9,035 $18,070 Total for Task $9 035 . $9,035 $18 670 .. 2 Contractual Services $8,340 $8,340 $16 680 Total for Task $8,340 $8,340 $16,680 Contractual Services $139,894 $139,894 $139,894 6�i plc 0 3 Total for Task $139,894 $139,894 $139,894 f> 4 -i�c,f Contractual Services $23,090 $23,090 $46,180 Total for Task . $23,090 . $23,090 $46180 Total: $180,359 $180,359 $360 718 a,�t-ly u Percentage Match: 50% 50% Attachment 3,DEP Agreement#:MN008 9of10 Rev.2/13/2018 Packet Pg. 2352 0.10.b REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 0 A 4- 0 a U) 0 0 a C 0 C 4i C 0 Attachment 3,DEP Agreement#: MN008 10 of 10 Rev.2/13/2018 Packet Pg. 2353 0.10.b DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records a. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the Department in its performance of services under the Agreement, the 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 the Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt 2 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 the 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 the Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply: a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request,provide the 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 the 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 00 Public Records to the Department. CD e. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in possession of the contractor or keep and maintain Public Records required by the Department to perform the service. If the contractor transfers all Public Records to the 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 the Department, upon request from the Department's custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the 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 Rev.2/13/2018 Attachment 4 1 of 2 Packet Pg. 2354 0.10.b CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@de-p.state.fl.us Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 2 4- 0 a 0 0 a a 0 x Rev.2/13/2018 Attachment 4 2 of 2 Packet Pg. 2355 0.10.b ATTACHMENT 5 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", "DEP", "FDEP" or "Grantor", or other 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 M 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 reci recipient agrees to comply with an additional instructions provided b the P� P� g P Y Y P Y 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. U) 0 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). 0 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, .d Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of 00 CD Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year, CD 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.cfda.gov Attachment 5 1 of 5 Rev.2/13/2018 Packet Pg. 2356 0.10.b 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 U) 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 M 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 E not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. CD 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 M 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. g, 0 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). 0 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:Happs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.lea.state.fl.us/Welcome/index.cfin, State of Florida's website at 00 http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the CD Auditor General's Website at http://www.myflorida.com/audgen/. 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 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 2 of 5 Rev.2/13/2018 Packet Pg. 2357 0.10.b 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 cas Electronically: FDEPSingleAudit n,dep.state.fl.us 0 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR E §200.501(a)(the number of copies required by Sections .320(d)(1)and(2),OMB Circular A-133, U) as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: a Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street U) Jeffersonville,IN 47132 0 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.Qov/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. 0 2. Pursuant to Section.320(f), OMB Circular A-]33,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: 00 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 Attachment 5 3 of 5 Rev.2/13/2018 Packet Pg. 2358 0.10.b Electronically: FDEPSinaleAudit@dep.state.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 U) 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 M addresses: 5 By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 U Electronically: FDEPSin.gleAudit@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 00 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 Attachment 5 4 of 5 Rev.2/13/2018 Packet Pg. 2359 0.10.b EXHIBIT—1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category 66.454LPA 66.454 Water Quality Management Planning,GAA 1633,2017-2018 $128 281 140076 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category a 0 State Resources Awarded to the Recipient Pursuant to this A reement 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 37.039 GAA 1624 General Revenue 2017 Statewide Surface Water Restoration and $2 081 088964 Wastewater 888 Total Award $260,724 l For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [www.efda.gov]and/or the Florida Catalog of State Financial Assistance(CSFA) lhttps:tLapps.fldfs.com/fsaatsearchCataloiz.asi) . 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. cm 0 a Attachment 5 5 of 5 Ree.2/1 312 01 8 00 X 4i Packet Pg. 2360 0.10.b Attachment 7 C6-00476018-0 Page 1 GRANT NUMBER(FAIN): 00476018 o�,�EDStq'S, V.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD PROGRAM CODE: C6 12/21/2017 ' ,/ PROTECTION'AGENCY TYPE OF ACTION MAILING DATE c New 12/28/2017 t AAUP" Grant Agreement PPAAPENT METHOD: ACH# 40199 RECIPIENT TYPE: Send Payment Request to: State Las Vegas Finance Center uy RECIPIENT: PAYEE:, iD FL Dept of Environmental Protection FL Dept of Environmental Protection 2600 Blair Stone Road 2600 Blair Stone Road Tallahassee,FL 32399-2400 Tallahassee,FL 32399-2400 EIN: 59-6007353 M PROJECT'MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST U; ' Jessica Madden Tina Lamar Sharonita Johnson O 2600 Blair Stone Road 61 Forsyth Street Grants and Audit Management Section Tallahassee,FL 32399-2400 Atlanta,GA 30303-8960 E-Mail: johnson•sharonita@epa.gov r E-Mall: jessica.s.madden@dep.state.11.us E-Mall: Iamar.tina@epa.gov Phone:404-562-8311 Phone:850-245-8342, Phone:404-562-9323 PROJECT TITLE AND DESCRIPTION Water Quality Management Planning U O This action approves a new award in the amount of$200,000 to the Florida Department of Environmental Protection for facilitation support in the development, implementation,and tracking of:(1.)Basin Management Action Plans(BMAPs),(2.)Subcategory 4b(Reasonable Assurance(RA)]and 4e(Pollutant Reduction)Plans,and(3.)Class III-Limited Petitions.Each of these three project goals involves working closely with stakeholders or representatives from: local,state,and regional governmental entities;advisory groups;advocacy groups;private enterprises;the general public;and others affected by these i activities.The recipient will provide 40%of this award to regional or interstate watershed management planning agencies for the development and ® j implementation of water quality management plans. a O BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2017 - 09/30l2019 10/01/2017 - 09/30/2019 $452,000.00 $452,000.00 O NOTICE OF AWARD Based on your Application dated 08/01/2017 including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA)hereby awards$200,000.EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding 00 total federal funding of$200,000. Recipient's signature is not required on this agreement. The recipient demonstrates Its commitment to carry out this award CD by either:1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date.In case of disagreement,and until the disagreement Is resolved,the recipient should not draw down on the funds provided by this award/amendment,and any costs incurred by the recipient are at its own risk. This agreement Is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ILE ORGANIZATION!ADDRESS ORGANIZATION/ADDRESS U.S.EPA,Region 4 61 Forsyth Street Water Protection Division Atlanta,GA 30303-8960 61 Forsyth Street Atlanta,GA 30303-8960 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Keva R.Lloyd-Grants Management Officer DATE .. 12/21/2017 i . I i I I f i Attachment 7 pg. 1 of 9 f I Packet Pg. 2361 0.10.b i t i EPA Funding Information C6-00476018-0 Page2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL , EPA Amount This Action $ $200,000 $200,000 i EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 � Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 tc . State Contribution $ $ $0 i Local Contribution $ $ $0 O ac I Other Contribution $ $ $0 I Allowable Project Cost $0 $200,000 $200,000 I a� f Assistance Program(CFDA) Statutory Authority Regulatory Authority 68.454-Water Quality Management Planning Clean Water Act:Secs.2050)(1)&(2) 2 CFR 200 2 CFR 1500 U 40 CFR 33 and 40 CFR 35 Subpart A L O 4- 0 O ! Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation 1804VX8017 18 E2 04V2 00DB80 4111 18ce 200,00 00 tm CY ac ; j 200,000 ! i Attachment 7 pg.2 of 9 I Packet Pg. 2362 0.10.b Bud et Summary Page:FDEP FY 2018 WQMP C6-00476018-0 Page 3 Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1.Personnel $0 2.Fringe Benefits $0 3.Travel $0 4.Equipment $0 S.Supplies $0 ' 6.Contractual $271,200 fU) 7.Construction �¢ 8.Other $180,800 9.Total Direct Charges $452,000 10.Indirect Costs: % Base $0 A E 11.Total(Share: Recipient % Federal 100.00%.) $452,000 -`? M 12.Total Approved Assistance Amount $425,000 (,Q i 13.Program Income $0cm I 14.Total EPA Amount Awarded This Actlon $200,000 15.Total EPA Amount Awarded To Date $200,000 { U) i O 4- 0 ° C i 00 CD CD 4tj I i r 4tj i i f Attachment 7 pg.3 of 9 Packet Pg. 2363 0.10.b C6-00476018-0 Page 4 Administrative Conditions GENERAL TERMS AND CONDITIONS The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-2-2017-or-later. These terms and conditions are in addition to the assurances and certifications made as a part of (n JA the award and the terms,conditions,or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at http://www.epa.gov/grants/grant-terms-and-conditions.The applicable terms and conditions 0 below are in addition to the general terms and conditions noted above: 4- 1. ANNUAL FFR INTERIM PURSUANT TO 2 CFR 200.327 Pursuant to 2 CFR 200.327, EPA recipients shall submit an interim annual Federal Financial Report(FFR, SF-425)to EPA no later than 90 calendar days following the �s anniversary of the award date. The form is available on the internet at: http://www2.epa.gov/financial/forms. The following reporting period end dates shall be used for interim annual reports: 3/31, ' 6/30,9/30, or 12/31. ° At the end of the project,the recipient must submit a final FFR to EPA no later than 90 0 calendar days after the end of the project period.The form is available on the internet at: http://www2.epa.gov/financial/forms.All FFRs must be submitted to the Las Vegas Finance Center(LVFC) via email LVFC-grants@epa. 00 2. UTILIZATION OF SMALL,MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE,40 CFR,Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise(DBE)Program for procurement activities under assistance agreements,contained in 40 CFR,Part 33. 2 i MBE/WBE REPORTING,40 CFR,Part 33,Subpart E MBE/WBE reporting is required in annual reports.Reporting is required for assistance 0 agreements where there are funds budgeted for procuring construction,equipment, services and supplies,including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the"Other"category that:exceed the threshold amount of$150,000, including amendments and/or modifications. Attachment 7 pg.4 of 9 Packet Pg. 2364 Based on EPA's review of the planned budget,this award meets the conditions above and is subject to the Disadvantaged Business Enterprise(DBE)Program reporting requirements. However,if recipient believes this award does not meet these conditions,it must provide the ; Regional MBE/WBE Coordinator with a justification and budget detail within 21 days of the award date clearly demonstrating that,based on the planned budget, this award is not subject to the DBE reporting requirements. The recipient agrees to complete and submit a"MBE/WBE Utilization Under Federal Grants, Y Cooperative Agreements and Interagency Agreements"report(EPA Form 5700-52A) on an annual basis.All procurement actions are reportable,not just that portion which exceeds $150,000. ® i When completing the annual report,recipients are instructed to check the box titled"annual"in 01 section 1B of the form.For the final report,recipients are instructed to check the box indicated for the"last report" of the project in section I of the form.Annual reports are due by October `' of each year.Final reports are due by October 30"` 30 or 90 days after the end of the project (n period, whichever comes first. The reporting requirement is based on total procurements. Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned i procurements take place during the reporting period or not.If no budgeted procurements take place during the reporting period,the recipient should check the box in section 5B when completing the form. MBE/WBE reports should be sent to: Mepagrantsmbewbereportin e a. ov cc: johnson.sharonita@epa.gov Attn: Sharonita Johnson 00 The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Ql Home Page at littp://www.epa.gov/osbl)/dbe reporting.litin This provision represents an approved deviation from the MBE/WBE reporting requirements as M- I described in 40 CFR, Pail 33, Section 33.502;however,the other requirements outlined in.40 IL CFR Part 33 remain in effect,including the Good Faith Effort requirements as described in 40 CFR Part 33 Subpart C,and Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below. i FAIR SHARE OBJECTIVES,40 CFR,Part 33,Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee,fair share objectives for MBE and WBE participation in procurement under the financial assistance 0 agreements. cu : In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives requirements described in 40 CFR,Part 33, Subpart D. Recipients should work with their DBE coordinator,if they think their organization may qualify for an exemption. I i Attachment 7 pg.5 of 9 Packet Pg. 2365 • i I I Current Fair Share Objective/Goal The dollar amount of this assistance agreement or the total dollar Amount of all of the recipient's financial assistance agreements in the current federal fiscal year from EPA is$250,000, or more. The FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION has negotiated the following, applicable MBE/WBE fair share objectives/goals with EPA as follows: i I Combined MBE/WBE(DBE): Includes Construction, Equipment, Services and Supplies 10% 0 Negotiating Fair Share Objectives/Goals E In accordance with 40 CFR,Part 33, Subpart D,established goals/objectives remain in effect for three fiscal years unless there are significant changes to the data supporting the fair share objectives.The recipient is required to follow requirements as outlined in 40 CFR Part 33, Subpart D when renegotiating the fair share objectives/goals. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The i recipient agrees to submit proposed fair share objectives/goals,together with the supporting availability analysis or disparity study,to the Regional MBE/WBE Coordinator within 120 days I of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission.If proposed fair share objective/goals are not received within the 120-day time frame,the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. 0 SIX GOOD FAITH EFFORTS,40 CFR,Part 33,Subpart C Pursuant to 40 CFR,.Section 33.301,the recipient agrees to make the following good faith efforts 00 whenever procuring construction,equipment,services and supplies under an EPA financial assistance agreement, and to require that sub-recipients,loan recipients,and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a)Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities.For Indian Tribal, State and Local and Government recipients,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b)Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit,in a way that encourages and facilitates participation by DBEs in the competitive process. This includes,whenever possible,posting solicitations for bids or proposals for a c minimum of 30 calendar days before the bid or proposal closing date. I (c)Consider in the contracting process whether firms competing for large contracts could j subcontract with DBEs. For Indian Tribal,State and local Government recipients,this Attachment 7 pg.6 of 9 i Packet Pg. 2366 O.10.b i will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d)Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e)Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. U M . (f)If the prime contractor awards subcontracts,require the prime contractor to take the steps in paragraphs(a)through(e)of this section. E CONTRACT ADMINISTRATION PROVISIONS,40 CFR,Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST,40 CFR,Section 33.501(b)and(c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree t 3 to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b)and(c)for specific requirements and exemptions. .t Programmatic Conditions 1. Reuortim Requirements: To meet reporting requirements under 2 CFR 00.328(b)(2)(i) 00 CD CD "The final performance report will be due 90 calendar days after the period of performance end date". Therefore,the grantee will submit a final progress report on progress in implementing FY 2018 Section 604 workplan activities on December 31, 2018 to the Project Officer'. The annual progress reports are due no later December 31,2018. Annual Progress report content shall include: 1. comparison of actual accomplishments to the objectives/tasks ithin the workplan;2.reasons or justifications why established goals/tasks were not met; and 3. significant developments which may have impacted;therefore,causing delays or issues in meeting tasks within the workplan. 2. Quality Management Plan:the grantee is in compliance with its approved Quality E Management Plan,prior to collection of water quality data must approve a Quality Assurance Project Plan. 3. Ouality Assurance PrQiect Plan: If applicable,by March 1,2018 the grantee will submit to the EPA Project Officer a copy of all revisions to its Clean Water Act(CWA) Attachment 7 pg.7 of 9 Packet Pg. 2367 0.10.b I� IfI I Section 604(b)programmatic Quality Assurance Project Plan(QAPP).If there are no j changes to the CWA Section 604(b)programmatic QAPP, the grantee will submit confirmation by March 1, 2018 to the EPA Project Officer. The QAPP should be consistent with the specifications of the EPA Quality System Document EPA Requirements for Quality Assurance Project Plans, EPA QA/7?-5. This document can be found at http://www.epa.gov/quality/gapps.html. cis i U) 4. Pass-through Certification: Per the August 19, 1987, Guidance for Management of � Section 205(j)(1)and Section 604(b)Fund , and supported by 40 CFR §31.42,Access Requirements for-Record as it pertains to the 40%pass through of the 604(b)grant, grantees are required to provide the EPA Project Officer with copies of the 604(b) Program binding written agreements (contracts)with the RPCPOs/JOs within 10 days after they have been signed by the State and the RPCPOs/IOs. In lieu of submitting. Copies of the contracts to EPA Region 4,the States will certify,using a form letter provided by the Region,that the pass through requirements have been met as detailed in cis the 604(b)workplan, and that copies of relevant contracts and supporting documentation are maintained at the state offices and are available for review by EPA,or that a waiver of the pass through requirement was requested and approved. The certification will be submitted with the annual report and is due by December 31,2017. 5. State Grant Cybersecurity Condition a 0 (a)The recipient agrees that when collecting and managing environmental data under this assistance agreement,it will protect the data by following all applicable State law o cybersecurity requirements. (b) (1)EPA must ensure that any connections between the recipient's network or 00 information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section,a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory,user-controlled connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data Exchange,the recipient agrees to contact the EPA Project Officer(PO) and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data. (2)The recipient agrees that any subawards it makes under this agreement will require the Attachment 7 pg.8 of 9 Packet Pg. 2368 0.10.b i i I subrecipient to comply with the requirements in(b)(1)if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements;and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d),by inquiring whether the subrecipient '. has contacted the EPA Project Officer. Nothing in this condition requires the recipient to (n contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. 7. Geospatial Data Standards o E All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.fgdc.gov. a a . 7. Competency of Organizations Generating Environmental Measurement Data: If U ` applicable to this grant,in accordance with Agency Policy Directive Number FEM-2012- o 02,Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements,Recipient.agrees,by entering into this agreement,that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable, Recipient agrees to demonstrate competency prior to carrying out any activities under the ' a award involving the generation or use of environmental data. Recipient shall maintain competency for the duration of the project period of this agreement. A copy of the Policy is available online at htt :/p /www.epa.gov/fem/pdfs/competency-policy-aaia-new.pdf or a copy may also be requested by contacting the EPA project officer for this award. 00 8. Subaward: The recipient must report on its subaward monitoring activities under 2 CFR 200.331(d). Examples of items that must be reported if the pass-through entity has the information available are: 1. Summaries of results of reviews of financial and programmatic reports. 2. Summaries of findings from site visits and/or desk reviews to ensure effective 91 subrecipient.performance. 3. Environmental results the subrecipient achieved. 4. Summaries of audit findings and related pass-through entity management decisions. 5.Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR 200.331(e),2 CFR 200.207 and the 2 CFR Part 200.338 Remedies for Noncompliance. 9. Technical Officer:The Technical Officer/Reviewer assigned to this grant is Caroline Ejimofor-404-562-9309-ejimofor.caroline@epa.gov.The workplan is conditional pending EPA Technical Officer's review,negotiations,and final approval of the workplan and pass-through j i i Attachment 7 pg.9 of 9 Packet Pg. 2369 0.10.b ATTACHMENT 8 Contract Provisions for EPA-Funded Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee,the term"Recipient'shall mean"Grantee." Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to f!5 all lower tier subrecipients,and to comply with the provisions of the award, including applicable provisions ?� of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the 2 subrecipients shall assume the role of the Recipient. A 4- 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative.Contractual,and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the t/s terms and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable U) to this Contract,the Non-Federal Entity may take one or more of the following actions. i. Temporarily withhold payments pending correction of the deficiency by the Recipient. ii. Disallow(that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. iii. Wholly or partly suspend or terminate this Contract. iv. Take other remedies that may be legally available. The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund,either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience 00 Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract'as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment IL because of race,color,religion,sex,sexual orientation,gender identity,or national origin. The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color,religion, sex,sexual orientation,gender identity,or national origin. Such action shall include,but not be limited to the following: a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. 0 ii. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired Attachment 8 1 of 7 Rev.2/23/18 Packet Pg. 2370 0.10.b about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with the Recipient's legal duty to furnish information. U) iv. The Recipient will send to each labor union or representative of workers with which he has a M collective bargaining agreement or other Agreement or understanding,a notice to be provided M advising the said labor union or workers'representatives of the Recipient's commitments under this section,and shall post copies of the notice in conspicuous places available M to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations, and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or M pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain U) compliance with such rules,regulations,and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section .� 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding 00 upon each subcontractor or vendor.The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient,and if required by the Federal Legislation,the Recipient 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 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 pay wages not less than once a week. The Recipient must 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").The Act provides that each Recipient or subrecipient must be 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. 5. Contract Work Hours and Safety Standards Act Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or laborers,the Recipient must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C. 3702 of the Act,each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not Attachment 8 2 of 7 Rev.2/23/18 Packet Pg. 2371 0.10.b 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. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non- Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit U) organization regarding the substitution of parties,assignment or performance of experimental, developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 7. Clean Air Act(42 U.S.C.7401-7671n.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387) If the Agreement is in excess of$150,000,the Recipient shall 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). U) 8. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not 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." 9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. If applicable,the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award,using form SF-LLL,available at: https://apply07.grants.gov/apply/forms/sample/SFLLL 1 2 P-V1.2.pdf. 00 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. ADMINISTRATIVE 11. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et sequence. 12. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations,which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: i.Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii.Procure a commercial sex act during the period of time that the award is in effect;or iii.Use forced labor in the performance of the award or subawards under the award. 14.Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L.93-234) Recipients must comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234),if applicable. This act requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 15.Water Resources Reform and Development Act(WRRDA)Y.L. 113-121 Attachment 8 3 of 7 Rev.2/23/18 Packet Pg. 2372 0.10.b Recipients must comply with the Water Resources Reform and Development Act(WRRDA)P.L. 113-121, if applicable. This act provides for improvements to the rivers and harbors of the United States,to provide for the conservation and development of water and related resources. 16.Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the U) simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot M program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by M section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. (c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award;best efforts should be made to include this clause, including this paragraph(c)in any subawards and contracts awarded prior to the effective date of this provision. 17.Notification of Termination(2 CFR$200.340) t3 In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system, accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS). The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination; 18.Additional Lobbying Requirements (a) The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. 00 (b) The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4)of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. (c) Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. COMPLIANCE WITH ASSURANCES 19.Assurances Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. 20.Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms Recipients shall take all affirmative steps necessary to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible, including those steps listed in 2 CFR 200.321(b). Attachment 8 4of7 Rev.2/23/18 Packet Pg. 2373 0.10.b ENVIRONMENTAL PROTECTION AGENCY-SPECIFIC 21.EPA General Terms and Conditions (for purposes of compliance within the EPA General Terms and Conditions only. "Recipient"refers to the Department and "Subrecipient"refers to the Grantee). Recipients and subrecipients shall comply with EPA General Terms and Conditions applicable to the specific Federal Award funding source, available at https://www.epa.�Zov/grants/grant-terms-and-conditions, and incorporated by reference. 22.EPA's Prohibition on Paving Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term"management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business U) expenses, unforeseen liabilities, or for other similar costs which are not allowable under this Agreement. M Management fees or similar charges may not be used to improve or expand the Project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the work identified in the Grant Work Plan. 23.EPA Cybersecurity Conditions Recipients shall comply with the EPA Grant Cyber Security Conditions located at https://www.epa.eov/grants/state- rant-eybersecurity-condition,last amended July 6,2015. 24.Environmental Justice Guidance under the National Environmental Policy Act(42 U.S.C.4321) Recipients shall comply with the Environmental Justice Guidance under the National Environmental Policy Act (42 U.S.C. 4321). This act relates to the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation, and U) enforcement of environmental laws,regulations and policies. 25. EPA Regulations Recipients shall comply with the following regulations: 40 CFR 4, 40 CFR 12,40 CFR 12,40 CFR 29,40 CFR 33.302,40 CFR 33.501(b)and(c),40 CFR 34,40 CFR 35,2 CFR 1500,and 2 CFR 1532. 26.Drug-Free Workplace Recipients must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the Recipients must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. 27.EPA's Program for Utilization of Small,Minority,and Women's Business Enterprises. Acceptance of the funds awarded under this Agreement requires general compliance with the EPA's Disadvantaged Business Enterprise (DBE) Program pursuant to 40 CFR, Part 33. Recipients shall not .d discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. 00 Recipients shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts and/or subcontracts awarded under EPA financial assistance agreements.Failure by the Recipient to carry out these requirements is a material breach of this Agreement which may result in the termination of this Agreement or other legally available remedies. Based on the amount awarded to the Department under the original Federal funding source for this Agreement,Recipients are subject to the reporting requirements of the EPA's DBE Program.Recipients must complete and submit a "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" report (EPA Form 5700-52A) with the applicable required Payment Request Form(s). x The current EPA Form 5700-52A is included as an Exhibit to this Attachment,but it is also available from the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe reporting htm. The Department has negotiated its current"Fair Share"objective and goals with the EPA,which are listed in Attachment 7, Grant Award Terns. However, if the Grantee does not want to rely on the applicable Department's MBE/WBE goals, the Grantee may contact the Department to coordinate the proposal of alternate MBE/WBE goals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction,services,supplies and equipment. 28. American Iron and Steel(Compliance with P.L. 113-76) Recipients shall comply with the Consolidated Appropriations Act of 2014 (Public Law 113-76), if applicable. This act includes an American Iron and Steel(AIS)requirement,if applicable.Clean Water State Attachment 8 5 of 7 Rev.2/23/18 Packet Pg. 2374 0.10.b Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) assistance recipients are required to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works and if the project is funded through an assistance agreement executed beginning January 17,2014(enactment of the Act). The appropriation language sets forth certain circumstances under which EPA may waive AIS requirements. Furthermore,the act exempts projects where engineering specifications and plans were approved by a state agency prior to January 17,2014. §319(h)funded projects are excluded from this provision. M 29.Geospatial Data Standards Recipients must meet the EPA Geospatial Data Standards. All geospatial data created must be consistent U) with Federal Geographic Data Committee endorsed standards. Information on these standards can be found M at www.fgdc.gov. 30.Signage Required Term and Condition a. Signage Requirements M The Recipient is required to place a sign at construction sites supported under this award displaying the EPA logo in a manner that informs the public that the project is funded in part or wholly by the EPA.The sign must be placed in a visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. Recipients are required to comply with the sign specifications provided by the EPA Office of Public Affairs (OPA)available at:https://www.epa.gov/grants/epa-logo-seal-specifications-signage-produced-epa- assistance-agreement-recipients.If the EPA logo is displayed along with the logos of other participating U) 0 entities,the EPA logo must not be displayed in a manner that implies that EPA itself is conducting the t3 project.In the EPA logo must be accompanied with a statement indicating that the recipient received financial assistance from EPA for the project.As provided in the sign specifications from OPA,the EPA logo is the preferred identifier for assistance agreement projects and use of the EPA seal requires prior approval from the EPA.To obtain the appropriate EPA logo or seal graphic file,the recipient should send a request directly to OPA and include the EPA Project Officer in the communication.Instructions for contacting OPA is available on the Using the EPA Seal and Logo page. Consistent with section 6002 of RCRA,42 U.S.C. 6962,and 2 CFR 200.322,recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the EPA .d logo or seal)into the appropriate non-English language(s).The costs of such translation are allowable, 00 provided the costs are reasonable. b. Public or Media Events The Recipient agrees to notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to construction projects as a result of this agreement,and provide the opportunity for attendance and participation by federal representatives with at least ten(10)working days' notice. CLEAN WATER ACT SECTION 319 NON-POINT SOURCE ASSISTANCE AGREEMENTS- SPECIFIC 3I.Non-Point Source Assistance Agreement Terms and Conditions Recipients shall comply with the Clean Water Act Section 319 Non-Point Source Assistance Agreements ®_ Public Awareness Terms and Conditions Effective October 1,2014(PDF). 32.Operation and Maintenance For Projects funded by EPA §319(h) funds, Recipients will assure the continued proper operation and maintenance of all nonpoint source management practices that have been implemented for Projects funded under this Agreement. Such practices shall be operated and maintained for the expected lifespan of the specific practice and in accordance with commonly accepted standards. Likewise,the Recipient will assure that similar provisions are included in any sub-agreements that are awarded. 33.Nutrient Management Plans for Animal Feeding Operations Recipients shall comply with the Nutrient Management Plans for Animal Feeding Operations as required under this Grant and must have and implement a nutrient management plan that: 1)provides and maintains buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of confined animals with waters of the United States; 4) addresses animal mortality; 5) addresses chemical disposal; 6) addresses Attachment 8 6 of 7 Rev.2/23/18 Packet Pg. 2375 0.10.b proper operation and maintenance; 7) addresses record keeping and testing; 8) maintains proper storage capacity;and,9)addresses rate and timing of land application of manure and wastewater. FLORIDA RURAL WATER ASSOCIATION TECHNICAL ASSISTANCE AND TRAINING GRANT AGREEMENT-SPECIFIC 34.Green Infrastructure Policy Recipients shall comply with the EPA's Green Infrastructure Policy(established by the American Recovery and Reinvestment Act) for the Clean Water State Revolving Fund Program, if applicable. This policy provides guidance and a best practices guide for funding green infrastructure in the CWSRF program. 35.Clean Water State Revolving Fund en Recipients shall comply with the Clean Water State Revolving Fund Regulations(Title VI of the Clean Water M Act, 40 CFR Part 35), if applicable. These regulations provide all applicable requirements of the EPA regulations and rules and procedures prescribed under the Clean Water State Revolving Funds Regulations. 36.Drinkin.g Water State Revolving Fund Regulations Recipients shall comply with the Drinking Water State Revolving Fund Regulations(40 CFR Part 35 Subpart L), if applicable. These regulations provide details on the requirements and functions of the Drinking Water State Revolving Fund,authorized under the Safe Drinking Water Act. a cas REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 0 a 0 a 0 00 Attachment 8 7of7 Rev.2/23/18 Packet Pg. 2376 0.10.b OMB CONTROL NO. 0- d 0 EXHIBIT 1 APPROVED: 06/30/2014 APPROVAL EXPIRES: 06/30/201 U.S. ENVIRONMENTAL PROTECTION AGENCY MBE/WBE UTILIZATION UNDER FEDERAL GRANTS AND COOPERATIVE AGREEMENTS --_..__ .___.._. -_. __ -.-- __--_--_.._ _w..-- ___.. -- _ -- ----_-_.__ - FOR COOPERATIVE AGREEMENTS OR OTHER FEDERAL FINANCIAL ASSISTANCE WHERE THE COMBINED TOTAL OF FUNDS BUDGETED FOR PROCURING SUPPLIES, j EQUIPMENT,CONSTRUCTION OR SERVICES EXCEED$150,000. f PART 1:PLEASE REVIEW INSTRUCTIONS BEFORE COMPLETING 1A.FEDERAL FISCAL YEAR(Oct 1-Sep 30) 1B.REPORT TYPE 20 Annual Last Report(Project completed) 1C:REVISION OF A PRIOR YEAR REPORT? ❑No ❑Yes,Year IF YES,BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: E A 4- 0 2A.EPA FINANCIAL ASSISTANCE OFFICE ADDRESS(ATTN:DBE COORDINATOR) 3A.RECIPIENT NAME AND ADDRESS a f!5 U) 2B.EPA DBE COORDINATOR 3B.RECIPIENT REPORTING CONTACT f.3 Name: Name: 0 Email: Address: Phone: Phone: _ Fax: Email: 4A.FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE OR CFDA NUMBER: a (SRF State Recipients,refer to Instructions for Completion of blocks 4A,5A and 5C) . 0 5A.TOTAL ASSISTANCE AGREEMENT AMOUNT 5B.If NO procurements and NO accomplishments were made this reporting EPA Share: $ period(by the recipients,sub-recipients,loan recipients,and prime contractors), CHECK and SKIP to Block No.7. (Procurements are all expenditures through Recipient Share:$ contract,order,purchase,lease or barter of supplies,equipment,construction, or services needed to complete Federal assistance programs. Accomplishments, 00 N/A(SRF Recipient) in this context,are procurements made with MBEs and/or WBEs.) CD 5C. Total Procurements This Reporting Period(Only include amount not reported in any prior reporting period) Total Procurement Amount$ (Include total dollar values awarded by recipient,sub-recipients and SRF loan recipients,including MBE/WBE expenditures.) SD. Were sub-awards issued under this assistance agreement? Yes_ No_ Were contracts issued under this assistance agreement? Yes_ No_ 5E. MBE/WBE Accomplishments This Reporting Period Actual MBE/WBE Procurement Accomplished(Include total dollar values awarded by recipient,sub-recipients,SRF loan recipients and Prime Contractors.) Construction Equipment Services Supplies Total $MBE: 0.00 $WBE: 0.00 6.COMMENTS:(If no MBE/WBE procurements,please summarize how certified MBEs/WBEs were notified ofthe opportunities to compete for the procurement dollars entered in Block 5C and why certified MBEs/WBEs were not awarded any procurements during this reporting period.) 7.NAME OF RECIPIENT'S AUTHORIZED REPRESENTATIVE TITLE 8.SIGNATURE OF RECIPIENT'S AUTHORIZED REPRESENTATIVE DATE EPA FORM 5700-52A available electronically at http://www.ei)a..qov/osbo/odfs/5700 52a.odf Attachment 8,Exhibit 1 Page 1 Packet Pg. 2377 OMBCONTROL 0.10.b APPROVED: APPROVAL EXPIRES:06/30/2017 PART II. MBE/WBE PROCUREMENTS MADE DURING REPORTING PERIOD EPA Financial Assistance Agreement Number: 1.Procurement Made By 2.Business Enterprise 3.$Value of 4. Date of 5.Type of Product or 6. Name/Address/Phone Number of MBE/WBE ii Procurement Procurement Service Enter Code Contractor or Vendor Recipient Sub- ; Prime Minority Women MM/DD/YY Recipient and/or SRF Loan Recipient i i t� fA O i t� i f� O a� f) O O 4— O a Type of Product or Service Codes: O 1=Construction 2=Supplies 3=Services 4=Equipment Note:Recipients are required to submit MBE/WBE reports to EPA beginning with the Federal fiscal year the recipients receive the award,continuing until the Droiect is completed. Attachment 8,Exhibit 1 Page 2 00 IL Packet Pg. 2378 0.10.b Instructions: If at the time of award, the combined total of funds budgeted for procurements in any category is less A. General Instructions: than or equal to $150,000 and is maintained below the threshold, no DBE report is required to be submitted. MBE/WBE utilization is based on 40 CFR Part 33. The reporting requirement reflects the class (n deviation issued on November 8, 2013, clarified on Recipients are required to report 30 days after the U) January 9, 2014 and modified on December 2, end of each federal year, per the terms and 2014. EPA Form 5700-52A must be completed conditions of the financial assistance agreement. annually by recipients of financial assistance CU agreements where the combined total of funds Last reports are due October 30th or 90 days after budgeted for procuring supplies, equipment, the end of the project period, whichever comes construction or services exceeds $150,000.This first. reporting requirement applies to all new and existing awards and voids all previous reporting MBE/WBE program requirements, including requirements. reporting, are material terms and conditions of the financial assistance agreement. .In determining whether the $150,000 threshold is exceeded for a particular assistance B. Definitions: agreement, the analysis must focus on funds budgeted for procurement under the supplies, equipment, construction, services or"other" Procurement is the acquisition through contract, categories, and include funds budgeted for order, purchase, lease or barter of supplies, procurement under sub-awards or loans equipment, construction or services needed to accomplish Federal assistance programs. 00 CD CD Reporting will also be required in cases where the details of the budgets of sub-awards/loans are not A contract is a written agreement between an EPA clear at the time of the grant awards and the recipient and another party(also considered combined total of the procurement and sub- "prime contracts") and any lower tier agreement awards and/or loans exceeds the$150,000 (also considered "subcontracts")for equipment, LU threshold. services, supplies, or construction necessary to complete the project. This definition excludes written agreements with another public agency. When reporting is required, all procurement This definition includes personal and professional LU actions are reportable, not just the portion which services, agreements with consultants, and ° exceeds $150,000. purchase orders. E c� If at the time of award the budgeted funds exceed A minority business enterprise (MBE) is a business $150,000 but actual expenditures fall below, a concern that is (1) at least 51 percent owned by report is still required. one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority Attachment 8,Exhibit 1 Page 3 Packet Pg. 2379 O.10.b individuals; and (2) whose daily business efforts for utilizing MBEs and WBEs must be operations are managed and directed by one or documented. Such documentation is subject to more of the minority owners. In order to qualify EPA review upon request: and participate as an MBE prime or subcontractor for EPA recipients under EPA's DBE Program, an 1. Ensure DBEs are made aware of contracting entity must be properly certified as required by 40 opportunities to the fullest extent practicable CFR Part 33, Subpart B. through outreach and recruitment activities. U) For Indian Tribal, State and Local and U.S. citizenship is required. Recipients shall Government recipients,this will include placing mo presume that minority individuals include Black DBEs on solicitation lists and soliciting them E Americans, Hispanic Americans, Native Americans, whenever they are potential sources. A Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the 2. Make information on forthcoming ° Small Business Act or by the Secretary of opportunities available to DBEs and arrange Commerce under section 5 of Executive order time frames for contracts and establish delivery 11625. The reporting contact at EPA can provide schedules, where the requirements permit, in a 0 additional information. way that encourages and facilitates participation by DBEs in the competitive ' A woman business enterprise(WBE) is a business process.This includes,whenever possible, concern that is, (1) at least 51 percent owned by posting solicitations for bids or proposals for a cm one or more women, or, in the case of a publicly minimum of 30 calendar days before the bid or owned business, at least 51 percent of the stock is proposal closing date. owned by one or more women and (2) whose daily business operations are managed and directed by 3. Consider in the contracting process whether one or more of the women owners. In order to firms competing for large contracts could qualify and participate as a WBE prime or subcontract with DBEs. For Indian Tribal, State 00 subcontractor for EPA recipients under EPA's DBE and local Government recipients, this will Program, an entity must be properly certified as include dividing total requirements when required by 40 CFR Part 33, Subpart B. economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. Business firms which are 51 percent owned by minorities or women, but are in fact not managed 4. Encourage contracting with a consortium of and operated by minorities or females do not DBEs when a contract is too large for one of qualify for meeting MBE/WBE procurement goals. these firms to-handle individually. U.S. Citizenship is required. 5. Use the services and assistance of the SBA and Good Faith Efforts the Minority Business Development Agency of the Department of Commerce. A recipient is required to make the following good 6. If the prime contractor awards subcontracts, faith efforts whenever procuring construction, require the prime contractor to take the steps equipment, services, and supplies under an EPA in paragraphs (a) through (e) of this section. financial assistance agreement. These good faith Attachment 8,Exhibit 1 Page 4 Packet Pg. 2380 0.10.b C. Instructions for Part I: 5A. Provide the total amount of the Assistance Agreement which includes Federal funds plus 1A. Specify Federal fiscal year this report covers. recipient matching funds and funds from other The Federal fiscal year runs from October 1st sources. through September 30th (e.g. November 29, 2014 falls within Federal fiscal year 2015) *For SRF recipients only: SRF recipients will not enter an amount in 5a. SRF recipients should check 1B. Specify report type. Check the annual the "N/A" box. reporting box. Also indicate if the project is o completed. 5B. Self-explanatory. 2 4- 0 1C. Indicate if this is a revision to a previous year 5C. Provide the total dollar amount of ALL and provide a brief description of the revision you procurements awarded this reporting period by the are making. recipient, sub-recipients, and SRF loan recipients, including MBE/WBE expenditures, not just the 2A-B. Please refer to your financial assistance portion which exceeds $150,000. For example: agreement for the mailing address of the EPA Actual dollars for procurement from the procuring f office; actual contracts let from the contracts financial assistance office for your agreement. office; actual goods, services, supplies, etc., from other sources including the central purchasing/ The "EPA DBE Reporting Contact" is the DBE procurement centers). Coordinator for the EPA Region from which your financial assistance agreement was originated. For a list of DBE Coordinators please refer to the EPA *NOTE:To prevent double counting on line 5C, if OSBP website at http://epa.gov/osbp/dbe_cord. any amount on 5E is for a subcontract and the 00 prime contract has already been included on Line CD CD 5C in a prior reporting period, then report the 3A-B. Identify the agency, state authority, amount going to MBE or WBE subcontractor on university or other organization which is the line 5E, but exclude the amount from Line 5C. To recipient of the Federal financial assistance and the include the amount on 5C again would result in person to contact concerning this report. double counting because the prime contract, which w. includes the subcontract, would have already been 4A. Provide the Assistance Agreement number reported. assigned by EPA. A separate report must be x submitted for each Assistance Agreement. *For SRF recipients only: In 5c please enter the .. total annual procurement amount under all of your *For SRF recipients: In box 4a list numbers for ALL SRF Assistance Agreements.The figure reported in OPEN Assistance Agreements being reported on this section is not directly tied to an individual this form. Assistance Agreement identification number. (SRF state recipients report state procurements in this 4B. Refer back to Assistance Agreement section) document for this information. Attachment 8,Exhibit 1 Page 5 Packet Pg. 2381 O.10.b 5D. State whether or not sub-awards and/or 2. Check either the MBE or WBE column. If a subcontracts have been issued under the financial firm is both an MBE and WBE, the recipient may assistance agreements by indicating "yes" or If choose to count the entire procurement towards EITHER its MBE or WBE accomplishments. The 5E. Where requested, also provide the total recipient may also divide the total amount of the dollar amount of all MBE/WBE procurement procurement (using any ratio it so chooses) and awarded during this reporting period by the count those divided amounts toward its MBE and recipient, sub-recipients, SRF loan recipients, and WBE accomplishments. If the recipient chooses to prime contractors in the categories of construction, divide the procurement amount and count portions equipment, services and supplies. These amounts toward its MBE and WBE accomplishments, please M include Federal funds plus recipient matching funds state the appropriate amounts under the MBE and and funds from other sources. WBE columns on the form. The combined MBE and WBE amounts for that MBE/WBE contractor must not exceed the "Value of the Procurement" 6. If there were no MBE/WBE accomplishments reported in column#3 cn this reporting period, please briefly how certified U) MBEs/WBEs were notified of the opportunities to U compete for the procurement dollars entered in 3. Dollar value of procurement. Block 5C and why certified MBEs/WBEs were not awarded any procurements during this reporting 4. Date of procurement, shown as month, day, period. year. Date of procurement is defined as the date a the contract or procurement was awarded, not the 7. Name and title of official administrator or date the contractor received payment under the designated reporting official. awarded contract or procurement, unless payment occurred on the date of award. (Where direct purchasing is the procurement method, the date 00 8. Signature, month, day, and year report of procurement is the date the purchase was submitted. made) D. Instructions for Part II: 5. Using codes at the bottom of the form, identify type of product or service acquired through For each MBE/WBE procurement made under this this procurement (e.g., enter 1 if construction, 2 if financial assistance agreements during the supplies, etc.). reporting period, provide the following information: 6. Name, address, and telephone number of MBE/WBE firm. 1. Check whether this procurement was made by-the recipient, sub-recipient/SRF loan recipient, or the prime contractor. Attachment 8,Exhibit 1 Page 6 Packet Pg. 2382 0.10.b "This data is requested to comply with provisions mandated by: statute or regulations (40 CFR Parts 30, 31, and 33 and/or 2 CFR Parts 200 and 1500); OMB Circulars; or added by EPA to ensure sound and effective assistance management. Accurate, complete data are required to obtain funding, while no pledge of confidentiality is provided. The public reporting and recording burden for this collection of information is estimated to average I hour per M response annually. Burden means the total time, effort, or financial resources expended by persons to U) generate, maintain, retain, or disclosure or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and E disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the a information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. U) 0 Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency (2136), 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include the OMB Control number in any correspondence. Do not send the completed form to this address. a 0 00 x Attachment 8,Exhibit 1 Page 7 Packet Pg. 2383 0.10.b DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: MN008 Grantee Name: cas Grantee Address: Grantee's Grant Manager: Telephone No.: 0 Reporting Period: 2 Project Title: Provide the following information for all tasks and deliverables identified in the Grant Work CD 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. 4- The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: 00 This report is submitted in accordance with the reporting requirements of DEP Agreement °® No. MN008 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A,DEP Agreement#:MNO08 IofI Rev.2/13/2018 Packet Pg. 2384 0.10.b Exhibit D PAYMENT REQUEST SUMMARY FORM DEP Agreement No.:MN008 Agreement Effective Dates: Grantee: Grantee's Grant Manager: Mailing Address: � Payment Request No. Date of Payment Request: Performance Period (Start date—End date): 0 Task/Deliverable No(s). Task/Deliverable Amount Requested: $ A 4- 0 GRANT EXPENDITURES SUMMARY SECTION ° AMOUNT OF TOTAL MATCHING TOTAL U) CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE (As authorized) PAYMENT THIS REQUEST MATCHING REQUESTS FUNDS Salaries/Wages $ $ $ $ _ Fringe Benefits $ $ $ $ Indirect Cost $ $ $ $ 0 Contractual(Subcontractors) $ $ $ $ 0 Travel $ $ $ $ Equipment(Direct Purchases) $ $ $ $ Rental/Lease of Equipment $ $ $ $ 00 CD `0 Miscellaneous/Other Expenses $ $ $ $ CD Land Acquisition $ $ $ $ TOTAL AMOUNT $ $ $ $ TOTAL TASK/DELIVERABLE $ $ BUDGET AMOUNT Less Total Cumulative Payment $ $ Re nests of: TOTAL REMAINING IN TASK $ $ x 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 D,DEP Agreement#:MN008 1 of 3 Rev.2/13/2018 Packet Pg. 2385 0.10.b 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 Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. 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 E claiming match for(must agree with the current Grant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK/DELIVERABLE BUDGETAMOUNT" line for the"AjlIOUNT OF THIS REOUEST'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 AjWOUNT' line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE PAYtVENT REQUESTS OF' line. Deduct the "LESS TOTAL CUjAJULATIVE PAYMENT REOUESTS OF' from the "TOTAL TASK BUDGET AiVOUNT'for the amount to enter on the"TOTAL REiYIA1NI1\1G IN TASK"line.Insert"N/A"for any budget/match categories that are not authorized under this Agreement. 0 "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. Insert"N/A" for any budget/match categories that are not authorized under this Agreement. Do not enter anything in the shaded areas. .d 00 "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the task you CD CD 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 TASK BUDGETAMOUNT'line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUjIYIULATIVE PAYMENTS OF'line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYA1IENTS OF' from the "TOTAL TASK BUDGET Al111OUNT' for the amount to enter on the "TOTAL REA1IAINING IN TASK" line. IL Insert "N/A" for any budget/match categories that are not authorized under this Agreement. If match is not required at all under this Agreement, insert"N/A"down the whole column. "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. Insert"N/A" for any budget/match categories that are not authorized under this Agreement. If match is not required at all under this Agreement, insert"N/A" down the whole column. 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 D,DEP Agreement#: MN008 3 of 3 Rev.2/13/2018 Packet Pg. 2386 0.10.b Exhibit E Department of Environmental Protection Quality Assurance Requirements for Grants Standard Field & Lab Services 1. GENERAL REQUIREMENTS AND DEFINITIONS a. As applicable to the Scope of Services (i.e., scope of work, or grant work plan) described in the grant, the sampling, field testing and laboratory analyses performed under this Grant shall conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.), and "Requirements for Field and Analytical Work Performed for the Department of Environmental Protection under Contract" (DEP-QA- 002/02), February 2002. b. Hereinafter, "DEP" or"Department" refers to the Florida Department of Environmental Protection. c. "Grantee" shall refer to the grantee, subcontractors, subgrantees, or any entity procured (n to conduct work under the Grant. U) d. "Sample" and "sampling" refers to samples that shall be either collected or analyzed 0 under the terms of this Grant. 2. REQUIREMENTS FOR LABORATORIES a. All applicable laboratory testing activities shall be performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP)for all applicable matrix/method/analyte combinations to be measured for this Grant. Laboratory certification requirements are described in Rule 62-160.300, F.A.C. Certification is not required for laboratory tests outside of the scope of DoH ELCP accreditation as determined according to Paragraph 62-160.300(5)(c), F.A.C. b. For samples collected from a non-potable water matrix, the certification requirement is met if the laboratory is certified for the contracted analyte(s) in at least one method utilizing an analytical technology appropriate for the Grant, as determined by the 00 Department according to Paragraph 62-160.300(1)(c), F.A.C. c. If the laboratory is not certified for some or all proposed test measurements, the laboratory shall apply for certification within one month of Grant execution. The laboratory shall attempt to become fully certified for all applicable matrix/method/analyte combinations to be performed for the Grant by maintaining active coordination with the DoH ELCP throughout the application process. Regardless of when the laboratory receives certification, the laboratory shall implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC 2003 Quality Systems standards, as adopted) upon Grant execution. d. Laboratories shall maintain certification as specified in item 2.a above during the life of a __ the Grant. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub-contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The Grantee shall notify the DEP Grant Manager in writing before any change to a sub-contracted laboratory is made. e. The DoH ELCP certificate number(certified laboratory identification number) for each contracted (and sub-contracted) laboratory shall be listed in the required Grant Quality Assurance (QA) Plan (see Section 6 below) in association with the analytical tests to be performed by each laboratory analyzing samples for the Grant. Exhibit E, DEP Grant#: MN008 1 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 Packet Pg. 2387 O.10.b f. Each certified laboratory analyzing contracted samples shall ensure that an acceptable demonstration of capability (DOC) is performed as described in the 2003 NELAC Quality Systems standards (NELAC 2003, Section 5.6.4.2.2 and Appendix C). In addition, each certified laboratory that performs any of the proposed matrix/method/analyte combination(s) approved for the Grant shall have the requisite DOC documentation and supporting laboratory records on file for the applicable combinations. The DOCs performed shall meet the requirements for precision, accuracy, method detection limit (MDL) and/or practical quantitation limit (PQL), as specified in each applicable laboratory test method, Standard Operating Procedure (SOP) or Quality Manual, or as listed in the Grant QA Plan (Section 6, below). Alternative limits for detection and quantitation other than MDL and PQL shall be determined, if applicable to the laboratory. DOCs performed o for the contracted analytes shall include any modifications to the test method or SOP that have been approved by DEP according to Subsection 62-160.330(3), F.A.C., if applicable. If requested by the Department, documentation that supports the DOC for a specified analyte and test method shall be made available for review. g. The contracted (and/or subcontracted) laboratory shall report PQLs and MDLs or other specified limits of detection and quantitation with the results of sample analyses. MDLs and/or PQLs shall only be required for test methods that are technically amenable to the U) determination of MDLs and/or PQLs. For those test methods where the determination of o MDLs and/or PQLs are not technically feasible, the laboratory shall report a value or increment representing the lower limit of the working range of the test method, however determined by the laboratory. The laboratory shall indicate whether the reported limit represents a limit of detection or quantitation. In all cases, limits of detection and quantitation other than MDLs and PQLs shall be explicitly defined and evaluated by the laboratory. All limits shall be as listed in the applicable laboratory test method, SOP or Quality Manual, or as listed in the Grant QA Plan (Section 6, below). The reported MDLs and PQLs (or other limits per above) shall meet the analytical sensitivity and quantitation objectives for the Grant. h. Additional laboratory quality control expectations: (i) The selected laboratory test methods listed in the QA Plan shall provide results that 00 meet applicable Grant data quality objectives. (ii) All laboratory testing procedures shall follow the analytical methods as approved in the Grant QA Plan (see Section 6). (iii) The laboratory shall adhere to the quality control requirements specified in the laboratory test methods and this Exhibit. (iv)The laboratory shall calculate all sample results according to the procedures specified in the analytical test methods approved in the Grant QA Plan. 3. FIELD ACTIVITIES a. All sample collection and field testing activities shall be performed in accordance with the Department's"Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, March 1, 2014). The specific standard operating procedures (SOPS) to be used for this Grant shall be cited in the Grant QA Plan (see Section 6). b. Field-Generated Quality Control (QC) Blanks are defined in DEP SOP FQ 1000 (subparts FQ 1211 —FQ 1214) and shall be composed and analyzed for sample collection activities associated with this Grant according to the requirements of part FQ 1230 (sections 1. —2.3.1), DEP SOP FS 2100 (Part FS 2110, sec. 2.1.1.2) and/or DEP SOP FS 2400 (Part FS 2430, sec. 2.1.1.2), as applicable to the analytes and matrices to be collected using the sampling equipment specified in the Grant QA Plan (see Section 6 below). Exhibit E, DEP Grant#: MN008 2 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/201.7 Packet Pg. 2388 0.10.b (i) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample, the Grantee shall investigate and attempt to determine the cause of the QC blank contamination. If any contracted sample results are qualified as in (ii) below, the outcome of this investigation shall be reported to the DEP Grant Manager and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination associated with the collection of samples for this Grant. (ii) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample, the analytical result reported for the affected sample shall be qualified as an estimated value, unless the analyte concentration in the blank is less than or equal to 10% of the reported sample concentration. The"G" o data qualifier code shall be reported with the sample result for any blank concentration exceeding the above"I OW criterion for the affected analyte (see Table 1, Chapter 62-160, F.A.C.). 4. REPORTING, DOCUMENTATION AND RECORDS RETENTION a. Reporting, Documentation and Records Retention shall be in compliance with the provisions specified in the DEP Grant. b. Deliverable requirements for Reporting are further specified in DEP Grant Scope of U) Services. o c. All laboratory and field records described or listed in Rules 62-160.240 and 62-160.340, F.A.C., shall be retained for a minimum of five years after the generation (or completion) of the records applicable to the Grant. Longer retention times as specified in the Grant shall supersede. d. All field and laboratory data and supporting information shall be reported for this Grant a according to applicable requirements in Subsections 62-160.340(3)—(8), F.A.C. e. Any other documentation and reports associated with work performed for this Grant shall be likewise retained and shall include relevant information for the procedures described in Sections 2 and 3, above. f. Any documentation or reports specifically identified in this Grant as deliverable work products shall be retained as in 4.a., above. 00 g. All field and laboratory records that are associated with work performed under this Grant shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution. h. The Department reserves the right to request some or all of the laboratory or field information in an electronic format specified by the Department, as specified in the Grant and/or Scope of Services, and/or as described in the approved Grant QA Plan (see Section 6). Also, see Subsection k., below. i. Any certified laboratory reports issued for contracted sample analyses using certified methods shall be generated in accordance with NELAC Quality Systems requirements (NELAC 2003, section 5.5.10). - j. Upon request by the Department Grant Manager or as required by the Grant, copies of the original laboratory reports shall be submitted to the Department Grant Manager. k. In addition to any reports of sample results provided per Grant deliverable requirements and Subsections b., e., f. and g., above, the Grantee shall submit any of the laboratory information and/or records associated with the contracted analyses as described in this section (Section 4) upon request by DEP, including any of the following: ► Laboratory sample identification (ID) and associated Field ID ► Analytical/test method ► Parameter/analyte name Exhibit E, DEP Grant#: MN008 3 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 Packet Pg. 2389 0.10.b ► Analytical result (including dilution factor) ► Result unit ► Applicable DEP Data Qualifier Codes per Table 1 of Rule 62-160.700, F.A.C. ► Result comment(s) to include corrective/preventive actions taken for any failed QC measure (e.g., QC sample result, calibration failure) or other problem related to the analysis of the samples ► Date and time of sample preparation (if applicable) ► Date and time of sample analysis ► Results of laboratory verification of field preservation of received samples ► Sample matrix ► DoH ELCP certification number for each laboratory (must be associated with the test results generated by each laboratory analyzing samples under this Grant) E ► MDL, Limit of Detection (LOD) or other defined limit of detection A ► PQL, Limit of Quantitation (LOQ) or other defined limit of quantification ► Field and laboratory QC blank results: • Laboratory QC blank analysis results as required by the method and the NELAC Quality Systems standards (e.g., method blank) cas • Results for trip blanks, field blanks and equipment blanks, as applicable to the project and as specified in the QA Plan (see Section 6) t� ► Results for field duplicates (or replicates) ► Results for other QC and calibration verification results, as applicable to the specific test methods used for the contracted analyses: • Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates • Results of surrogate spike analyses • Results of laboratory control samples (LCS) • Results of calibration verifications • Acceptance criteria used to evaluate each reported quality control measure I. Unequivocal documentation links between each reported laboratory quality control 00 CD measure (e.g., QC blanks, matrix spikes, LCS, duplicates, calibration verification) andCD the associated sample result(s) shall be maintained for all contracted analyses. m. In addition to any field information provided per Grant deliverable requirements, and Subsections b., e., f. and g., above, the Grantee shall submit any of the field information and/or records associated with the contracted samples as described in this section a. (Section 4) upon request by DEP, including any of the following: ► Site name and location information ► Field ID for each sample container and the associated analytes (test methods) for which the container was collected ► Date and time of sample collection ► Sample collection depth, if applicable .. ► Sample collection method identified by the DEP SOP number, where applicable ► If performed, indicate samples that were filtered ► Field test measurement results: • DEP SOP number(FT-series), where applicable • Parameter name • Result • Result unit • Applicable Data Qualifier Codes per Table 1 of Rule 62-160.700, F.A.C. Exhibit E, DEP Grant#: MN008 4of6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 Packet Pg. 2390 O.10.b ► Narrative comments providing explanations, descriptions and/or discussions of: field conditions impacting QC for sample collections, unacceptable field measurements, field-testing meter calibration verification failures, or other problems related to the sampling event, and corrective/preventive actions taken for the items noted (e.g., for blank contamination or meter calibration failure). n. The Department reserves the right to request some or all of the laboratory or field information in a format as specified in the Grant and/or Scope of Services, and/or as described in the approved QA Plan (see Section 6). (n 5. AUDITS a. TECHNICAL AUDITS BY THE DEPARTMENT— Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits of field and laboratory activities. In addition to allowing Department representatives to conduct onsite audits of contracted work in the field or at Grantee facilities, upon request by the Department, field and laboratory records pertinent to the contracted research as described per Section 4, above, shall be provided by the Grantee. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) of the Grant, do not meet the data quality objectives specified by the Grant, do not meet other applicable Department criteria described in the Grant, its exhibits, the QA Plan (see Section 6) or these QA Requirements, do not meet U) applicable data validation criteria outlined in Rule 62-160.670, F.A.C., or are not otherwise suitable for the intended use of the data (however applicable), the DEP Grant Manager shall pursue remedies available to the Department pursuant to the terms of the Grant. b. PLANNING REVIEW TECHNICAL AUDITS — (i) Initial: The Grantee shall review the Grant QA Plan (see Section 6) relative to the completed field and laboratory activities to determine if data quality objectives are being met, identify any improvements to be made to project activities, and refine the sampling and/or analytical design or schedule, if applicable. A summary of the review, including any corrective action plans or amendments to the Grant QA Plan, shall be sent to the DEP GrantManager, and a copy of all submitted documents shall be maintained with the permanent project records. 00 (ii) Ongoing: Planning reviews as described in subsection (i) above shall occur after the initial planning review audit for the remainder of the Grant, as specified in the Scope of Services. (iii) Statements of Usability: Initial and ongoing Planning Review Technical Audits described in (i) and (ii) above shall include statements about data usability relative to the Grant data quality objectives and any data quality indicators that may be specified in the Grant, its exhibits, the QA Plan (see Section 6), or these QA Requirements. This usability determination shall take into account all applicable data quality acceptance and usability criteria for quality control and environmental sample results for the Grant, as specified in the procedures, test methods, QA Plan, Quality Manual(s), other Grant exhibits, or these QA Requirements. (iv) Initial and ongoing reviews and summaries shall be completed within timeframes specified in the Grant Scope of Services. C. QUALITY SYSTEMS AUDITS—The Grantee shall ensure that any required laboratory and field quality system audits are performed according to the respective Quality Manuals or other relevant internal quality assurance documents for each entity performing work under the Grant. The results of these audits shall be documented in the Grantee's records. Copies of the above audit reports or results shall be provided to the DEP Grant Manager upon request. Copies of audit records for internal audits conducted per DEP Exhibit E, DEP Grant#: MN008 5 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 Packet Pg. 2391 O.10.b SOP FA 1000 (subpart FA 4200) or NELAC Quality Systems requirements N( ELAC 2003, section 5.4.13) shall be similarly provided upon request. 6. QUALITY ASSURANCE PLAN a. The Grantee shall submit a Quality Assurance (QA) Plan for the Grant to the DEP Grant Manager, as specified in the Grant Scope of Services. The Standard QA Plan Template may be used to capture all required elements in the Plan. b. The DEP Grant number shall appear on the title page of the submitted QA Plan. The Department shall review and either approve the QA Plan or provide comments to the Grantee as to why the QA Plan is not approved, within timeframes specified in the Grant Scope of Services. If further revisions are needed, the Grantee shall respond within timeframes specified in the Grant Scope of Services. The Department shall respond to 0 all revisions to the QA Plan within timeframes specified in the Grant Scope of Services. 0 c. Work may not begin for specific Grant tasks until approval (or conditional approval) has A been received by the Grantee from the DEP Grant Manager. Sampling and analysis for the Grant may not begin until the QA Plan has been approved (or conditionally approved). d. Once approved, the Grantee(s) shall follow the procedures and methods described in (n the approved QA Plan and any other relevant quality assurance documents, including, but not limited to: ► Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability; ► Using only the protocols approved in the QA Plan; and ► Using only the equipment approved in the QA Plan. If any significant changes occur in sampling project design, project analyte list, procedures or test methods, equipment, or key personnel, the Grantee shall submit appropriate revisions of 0 the QA Plan to the DEP Grant Manager for review, within timeframes specified in the Grant Scope of Services. The proposed revisions may not be implemented until they have been approved (or conditionally approved) by the DEP Grant Manager, as documented through written or electronic correspondence. 00 CD CD 0 x 4i 0 0 0 0 Exhibit E, DEP Grant#: MN008 6 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 Packet Pg. 2392 0.10.c CONTRACT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND UNIVERSITY OF MIAMI FOR FLORIDA KEYS WATER QUALITY MONITORING SERVICES A 4- 0 This AGREEMENT is entered into as of the 15t" day of August, 2018, between Monroe County Board of County Commissioners, 1100 Simonton Street, the Gato Building, Room 2-205, Key West, Florida 33040, (COUNTY) and the University of Miami, 1320 S. Dixie Highway, Suite 650, Coral Gables, FL 33146 (UNIVERSITY). �s WITNESSETH WHEREAS, the Florida Department of Environmental Protection (FDEP) requested administrative assistance from the County in performing water quality monitoring services for the update to the Florida Keys Reasonable ° Assurance Document (FRAD); and 0 WHEREAS, at the request of FDEP the County issued a solicitation on for water quality monitoring services for the update to the FRAD; and WHEREAS, at the direction of the Monroe BOCC, the solicitation also included Canal Monitoring services for ° the County; and r- 0 WHEREAS, the UNIVERSITY responded to the solicitation and was selected as the highest ranked firm; and WHEREAS, the COUNTY desires the UNIVERSITY to provide professional water quality monitoring services for the RAD for the areas in the Florida Keys as outlined herein to measure the level of impact canal waters OE may have on nearshore waters; and WHEREAS, it serves a legitimate public purpose for the UNIVERSITY to provide water quality monitoring services for Monroe County. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, it is agreed as follows: x 1. THE AGREEMENT The Agreement, in order of priority, shall consist of this document, its attachments, the RFP and its exhibits and addendums. 1 Packet Pg. 2393 0.10.c 2. SCOPE OF THE WORK: The UNIVERSITY shall provide water quality monitoring and related services as specified in Exhibit A (Scope of Work). The UNIVERSITY agrees to follow all terms and conditions outlined in the DEP funding agreement number MN008, attached as Exhibit D except as otherwise stated in this Agreement. is 3. CONTRACT AMOUNT The COUNTY shall pay the UNIVERSITY an amount not to exceed Three Hundred Sixty Thousand Seven 2 Hundred Eighteen Dollars ($360,718.00) in funds for the work performed under this contract. The Budget and Payment Schedule is included as Exhibit C. a 4. PAYMENTS TO UNIVERSITY U) 0 COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners, the Florida Department of Environmental Protection (DEP), the municipalities contributing to the services and on a fixed-price basis. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and DEP, upon submission of invoice by UNIVERSITY. e 0 UNIVERSITY shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a completion of deliverable basis as outlined in Exhibit B. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds a� e TRAVEL EXPENSES: For purposes of preparing task order cost estimates,the following shall apply: A. Lodging/Meals/Incidental Expenses. Each Consultant required to travel overnight in performance of this contract shall be reimbursed for lodging, meals, and incidental expenses at the rates established by Monroe County Code as codified in Chapter 2, Article 3, Division 3 of the Monroe County Code. B. Air Travel. The County shall reimburse for air travel at the coach rate. Travel shall be by:the route that 0 is most cost effective to the Authority. The UNIVERSITY shall bear any additional costs incurred as a 0 result of deviations from this route for personal reasons. 4- 0 C. Rental Automobiles. Rental automobiles shall be used only when it will affect a savings or other advantage or when the use of other transportation is not feasible. D. Private Automobiles. Use of private automobiles will be reimbursed at the rate established by Monroe County Code as codified in Chapter 2, Article 3, Division 3 of the Monroe County Code. E. Other. Other actual expenses incurred in the performance of this contract, exclusive of normal operating expenses, and as approved by the County, shall be reimbursed. 0 2 Packet Pg. 2394 0.10.c 5. TERM OF AGREEMENT This Agreement shall commence on August 15, 2018 and extend for a period of two and one half years, unless terminated earlier under paragraph 19 of this Agreement. 2 The COUNTY shall have the option to extend this Agreement at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two (2)years. 0 6. ACCEPTANCE OF CONDITIONS BY UNIVERSITY 2 4- UNIVERSITY has, and shall maintain throughout the term of this Agreement, appropriate licenses and certifications. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. a 7. FINANCIAL RECORDS OF UNIVERSITY U) UNIVERSITY shall maintain all books, records, and documents directly pertinent to performance under this US Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records 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 UNIVERSITY pursuant to this Agreement were spent for purposes not authorized by this Agreement, the UNIVERSITY shall repay the monies together with interest calculated pursuant to Sec. 55.03, a FS,running from the date the monies were paid to UNIVERSITY. 8. PUBLIC ACCESS Public Records Compliance. UNIVERSITY 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 UNIVERSITY 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 UNIVERSITY 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 UNIVERSITY. Failure of the UNIVERSITY to abide by the 'E 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 UNIVERSITY 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 UNIVERSITY 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 3 Packet Pg. 2395 0.10.c term and following completion of the contract if the UNIVERSITY 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 UNIVERSITY or keep and maintain public records that would be required by the County to perform the service. If the UNIVERSITY transfers all public records to the County upon completion of the contract, the UNIVERSITY shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the UNIVERSITY keeps and maintains public records upon completion of the contract, the UNIVERSITY 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. 2 4- (5) A request to inspect or copy public records relating to a County contract must be made directly to CD the County, but if the County does not possess the requested records, the County shall immediately notify the UNIVERSITY of the request, and the UNIVERSITY must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 0 �s IF THE UNIVERSITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE UNIVERSITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470. ° 9. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, UNIVERSITY shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, d (iii) any costs or expenses that may be asserted 20 against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) negligent acts or omissions of UNIVERSITY or any of its employees, agents, or subcontractors during the term of this AGREEMENT, (B) the negligent acts or omissions of UNIVERSITY or any of its employees, agents, sub-contractors which are directly related to the Agreement or (C) UNIVERSITY's default in respect of any of E the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than UNIVERSITY). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will co survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of UNIVERSITY to comply with the requirements of this section shall be cause for immediate termination of this agreement. 0 Prior to execution of this agreement, UNIVERSITY shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: 4 Packet Pg. 2396 0.10.c Type of Insurance Limits County Form Commercial General Liability $300,000 GL1 Business Automobile Liability $300,000 VL2 Workers Compensation Statutory WC3 2 Employers Liability $100,0001$500,0001$100,000 WC3 Jones Act Coverage $300,000 WCJA Watercraft Liability $500,000 WL1 CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be 2 endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance ° coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. U) 0 Monroe County Board of County Commissioners and FDEP Must Be Named as Additional Insured on All Policies except Worker's Compensation. ' 10. NON-WAIVER OF IMMUNITY ° Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and UNIVERSITY 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 Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. INDEPENDENT UNIVERSITY ° At all times and for all purposes under this Agreement UNIVERSITY is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find UNIVERSITY or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe COUNTY. 12. NONDISCRIMINATION UNIVERSITY agrees 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. UNIVERSITY 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 Wx 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 0 and Treatment Act of 1972 (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 5 Packet Pg. 2397 0.10.c 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 maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and UNIVERSITY to, or the subject matter of, this Agreement. 0 13. ASSIGNMENT/SUBCONTRACT 2 UNIVERSITY shall not assign or subcontract its obligations under this agreement to others, except in writing CD and with the prior written approval of the Board of County Commissioners of Monroe County and ° UNIVERSITY, 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. Unless expressly provided Wo for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. ' 14. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this agreement, UNIVERSITY shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board .S to terminate this Agreement. UNIVERSITY shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 0 ° 15. DISCLOSURE AND CONFLICT OF INTEREST To the best of its knowledge, UNIVERSITY represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. 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. Upon execution of this contract, and thereafter as changes may require, the UNIVERSITY shall notify the COUNTY, if it becomes aware, of any financial interest it may have in any and all programs in Monroe County which the UNIVERSITY sponsors, endorses, recommends, supervises, or requires for counseling, assistance, . evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. To the best of its knowledge, COUNTY and UNIVERSITY represent 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, 6 Packet Pg. 2398 0.10.c 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 UNIVERSITY agrees that the COUNTY shall have the right to terminate this Agreement without liability and, to offset from monies owed, or otherwise recover, the unallocated funds, commission,percentage, gift, or consideration. The University shall not knowingly infringe upon the intellectual property rights, or any other proprietary (n rights, of any third party in providing the services as specified in Exhibit A. JA 16.NO PLEDGE OF CREDIT UNIVERSITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any U) contract, debt, obligation,judgment, lien, or any form of indebtedness. UNIVERSITY further represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. a� 17.NOTICE REQUIREMENT U) Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage U prepaid,to the other party by certified mail,returned receipt requested,to the following: FOR COUNTY: _ Monroe County, Attn: Ms. Rhonda Haag Sustainability&Projects a 102050 Overseas Highway, Ste. 246 0 Key Largo, FL 33037 and Monroe County'Attorney a Attn: Mr. Bob Shillinger Post Office Box 1026 Key West, FL 33041-1026 FOR UNIVERSITY: Jill Frazier Tincher, Executive Director,Office of Research Administration Gables One Tower 1320 South Dixie Highway Room 650 Coral Gables, Florida 33146-2926 305 284-3952 18. TAXES x COUNTY is exempt from payment of Florida State Sales and Use taxes. UNIVERSITY shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its 0 obligations under this contract, nor is UNIVERSITY authorized to use the COUNTY'S Tax Exemption Number in securing such materials. UNIVERSITY shall be responsible for any and all taxes, or payments of withholding,related to services rendered under this agreement. 7 Packet Pg. 2399 0.10.c 19. TERMINATION A. The COUNTY or UNIVERSITY may terminate this Agreement for cause with seven (7) days' notice to the other Party. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. B. Either of the parties hereto may cancel this agreement without cause by giving the other party within thirty (30) days written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. 0 20. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES E U) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action CD or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and UNIVERSITY agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. U) 0 �s 21. MEDIATION The COUNTY and UNIVERSITY agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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. 22. 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 ro- 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 UNIVERSITY 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. 23. ATTORNEY'S FEES AND COSTS 4- 0 COUNTY and UNIVERSITY 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 and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 24.ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and UNIVERSITY agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions.between representatives of COUNTY and UNIVERSITY. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a 8 Packet Pg. 2400 0.10.c public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and UNIVERSITY, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 25. COOPERATION 2�, 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 UNIVERSITY 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 UNIVERSITY specifically agree that no party to this Agreement shall be required to enter into any arbitration 2 A proceedings related to this Agreement. 4- 0 26. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of (n COUNTY and UNIVERSITY and their respective legal representatives, successors, and assigns. �s 0 27. AUTHORITY ' Each party represents 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. ° 0 28. CLAIMS FOR FEDERAL OR STATE AID UNIVERSITY 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. 29. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions ro- 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. l� 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES 4- 0 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. 31. 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 COUNTY and the UNIVERSITY agree that neither the COUNTY nor the UNIVERSITY or 9 Packet Pg. 2401 0.10.c 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. 32. ATTESTATIONS UNIVERSITY agrees to execute such documents as the COUNTY may reasonably require, including a Public U) Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 0 33. NO PERSONAL LIABILITY E 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 CD employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability .2 or accountability by reason of the execution of this Agreement. U) 34. 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. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is cc 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. 35. PUBLIC ENTITY CRIME INFORMATION STATEMENT a� 0 "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 on a contract 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 a public entity, may not be awarded or perform work as a Construction Manager, 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, for E CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 36. MUTUAL REVIEW 4- 0 This agreement has been carefully reviewed by UNIVERSITY and the County therefore, this agreement is not to be construed against either party on the basis of authorship. Execution by the UNIVERSITY must be by a co person with authority to bind the entity. x REMAINDER OF PAGE PURPOSELY LEFT BLANK 10 Packet Pg. 2402 0.10.c SIGNS OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND W J ANOTHER OFFICER OF THE ENTITY. >> . BOARD OF COUNTY COMMISSIONERS 2 a OF MONROE COUNTY, FLORIDA 0 By: eg� 'A; By: De u y'Clerk Mayor David.lUze j Date 0 (SEAL) UNIVERSITY OF MIAMI Attest: By: By: Print-KametAhtIf1d�c� -��SG�:Z1 Print ame411 Tincher ` ecu ive Director, esearc dminis Title:��'� l,r�c1'�'eie��(ct.�-a (-'�s'��n�"��h�r Title: cm Date: ti► LI Date: 1 aE STATE OF FLORIDA COUNTY OF On this 3 O day of , 20 I , before me ,the undersigned notary public, personally appeared L ► , known to me to be the person whose name is subscribed above or who produced 2 as identification, and acknowledged that he/she is the person who executed the above contract wit Monroe County for the purposes therein contained. Notary Public :aY'ei�,, ELISA RANGEL Commission#FF 132747 0 Expires October 11,2018 0 Print Name P;;;�.•' Bmded R.Tray F.1n haw.BWaS-701]eal � My commission expires: 4- 0 A ROE COUNTY A NEY PP ED Ni •�¢ t; PEDR J MERCADO ASSISTANT C U EY / CD Date U y -} u- env � 11 Packet Pg. 2403 0.10.c EXHIBIT A SCOPE OF WORK SCOPE OF SERVICES Background: This project consists of tasks which are designed to collect accurate environmental data related to the chemistry and biology of surface waters at designated stations in the Florida Keys. �s Pro iect'Overview: UNIVERSITY shall be responsible for performance of the work according to frequency schedule and for providing data and deliverables of acceptable quality to the County and DEP. All data and documentation associated with this project are public record. Water quality data collected by the 2 UNIVERSITY will be uploaded to the statewide water quality database (WIN) where it may be used for regulatory purposes. Requirements and information for uploading data to WIN can be found at this link: http://publicf,les.dep.state.fl.us/DEAR/WfN/. The ability to follow required SOPS, maintaining high quality data, and proper documentation of sampling events is very important. After an initial two (2) month training and transition period to learn laboratory required protocols and the required data entry program, the UNIVERSITY is expected to achieve and maintain data quality such that a minimum of ninety-five (95) percent of the water quality sample logins submitted are error-free. 4- If at any time during the contracted period the submitted data error rate exceeds five (5) percent, the County may withhold payment for poor quality samples or terminate the contract as it sees fit. The County may also withhold payment for any sample not collected following the SOP specified in the task or for any sample that is not accompanied with the appropriate documentation. 0 The UNIVERSITY's field staff will be required to attend a one (1) day training for the required field data entry program as well as sample kit and documentation requirements of the designated laboratory where samples will be submitted. County or DEP staff will be available to accompany the UNIVERSITY on initial field visits to the various sampling sites as needed. County or DEP staff or designated auditor may accompany the UNIVERSITY in the field at any time, including any trips using a boat and must be covered by the UNIVERSITY's insurance. The UNIVERSITY is responsible for scheduling stations such that the sample frequency for each station listed in Table 1 will be achieved and that the station groups listed in Table 2 will be sampled on the same day. All tasks assigned to a particular station must be completed on the same day. Stations shall be scheduled to maximize the amount of time as much as possible between sampling events within the sampling frequency. For example, quarterly stations should be scheduled so that they are sampled in the same month (Ist, 2nd, or.,rd) of each subsequent quarter as much as practicable. Payment will be based 20 upon completion of sample collections within specified timeframes as described in this section. Samples missed due to equipment failures, weather conditions, etc. will not be paid by the County. Costs associated with failed attempts are the responsibility of the UNIVERSITY and contingencies should be calculated in the per sample rate proposed. If a sample is not collected in the requested timeframe the UNIVERSITY may request permission from County staff to collect that sample at a later date or substitute another location of the County's choice to receive payment for that sampling event. All requests and approvals for task schedule changes must be documented in writing or via email. r UNIVERSITY field staff must have completed training courses and/or have up-to-date certification in FDEP E Standard Operating Procedures (SOPS) for Field Activities (available at: 0 http://www.dep.state.fl.us/water/sas/sop/sons.htm) to collect the water quality and biological data described in the tasks below. UNIVERSITY will collect water samples with a minimum of solids material. Some water samples must be filtered and/or preserved in the field. 12 Packet Pg. 2404 0.10.c The County will be responsible for setting up laboratory logins, printing chain of custody (COC) forms and station labels for sample bottles, and will be responsible for paying for shipment of water samples to the laboratory for analysis. The designated laboratory will be responsible for providing sample bottles in bulk and acid preservatives to the UNIVERSITY. The UNIVERSITY is responsible for notifying the County and the lab about any preservatives used nearing expiration dates or the need for additional supplies to be shipped with enough advanced notice to maintain sampling schedule. The UNIVERSITY will be responsible for providing all other water chemistry and biological sampling (n equipment, vehicles (including boats), and staff needed to reach and safely sample at each station. UNIVERSITY is responsible for all costs incurred for travel and field supplies such as ice, filters, deionized water, reagents and calibration standards, as well as biological sampling supplies such as vials, preservatives, microscope slides, forceps, and identification tools including microscopes and taxonomic 2 literature. Water chemistry sampling kits (coolers, bags, sample bottles, filters, preservatives, chain-of- custody forms, etc.) will be assembled by the UNIVERSITY according to the requirements for submitting samples to the lab. One field blank must be submitted for each water chemistry sampling week and cost should be included in the per sample rate of the station sample. UNIVERSITY shall properly collect, preserve, package, and transport water samples to an overnight carrier (currently Blue Streak Couriers) for next day delivery to a District designated laboratory. UNIVERSITY is responsible for notifying the courier 0 that a delivery is needed. Some pickup locations may require 24-48 hour advance notice or have earlier pickup times to meet courier deadlines. Meters and other equipment used by the UNIVERSITY must be of sufficient accuracy and condition to gather quality field data and pass calibration requirements. Multiparameter meters must be capable of downloading data files from the meter to a computer for import. The YSI EXO series sondes are preferred equipment, however, other multiparameter meters of sufficient accuracy and condition may be used. If other equipment is 20 used it will be the UNIVERSITY's responsibility for reformatting data into a County provided template for uploading to WQCS. All required chain-of-custody and quality assurance procedures must be followed by UNIVERSITY. Chapter 62-160 of the Florida Administrative Code (available at hj1ps.// www.flrules.org/ ate, /�pterHome.asp?Chapter=62-160 ) defines the minimum field and laboratory quality assurance, methodological and reporting requirements to assure that chemical, physical, biological, microbiological and toxicological data used by the FDEP and others are appropriate and reliable, and are collected and analyzed by scientifically sound procedures. Tables 4a, 4b, and 4c list associated field data that must be collected and correctly entered into an electronic field data entry application and field data to be uploaded to an electronic data system. UNIVERSITY field staff must have a tablet, smart phone, or equivalent device with internet service for electronic entry of common data (required field data not collected with a multimeter) through the application in the field. 4- 0 x 13 Packet Pg. 2405 Scone of Services: Task 1: Water Chemistry Monitoring Surface Water Sampling covering the Florida Keys RAD Start Date: 15 August 2018 End Date: 31 May 2021 Number of FKRAD Stations: 65 a� Estimated total number of FKRAD Samples: 260 (65 stations x 4 times each calendar year) Table 1: List of Water Chemistry Monitoring Stations Number STATION NAME ORIG_FID lat long WBID WATER TYPE Side 0 1 6006A-1 55 25.02108036 -80.4923374 6006A COASTAL OCEAN E 2 6006A-2 56 25.03646477 -80.50641338 6006A COASTAL BAY A 4- 3 6006A-3 58 25.09977981 -80.4463184 6006A COASTAL BAY cm 4 6006A-3 57 25.0813505 -80.43270792 6006A COASTAL OCEAN 5 6006A-4 60 25.15199609 -80.39869883 6006A COASTAL BAY 6 6006A-5 59 25.12753711 -80.37617883 6006A COASTAL OCEAN U) 0 7 6006B-1 53 1 25.25125736 -80.30624797 6006B COASTAL OCEAN 8 6006B-2 52 25.21033601 -80.3641109 6006B COASTAL BAY 9 6006E-3 51 25.1949848 -80.34359941 6006E COASTAL OCEAN 10 6006B-4 54 25.29607826 -80.32051711 6006E COASTAL BAY cm 11 6006C-1 49 25.33294973 -80.28248847 6006C COASTAL BAY 0 12 6006C-2 50 25.31313269 -80.26986648 6006C COASTAL OCEAN 0 13 6009-1 99 24.99195367 -80.55645515 6009 COASTAL BAY 14 6009-2 48 24.96864774 -80.59046136 6009 COASTAL BAY 15 6009-3 47 24.94487292 -80.59309004 6009 COASTAL OCEAN cm 16 6010-11 5 24.79944267 -80.84768161 6010 COASTAL OCEAN ° 17 6010-5 2 24.84749915 -80.79157663 6010 COASTAL BAY ° 18 6010-6 4 24.81946788 -80.78554697 6010 COASTAL OCEAN 19 6010-7 46 24.83691261 -80.81043504 6010 COASTAL BAY 20 6010-8 45 24.80897354 -80.81468728 6010 COASTAL OCEAN 21 6010-9 3 24.81102105 -80.84732504 6010 COASTAL BAY 22 6011A-1 42 24.728099 -81.0795087 6011A COASTAL BAY E 23 6011A-2 41 24.73953791 -81.02219776 6011A COASTAL BAY cm 24 6011A-3 7 24.71599031 -81.11373932 6011A COASTAL BAY 25 6011B 43 24.71430039 -81.02043919 6011B COASTAL OCEAN 26 6011C-1 39 24.77080771 -80.95930048 6011C COASTAL BAY 27 6011C-2 38 24.74983759 -80.96166867 6011C COASTAL OCEAN 28 6012A-1 32 24.65237798 -81.38224568 6012A COASTAL OCEAN 29 6012A-2 31 24.71809791 -81.40096585 6012A COASTAL BAY 30 6012C 35 24.70665893 -81.32760727 6012C COASTAL BAY 31 6012D 33 24.63111791 -81.34804986 6012D COASTAL OCEAN 32 6012E 30 24.71743011 -81.42846442 6012E COASTAL BAY 33 6013A-1 26 24.67486763 -81.56740449 6013A COASTAL BAY 34 6013A-1 23 24.59046516 -81.59999595 6013A COASTAL OCEAN 35 6013A-2 6 24.63057511 -81.50760307 6013A COASTAL OCEAN 14 Packet Pg. 2406 0.10.c 36 6013A—2 25 24.64395456 —81.61743804 6013A COASTAL BAY 37 6013A—3 24 24.6132266 —81.53805933 6013A COASTAL OCEAN 38 6013B 27 24.68007529 —81.53790479 6013E COASTAL BAY 39 6013C-1 28 24.65824395 —81.45441137 6013C COASTAL OCEAN 40 6013C-2 29 24.68686022 —81.47816232 6013C COASTAL BAY 41 6013C-1 99 24.66438949 —81.46750675 6013C COASTAL OCEAN 42 6013C-2 99 24.65881425 —81.48636347 6013C COASTAL OCEAN 43 6014A-1 14 24.57366797 —81.80317189 6014A COASTAL BAY 44 6014A-2 16 1 24.58385233 —81.77136851 6014A COASTAL BAY 45 6014B—1 18 24.59051334 —81.74117166 6014E COASTAL BAY 46 6014B—2 17 24.55728916 —81.74435814 6014B COASTAL OCEAN U) 47 6014C-1 20 24.60698899 —81.65508692 6014C COASTAL BAY 48 6014C-2 1 24.59974308 —81.68231322 6014C COASTAL BAY a 49 6014C-3 19 24.60302357 —81.70431553 6014C COASTAL BAY 50 6014C-4 21 24.55760706 —81.70132073 6014C COASTAL OCEAN U) 51 6014C-5 0 24.55843014 —81.67717578 6014C COASTAL OCEAN 52 6014C-6 22 24.57118709 —81.6579137 6014C COASTAL OCEAN 53 6016-1 36 24.7651322 —80.91280485 6016 COASTAL OCEAN 54 6016-2 37 24.78466309 —80.91379239 6016 COASTAL BAY 55 6016-3 61 24.7948904 —80.89124523 6016 COASTAL BAY a� 56 6016-4 8 24.7847319 —80.88793177 6016 COASTAL OCEAN M 57 6017-1 12 24.93321445 —80.62638645 6017 COASTAL BAY 58 6017-2 11 24.92986032 —80.61321695 6017 COASTAL OCEAN 59 6018 34 24.65811382 —81.26500614 6018 COASTAL OCEAN 60 6019-1 10 24.86140011 —80.74105269 6019 COASTAL BAY 61 6019-2 9 24.87027539 —80.69667398 6019 COASTAL OCEAN 62 8073D 13 24.54259545 —81.80354337 8073D BEACH OCEAN 0 63 8073H 15 24.55026294 —81.76157938 8073H BEACH OCEAN 64 8081A 40 24.72875306 1 —80.99365052 8081A BEACH OCEAN 65 8081B 44 24.69144176 —81.0888603 8081B BEACH OCEAN 0 4- 0 4i M 0 15 Packet Pg. 2407 0.10.c LOCATIONOF TASK1 STATIONS �r Task 1: Near Share Water Quality Sampling rn 'rr L w O E " !t3 w— O C L O U L O 0 t31 C i O r O 2 Perform comprehensive nutrient data monitoring of the 23 FItiRAD 11IDs. in order. to determine FKRAD nutrient p compliance and support the Department's Impaired 'Katers ass:„mciii�. 1 he monitoring will consist of collecting an estimated 260 samples at 65 stations with 4 sample,. collected at each station in a calendar year for two consecutive years, and at lea,.t oiie sample collected between May I and September 30 and at least one sample collected during E the other months ol'the calendar year. Note, most of the sample locations will require a boat for accessibility and two staff per sampling, team. �► Q All water qualitN data collected for this contract will iIced ter he uploaded quarterly by the UNIVERSITY into the o Department's Watershed Information Network l 11 I N y database. For guidance and requirements of WIN please ? contact WIN coordinator Tommy Adams at thomas.1-adams(i dep.state.fl.us or by phone 850-245-8467 and comply m with information at this link: http://publicfiles.dep.state.tl.u,./DEARIWIN/. x A STANDARD QUALITY ASSURANCE PLAN DOCUMENT IS SUBMITTED AS PER FDEP w INSTRUCTIONS E r r Q 16 Packet Pg. 2408 O.10.c Table 2. List Water Quality Parameters for All Monitoring III"ISIMINY" 9ltr%te4- prate in aalueons NO, Water Grab matrices as mg/l.,as t l EPA 3553.` leer. .0 .0 mg1t.� m _....__....._..__._.... ..._. ... ........�...... Total l"laaas�rlararus nra�art�ae��tas _��... _...............�_�......� n TIP "Neater Grab matrices as ing/L aas...P........ EPA 165.l Rev.2.0 0.002 mg/L � Total jeldabl larger lira E TKN Water grab aqueous matrices as mg/L., as NwwEPA 351.2 Rev.2.0 0.0 mg/L' 2 Pb)4oplankton chlaartapla ll-a 0 (corrected for plaaeoplaytirt;)and � lalOraa ti! Water taaala ... .. _plaaetapb tau by slaectraalahotoniletry SM 10200 H l"rno q) l 0 as 11 Dissolved oxygenu�l�t.�) Dissolved Field concentration in water rnleasured U) Oxygen Measurement b field meter Discrete leasaareaaaeut Not applicable: �s _..._ .._ w _ _. �. .,,.. n ... __....._... _................�..�....__.. ....._ t iscrete Measurer ent....._ LO Percent DO Field Percent DO saturattioaa in water Saturation leasur rat.euae measured b " field meter Not applicable ..__ .� ._. . _._p_.._.. ... ... .. ._ ......_..... ....... . Field pH level as seater measured by Discrete Measurement � ElC w .N Measurement. ,.� field meter �.�.�.._ ....M._.._..�m..__...._....... _ . _ _.. _._........ __. � Not applic,aalble 0 Discrete Measurcment specific field Speciflic conductance of hater Conductance Mleaa,surearraeut uaeastared by field aaaeter Not applicable Discrete Measurement Water l field' Water temperature measured b , t'emtaeratarare Measurement field met r lsltst applicable a 0 4- 0 x 17 Packet Pg. 2409 0.10.c Data Management and Reporting The UNIVERSITY will be responsible for maintaining and managing data files and field sheets/forms for all data and observations made in the field. All field forms will be filled-out completely and properly. The UNIVERSITY will maintain the original forms with copies provided to Monroe County as described below. Field measurements of DO (concentration and percent saturation), pH, specific conductance, and water (n temperature for the surface and bottom readings will be maintained in electronic data files. Data files from field work must include all appropriate quality control and quality assurance information and metadata including geo-locational identifiers, project identifiers, and site identifiers. All data submitted in electronic format by UNIVERSITY to DEP must have undergone a rigorous evaluation to assess content, quality, integrity and 2 usability. Electronic data files must be submitted either as an Excel file, a comma delimited file (.csv), a comma delimited text file (.txt), or other format approved by the Department. ° Audits 0 The County or DEP may conduct audits of field and/or laboratory activities. In addition to allowing representatives to conduct onsite audits, ttpon request by the Department, all field and laboratory records pertinent to the purchased field and laboratory services shall be provided. If an audit by the County or DEP results in a determination that the reported data are not usable for the purpose(s) for which services have been purchased, then available remedies shall be pursued as stated in the contract. 0 ° ° 0 4- 0 x 18 Packet Pg. 2410 0.10.c EXHIBIT B DELIVERABLES FLORIDA KEYS WATER QUALITY MONITORING SERVICES IN MONROE COUNTY, FLORIDA 2 FOR TASK 1 FLORIDA RAD: �s The University of Miami will be responsible for maintaining and managing data files and field sheets/forms for all data and observations made in the field. All field forms will be filled-out completely and properly. The contractor will maintain the original forms with copies provided to Monroe County as described below. Field measurements of DO (concentration and percent saturation), pH, specific conductance, and water temperature for the surface and bottom readings will be maintained in electronic data files. a Data files from field work must include all appropriate quality control and quality assurance information and metadata including geo-locational identifiers,project identifiers, and site identifiers. 0 All data submitted in electronic format by the University of Miami to DEP must have undergone a rigorous evaluation to assess content, quality, integrity and usability. Electronic data files must be submitted either as an Excel file, a comma delimited file (.csv), a comma delimited text file (.txt), or other format approved by the Department. Each quarter, the data from the previous quarter are to be reviewed and loaded in the WIN database. A quarterly progress report will be submitted to the County that includes the following information: (a) A tabulation of the water quality samples collected at each station during the quarter including sampling dates and times for each site (b) Identify any field quality assurance problems encountered during the quarter (c) Identify any corrective actions necessary as a result of problems encountered during the quarter (d) Copies of all field data sheets\forms and notes for samples and measurements collected during the quarter E (e) Status information on uploading lab and field data to WIN (fl Technical audit reports (more info on this in Appendix 5 of grant agreement) of monitoring performed each quarter; Due: Within 30 days after first sampling event and then quarterly (within 30-days after sampling events each quarter) until sampling events completed x 19 Packet Pg. 2411 0.10.c Deliverables to be provided by the University of Miami Component 1 —Training provided by DEP Deliverable 1: proof of attendance/participation in the training; Due: No later than 30 days before first sampling event Component 2—QAPP 2 Deliverable 2a: Draft QAPP submitted for review; Due: Before November 1, 2018 Deliverable 2b: Final QAPP submitted; Due: No later than 30 days before first sampling event (n Deliverable 2c: Technical audit reports (more info on this in Appendix 5 of grant agreement) of monitoring performed each quarter; Due: Within 30 days after first sampling event and then quarterly (within 30-days after sampling events each quarter) until Task 3 is completed. A Component 3 —Monitoring Deliverable 3: A summary of the samples collected and delivered to the lab for analysis. Summary of completed monitoring activities (dates completed, sampling conducted and any not conducted and why, ° monitoring results along with interpretation of those results (as expected or not as expected submitted electronically), along with the draft or final laboratory report and sampling logs; Due by 31 Jan 2021 but can be submitted more frequently. 0 Component 4—Reporting Deliverable 4a: Draft Final Report; Due 3/l/2021 Deliverable 4b: Final Report with edits incorporated, etc.; Due 5/l/2021 ° ° 0 ° ° 0 4- 0 x 20 Packet Pg. 2412 INV(")[(.,'I ,NN D RF'1I'0R,TING SC]If-'DU I J-� F ORTASK I YEAR 12018 TASK 1: 65 Near Shore Surface Water Samples Quarter 3 Quiarter 4 .. ........ INVOICE DATE: 30-Sept- IN DATE: 31-D 2018 2018 2 'Training m_ew. QAP,P (n REPORT DATE: 30-Sept- REPORT DATE:31-Dec- 2018 Deliverable 1: 2018; Deliverable 2a: 0 proof of Draft QAPP submitted E attendanice/participaition for review; Due: Before .2 A in the training; Due: INo November 1, 2018 0 later than 1 Dec 2018 Deliverable 2b: Finial QAPP submitted; Due: 1 Dec 2018 U) 0 .................... U YEAR 2 2019 I- --------- LO TASK 1: 65 Near Shore Surface Water Samples ....................................... Quairter I Quarter 2 Quarter 3 Quarter 4 INVOICE DATE,: 31-Mar- INVOICE DATE: 30-June- INVOICE DATE: 30-Sept- INVOICE DATE: 31 Dec- 2019 201,9 2019 2019 ......................... Sampling event#1 Sampling event#2 -- Sampling ent#3 ling event#4 -- ev------- REPORT DATE: 1-Mar- REPORT DATE: 30-Juine- REPORT DATE: 1-Nov- REPORT DATE: I-March- 20,19, 2019 2019 2020 WIN 'UPLOAD DATE: I- WIN UPLOAD DATE: I- WIN UPLOAD DATE: I- WIN UPLOAD DATE:1- 0 Mere'.-20,19 Aug-2019 N�ov-21019 March-2020 ................. .......... .......................... YEAR 3 2020 TASK 1: 65 Near Shore Surface Water Samples E Quarter 1 Quiarter 2 Quarter 3 ...........INVOICE DATE: 31-Mar- INVOICE DATE: 30-June INVOICE DATE: 30-Sept- INVOICE DATE:31 Dec- 2020 2020 2020, 2020 Sa4- mpling events= 1 Sampling events= 1 Saimpl'in!g events= 1 Sampift.events 0 = 1 REPORT DATE:31-Mar- REPORT DATE:30-Dune REPORT DATE:30-Sept-, REPORT DATE:31 Dec- 2020, 2020 2020 20201 WIN UPLOAD IRATE. WIN UPLOAD DATE: I- WIN UPLOAD DATE: 1- 'WIN, UPLOAD DATE: 1. x May-2019 Aug-2019 Nov-2019 March-2020 w E Packet Pg. 2413 0.10.c ...... .._............... ._ _.... _.._._ ..w_ w_ .. TASK 1; bS Near Shore Surface Dater Samples Quarter 1 Quarter 2. INVOICE DATE:� �.-�'lar-2021 M �.._�.u..��..�ww.. AI 'O 'iN� D �""��... �ltilla�v � .__._._.�.. -2021 __..�...�.___. .... ...___ .._ ._.... V. ICE ....w_.�,T�... ._ ._..._......._......�. _....._.._.... ...._. No Sampling �s .....__ ..._..... ..__� REPORT DATE:31 Jan 2021 Deliverable 3.A FINAL REPORT 1-May 2021,. summary of the samples collected and Deliverable 4a: Graft Final Report, Due /1/2021, delivered to the lab for analysis. Summary f Deliverable 4b: Final Report with edits completed monitoring activities, monitoring incorporated, etc.; Due 5/1/20121 U) results along with interpretation of those resullts, along with the draft or final laboratory report and sampling logs U) 0 U .._.. ....._... ................ _..._._._._uw.._ - m _r ms _ c w. . 1ltil UPLOAD DATE: 1�I"Vlarch�2021 a a a a 4- 0 Packet Pg. 2414 EXHIBIT C Project Budget and Payment Schedule FLORIDA KEYS WATER QUALITY MONITORING SERVICES BUDG[A' W0RKS1J[-1'E'1'S BY Quarter aildI'ask, nic, t.wversity of,mianii will submit invoiCCS tam M0111-0e ('(Xinty on the 1"(il]owing dates. September 30111, 2018 and Deceni lvt� 3 1 11, 20 18. 0 E T ASK I Year 1: No samples will be collected. "1'raining ail:'all pro'ject staff will be accom li s lied between 15 AtIgLISL and 30 September 2018. Pivpalution and appi-oval of time QAPP and pi-cparation fiol- sampling will rim ctn 0 between I Octobei- 2018 and 31 December 20 18 U) as 0 0 MINING QAPP PERSONEL PERSONEL $11,000 $11,000 0 TRAVEL,SUPPLIES, TRAVEL,SUPPLIES, BOAT BOAT $2,000 $0 WATER QUALffY WATER QUALITY LAB ANALYSIS LAB ANALYSIS $0, $0 0 EQUIPMENT EQUIPMENT $0 $1,000 INDIRECT COSTS INDIRECTCOSTS $5,070' $4,680 E TOTAL ITOTAL $18,070 $16,680 4- 0 M x W E 23 Packet Pg. 2415 FLORIDA KEYS WATER QUALITY MOMTORING SERVICES BUDGE"F WORKS1 1EETS BYQU,'Aner and Task. The University ofMianii will sLibinit invoices to Monroe County on the following dates: March 3 111. June ,30111. September 30", and Decembcr 'l 1 1` 201 9' 'I'he invoices will contain the nUmber ofcompleted sampling events, their locations (sainpling station identification number) and dates sandaled, Upon approval' of the subillitte(I invoice and confirination of DE11*s receipt of the data in WIN, Monroe County will 1-CiMbUrsc the contractor al the agreed upon amount per sampfingevent. Each Quarter will include one sampling event (n 0 E Qu,orter 1 Quorter 2 Quorter 3' Quorter 4 4- 0 �JAN-MAR APR-JUNE JULY-SEPT OCT-DEC 0) C SE1 SE2 SE3 SF4 FIELDSAMPLING (n PERSONE1. PERSONEL, PERSONEL PERSONIEL 0U) U $11,850 $11,850 $11, 1a1- 0 TRAVEL,SUPPLIES, TRAVEL,SUPPUES, TRAVEL,SUPPLIES, TRAVEL,SUPPLIES, BOAT BOAT BOAT BOAT $7,726 $7,726 $7,726 J$7,726 WATER QUALITY WATER QUALRY WATER QUALITY WATER"LffY, 0 LAB ANALYSIS LAB ANALYSIS LAB ANALYSIS I.AlRAINALYSIS, C 0 $8,125 $81,1i5 $8,125 $8,125 2 EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT $1,4 $1,438 $1,438 $11,439 INDIRECTCOSTS INDIRECTOOSTS IND�IRE CTCO'STS INO IRE CT O$",' $6,266 $6,266 $6,266 ,$6,266 C TOTAL TOTAL, TOTAL 'TOTAL 0 $35,404, L, ,3.Sj—,40-4 $! 404 C 0 E 4- 0 M x W .;j C 0 E 24 Packet Pg. 2416 FLORIDA KEYS WATER QUALITY MONITORING SERVICES BUDGE]` WORKSHEE'"I"S B'Y Quarter and 'I'ask. "Ihe (Jniversily ol'Miami will submit invoices to Monroe County on the following dates: March 31". June .10111 Septeniber ')O"', ajnd Dcccii,iber 11", '2020. Tlac invoicCS Will C011tain tile 11URIbU Of coinpleted sainplin', even s g t iheir locations (sampling station identification nurnber) and dates, sampled. Upon approval of the subrnitlet invoice and confirrnation ol'DI""T's receipt of tile data in WIN, Monroe COLHU.( will reimburse the contractor a tlicagt'cedLlil(,)lla]1101¢lltl)C,t'saiiipliti,gevci�it, Each Quarter will include one samp�ling event cis 0 E Quorter 1 r4 4- �JAN-MAR ARR-AINEF JULY-SEPT olc'r-vfc' 0 �SE5 SE6 SE7 FIELDSAMPLING PERSONEL PER SON'tt PERSONEL PERSONNEL U) 0 $14,393.88 $1,14,,$,94, $,14,394: $14,394 TRAVEL,SUPPLIES, TRAVIEL,SUPPLIES, TRAVEL,SUPPLIES, !TRAVEL,SUPPOES, BOAT BOAT BOAT BOAT $5,316 $5,316 $5' ,316 0 WATER QUALITY WATeRQUALITY WATER QUALITY WATER QUALITY 0 LAO,ANALYSIS LA0,414ALYS,)S, LAB ANALYSIS LARANALYSK, $8J25 EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT, $0 $0 IN DIRECT COSTS, IN OlAktiC,OSTS' IN DIRECT COSTS IINDIREC,"T POS 0 $6,709 $6,709 TOTAL TOTAL TOTAL TOTAL $34,S43 $34,543'�� $34,543 $,34,,543 E 4- 0 D x W E 25 Packet Pg. 2417 FLORIDA KEYS WA-rER QUALITY MON[TORING SERVICES fi t" Xiarter and fask. UDGEIT WORKS HEETS YQ '"I'lle (JI'livel-sity cal` Miami will submit invoices to Moii�ive County onflie follovving &ttes: March 3P1., and Nla, 11, 2)02 1" TASK I Year 4: No samples will he collected. All samples collected in the last quarter ol' 2020 will bit 2 processed and data prepwed R)r DEP 0 E Quarter I er 2 4- JAN-MAR APR-MAY, 0 DATA ENTRY FINAL REPORT PERSONEL PERSOINEL $14,535.75 $14j535,15 U) TRAVEL,SUPPLIES, TRAVEL,,,W,P01,1,115S, 0 BOAT BOAT 0 $2,9150 $2,950, WATER QUALITY WATER,QUALITY LAB ANALYSIS LAB ANALYSIS $0 EQUIPMENT EQUIPMENT $0 0 INDIRECTCOSTS IN DIRECT COST$ $5,605 $.5,6% TOTAL TOTAL $23,090 $2,3,090 0 E 4- 0 M x W E 26 Packet Pg. 2418 0.10.c Payment Schedule TASK 1 Deliverable Invoice Invoice timeline 2018-Year Training $18,070 $18,070/quarter September 30t", 2018 2018-Year QAPP $16,680 $16,680/quarter December 3111, 2018 w 1 � 2019-Year Samples $538.05/sample $141,616 (263 March 3111,�June .) ' September 30t", and 2 samples) December')1 2019 M 2020-Year Samples $538.05/sample $138,172 (257 March 31St, June 3011, September 30t", and 3 samples) December 31 2020 4021-Year Data Entry $23,090 $23,090/quarter March 31It, 2021 2021-Year Final 4 Report $23,090 $23,090/quarter May 31 st, 2021 0 TOTAL $360,718 Payment should be made to: University of Miami Attn: Office of Research Administration P.O. Box 405803 Atlanta, GA 30384-5803 C 0 C 0 4- 0 Co 4i C 0 27 Packet Pg. 2419 0.10.c EXHIBIT D DEP GRANT AGREEMENT MN008 ATTACHED 0 4- 0 a U) 0 �s 0 a a a a x 28 Packet Pg. 2420 0.10.c ACORO® DAT8 8/Do 8YYY) CERTIFICATE OF LIABILITY INSURANCE 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 t..: certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c U) PRODUCER CONTACT '00 M Aon Risk services, inc of Florida NAME: 1001 Brickell Bay Drive (a/cNtu.Ext): (866) 283-7122 FAX (800) 363-0105 Suite 1100 E-MAIL O Miami FL 33131 USA ADDRESS: _ M INSURER(S)AFFORDING COVERAGE NAIC# 5 INSURED INSURERA: Lloyd's Syndicate No. 2003 AA1128003 0 Uni Versi tV Of Miami INSURER B: National Union Fire Ins Co of Pittsburgh 19445 1320 S. DIXIE HIGHWAY,SUITE 1200 Coral Gables FL 33146 USA INSURER C: American Home Assurance Co. 19380 a INSURER 0: New Hampshire Insurance Company 23841 (� INSURER E: INSURER F: U) COVERAGES CERTIFICATE NUMBER: 570072773704 REVISION NUMBER: 0 U THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD L_ 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 TYPE OF INSURANCE D S BR POLICY NUMBER O C O C P LIMITS MMID LTR INSD WVD DIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY CSUSA1702665 EACH OCCURRENCE $1,500,000 SIR applies per policy terns & conditions DAMAGEORENTED $1,500,000 CLAIMS-MADE E OCCUR PREMISES Ea occurrence X SIR-$500,000 MED EXP(Any one person) Excluded PERSONAL&ADV INJURY $1,500,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $1,500,000 X POLICY ❑JECT LOC PRODUCTS-COMP/OPAGG S1,500,000 0 OTHER: B AUTOMOBILE LIABILITY CA 7093330 10/15/2017 10/15/2018 COMBINED SINGLE LIMIT $1,500,000 Fleet B Ea accident B X ANY AUTO CA 7093329 10/15/2017 10/15/2018 BODILY INJURY(Per person) C Z a OWNED SCHEDULED Fleet A/Physi Cal Damage BODILY INJURY(Per accident) a AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED AUTOS NON-OWNED Per accident w ONLY AUTOS ONLY t 0 4 UMBRELLALIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION D WORKERS COMPENSATION AND WC013778837 10/15/2017 10/15/2018 X PER STATUTE 0 H- � EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN A05 E.L.EACH ACCIDENT $1,000,000 D OFF ICERIMEMBEREXCLUDED? � NIA WC013778838 10/15/2017 10/15/2018 ag (Mandatory in NH) AZ KY NC NJ NY PA VA VT E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes, O under D E.L.DISEASE-POLICY LIMIT $1,000,000—_ DESCRIPTION N OF OPERATIONS below B Excess WC XWC4595556 10/15/2017 10/15/2018 EL Each Accident $500,000 FL EL Disease - Policy $500,000�3 SIR applies per policy terns & conditions EL Disease - Ea Emp' $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) i Certificate Holder is included as Additional insured in accordance with t! � � Nral Liability and Auto Liability policies. — CO Jod BY DATE WAIVER YES— CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. o Monroe County AUTHORIZED REPRESENTATIVE ' Board of County commissioners 1100 Simonton Street gig , The GatoBuilding, Room 2-205 West Key west FL 33040 USA cXlo72 �Yce4 �. y" �E ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2421 0.10.c AGENCY CUSTOMER ID: 570000037109 LOC#: "4 ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services, Inc of Florida University of Miami POLICY NUMBER see Certificate Number: 570072773704 CARRIER NAIC CODE see Certificate Number: 570072773704 EFFECTIVE DATE: (/) 888 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance O INSURER A S)AFFORDING COVERAGE NAIC# 4— INSURER O INSURER ° INSURER f!5 U) INSURER O U O ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR POLICYNUMBER LIMITS LTR TYPE OF INSURANCE INSD wVD EFFECTIVE EXPIRATION DATE DATE ° (MM/DD/YYYY) (MM/DD/YYYY) O WORKERS COMPENSATION ° O C N/A wc013778835 10/15/2017 10/15/2018 CA D N/A wc013778836 10/15/2017 10/15/2018 MA NO OH WI ° O ° O 4- 0 X UJ ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2422 0.10.c DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/22/2018 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Uy PRODUCER CONTACT •p M Aon Risk services, Inc of Florida NAME: 1001 Brickell Bay Drive ((A/CNo.Ext): (866) 283-7122 (ac.No.): (800) 363-0105 Suite 1100 E-MAIL O O Miami FL 33131 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# U) INSURED INSURERA: Lloyd's Syndicate No. 2003 AA1128003 University of Miami INSURER B: 1320 S. DIXIE HIGHWAY,SUITE 1200 Coral Gables FL 33146 USA INSURER C: ° INSURER D: 4� INSURER E: (/) INSURER F: 888 COVERAGES CERTIFICATE NUMBER: 570072731822 REVISION NUMBER: O L3 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY) (MMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CSUSA1702 65 EACH OCCURRENCE $1,500,000 SIR applies per policy terns & conditions DAMAGE To RENTED $1,500,000 CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence ° X SIR-$500,000 MED EXP(Any one person) EXCl uded PERSONAL 8 ADV INJURY $1,500,000 N ° GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $1,500,O00 O X POLICY ❑JRO- ECT LCC _ PRODUCTS-COMP/OP AGG $1,500,000 r OTHER: 0 0 h AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'D Ea accident ANY AUTO BODILY INJURY(Per person) c OWNED SCHEDULED BODILY INJURY(Per accident) aC ° AUTOS ONLY AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE U ONLY AUTOS ONLY Per accident = AGEm UMBRELLALIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE 8 .....�- / AGGREGATE DED RETENTION ��/ 71 WORKERS COMPENSATION AND YIN WAIVER N , '/ �S- PER STATUTE ERH- 4) EMPLOYERS'LIABILITY /t�� ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ NIA 4) (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) t certificate Holder is included as Additional insured in accordance with the policy provisions of the General Liability policy. ' �E 4 v -�= x CERTIFICATE HOLDER CANCELLATION F 4) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Lz f� _Monroe county AUTHORIZED REPRESENTATIVE a'= Board of County Commissioners 1100 Simonton street The Gato Building, Room 2-205 c(Xl'Ya/tea JtJJGIf soda Key West FL 33040 USAQ 7lGL ^cc ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2423 0.10.c DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 0 8/2 212 01 8 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 ' (n certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 888 PRODUCER ICOONNTACT AOn Risk Services, Inc of Florida PHONE FAX 0) 4� 1001 Bri ckel l Bay Drive (A/C.No.Ext): (866) 283-7122 (A/C.No.): (800) 363-0105 v 0 Suite 1100 E-MAIL Miami FL 33131 USA ADDRESS: _ M INSURER(S)AFFORDING COVERAGE NAIC# (5 INSURED INSURER A: Lloyds Syndicate No. 2003 AA1128003 0 Uni Versi tv Of Miami INSURER B: National Union Fire Ins Co Of Pittsburgh 19445 1320 S. DIXIE HIGHWAY,SUITE 1200 Coral Gables FL 33146 USA INSURERC: American Home Assurance Co. 19380 a INSURERD: New Hampshire Insurance Company 23841 INSURER E: INSURER F: 88) COVERAGES CERTIFICATE NUMBER:570072731831 REVISION NUMBER: O THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I.- 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 asINSR requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CSUSA17 2 5 EACH OCCURRENCE $1,500,000 CLAIMS-MADE OCCUR SIR applies per policy terns & conditions DAMAGE O ED $1,500,000 PREMISES Ea occurrence X SIR-$500,000 MED EXP(Any one person) Excluded PERSONAL&ADV INJURY $1,500,000 pj a GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $1,500,000 c� X POLICY ❑ECT LOC PRODUCTS-COMP/OPAGG $1,500,000 n OTHER: o r B CA 7093330 10/15/2017 10/15/2018 COMBINED SINGLE LIMIT ° AUTOMOBILE LIABILITY $1,500,000 Fleet B Ea accident , B X ANY AUTO CA 7093329 10/15/201710/15/2018 BODILY INJURY(Per person) 0 SCHEDULED Fleet A/ph sical Damage Z OWNED y 9 BODILY INJURY(Per accident) .0-. AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE 2 ONLY AUTOS ONLY Per accident w G7 UMBRELLA LIAB OCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION D WORKERS COMPENSATION AND 1VC013778837 10/15/2017 10/15/2018 X PER STATUTE OTH- EMPLOYERS'LIABILITY YIN ADS ER ANYPROPRI-70R/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 D OFFICER/MEr ER EXCLUDED? NIA wc013778838 10/15/2017 10/15/2018 (Mandatory in NH) AZ KY NC NJ NY PA VA VT E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000—_ B Excess WC XWC4595556 10/15/2017 10/15/2018 EL Each Accident $500,000— FL EL Disease - Policy $500,000®� SIR applies per policy ter If, s & condi I ions EL Disease - Ea Emp' $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. :5 IiN _-tam s� e.a CERTIFICATE HOLDER CANCELLATION .ems 4) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE �- EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE -' POLICY PROVISIONS. -- �� State of Florida AUTHORIZED REPRESENTATIVE P-9 Department of Environmental Protection 3900 Commonwealth Bouleva99-3000 USA Tallahassee FL 32399-3000 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2424 0.10.c AGENCY CUSTOMER ID: 570000037109 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services, Inc of Florida university of Miami POLICY NUMBER See Certificate Number: 570072731831 CARRIER NAIC CODE See Certificate Number: 570072731831 EFFECTIVE DATE: (/) 881 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS ASCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# U) 4- INSURER INSURER ° INSURER (� U) INSURER C9 4- ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR POLICYNUMBER LIMITS LTR TYPE OF INSURANCE INSD WVD EFFECTIVE EXPIRATION DATE DATE ° (MMIDD/YYYY) (MNIIDD/YYYY) WORKERS COMPENSATION 0 t_ N/A WC013778835 10/15/2017 10/15/2018 CA D N/A WC013778836 10/15/2017 10/15/2018 MA No OH WI 0 ° 0 4- 0 X ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2425 0.10.c 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 FL Keys Reasonable Assurance Plan Water Quality Monitoring MN008 t!5 2. Parties State of Florida Department of Environmental Protection, Uy 3900 Commonwealth Boulevard M Tallahassee,Florida 32399-3000 (Department) Grantee Name:Monroe County Board of County Commissioners Entity Type: Local government Grantee Address: 1100 Simonton Street,Key West,Florida 33040 FEID: F596000749006 A (Grantee) 4- 0 3. Agreement Begin Date: Date of Expiration: Upon execution June 30,2021 4. Project Number:MN008 Project Location(s): (IfdifferentfromAgreenientNumbet) The near shore waters of the Florida Keyes Project Description: A contractor selected by Monroe Co.will perform water quality monitoring and submit data to FDEP's Water t� Information Network(see scope of work)for use in assessing water quality in the near shore waters of the Florida Keys. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): _ ® State ❑Federal GAA Line item 1624,FY 16-17 $51,978.00 $360,718.00 ❑ State gFederal Award#C-00476018 $128,281.00 ❑ State [--]Federal ❑ State ❑Federal 0 6. Department's Grant Manager Grantee's Grant Manager Name: Julie Espy Name: Rhonda Haag or successor or successor Address. 2600 Blair Stone Rd.MS 3515 Addtess:1100 Simonton Street Tallahassee,FL 32301 Key West,FL 33040 ° 0 Phone: 850-245-8416 Phone:305-453-8774 Email: julie.espy@dep.state.fl.us Email:Haag-Rhondana,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: W Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements ®Attachment 2:Special Terms and Conditions 9 Attachment 3:Scope of Work and Conditions(Grant Work Plan) E Z Attachment 4:Public Records Requirements Z Attachment 5:Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements 4- W Attachment 7:Grant Award Terms(Federal) 0 Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): Z Exhibit A:Progress Report Form ❑ Exhibit B:Disclosure of Lobbying Activities(Federal) ❑ Exhibit C:DEP Property Reporting Form 9 Exhibit D:Payment Request Summary Form W Exhibit E:Quality Assurance Requirements ❑ Exhibit F:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. MN008 Rev. 2/13/2018 Packet Pg. 2426 0.10.c 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200:33l(a)(1): Federal Award Identification Number(s)(FAIN):- Federal Award Dale to Department: Total Federal Funds Obligated by this Agreement- Federal Awarding Agency: M Award R&D? . l] Yes ON/A. oa IN WITNESS WHEREOF,this Agreement is being executed by the Parties and is effective on the date in the Agreement Begin Date above or the last date signed below,whichever is Inter. 9.Monroe County Board of County Commissioners E GRANTEE Grantee Name "r 4- 0 By (Authorf_editnature) Dale Signed ao cos U) Print Name and Title of Person Signing 10. State of Florida Department of Environmental Protection___ -_. DEPARTMENT "- By Secretary or Designee _ Date Signed 0 Print Name and Title of Person Signing -" L-1 Additional signatures attached on separate page. ANEY tom• J.MERCADO t>��sT q 70 4- 0 X DEP Agreement No. MN008 Rev.2/13/2018 Packet Pg. 2427 0.10.c 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 attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior 2 U) agreements,whether written or oral,with respect to such subject matter. Any preprinted terms and conditions included 4- on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions between the documents that make up the Agreement, the order of precedence for the documents is as follows: i. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement U ii. 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 between 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. 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. W 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: 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 3,Grant Work Plan,that exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. A change order to this Agreement may be used 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 3, Grant Work Plan, are less than ten percent (10%) of the total budget as last approved by the Department, or without limitation to changes to approved fund transfers between budget categories for the purchases 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. 4- 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 the 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. Attachment 1 1 of 12 Rev.5/25/2018 Packet Pg. 2428 O.10.c 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 security and safety requirements and processes,if provided by the Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time whether the services or qualifications offered by the Grantee meet the Agreement requirements. Notwithstanding any provisions to the contrary,written acceptance of a particular deliverable/minimum requirement does not foreclose the Department's remedies in the event those performance standards that cannot be readily 2 measured at the time of delivery are not met. , 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by the 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 the Grantee's expense.If the 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 the Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at the Grantee's sole expense.The Grantee shall only invoice the Department for deliverables that are completed in accordance with the Grant Work Plan. 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 the Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which the Grantee may remedy the objections noted by the Department.The Grantee's failure to make adequate or acceptable said deliverables after a reasonable opportunity to do so may 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.These consequences for ° nonperformance shall not be considered penalties. b. Corrective Action Plan. If the Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe,the Department may, in its sole discretion,request that a proposed Corrective Action Plan (CAP)be submitted by the Grantee to the Department. The Department shall provide the Grantee with a written request for a CAP that specifies the outstanding deficiencies. 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)calendar days of the date of the written request from the Department.The CAP shall be sent to the Grant Manager for review and approval. Within ten (10)calendar days of receipt of a CAP,the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,the Grantee shall have ten(10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result 4- in the Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten(10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee,the Department shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. 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 the Department may result in termination of the Agreement. Attachment 1 2of12 Rev.5/25/2018 Packet Pg. 2429 0.10.c 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 the Department,the Department agrees to pay the Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).To M obtain the applicable interest rate,please refer to: http://www.myfloridaefo.com/Division/AANendors/default.htm. U) b. Taxes. The Department is exempted from payment of State sales and 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 the Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with the Department.The Grantee shall not use the Department's exemption number in securing such materials. 2 The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes A 4- 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 the 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 D, Payment Request Summary Form. To be eligible for t3 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.myfloridacfo.com/aadir/reference guide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department pursuant to the Grant Work Plan shall be submitted to the Department in sufficient detail for a proper pre-audit and post-audit to be performed. f. Interim Payments.ents. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by the Department's Grant Manager. g. Final Payment Request.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 ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the completion date of the Agreement. h. Annual Appropriation Contingency. The State of Florida'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 the 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. 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. Salary/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 4- match requirements. b. Overhead/Indirect/General and Administrative Costs. If the 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 the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit,the Grantee shall be required to reimburse such funds to the Department within thirty ®_ (30)calendar days of written notification.Interest 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 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 eligible 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 shall be charged on Attachment 1 3of12 Rev.5/25/2018 Packet Pg. 2430 0.10.c 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 P (vendor) g P PP Y Y 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 the Department for fixed- 2 price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a A 4- 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 the Department to award a fixed-price subcontract resulting from procurement methods other than those identified 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. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055,F.S.or the Brooks Act,the 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 the Grantee's direct purchase of equipment is subject to specific approval of the 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 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 the Grantee's contract obligations to its subcontractor, the 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,the 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 the 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) calendar 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 the Grantee within thirty(30)days. Attachment 1 4of12 Rev.5/25/2018 Packet Pg. 2431 0.10.c 11. Retainage. The following provisions apply if the 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 to a maximum percentage described in the Special Terms and Conditions.Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. M b. The Department reserves the right to withhold payment of retainage for Grantee's failure to respond to or correct M identified deficiencies within the timeframe stipulated in the Grant Work Plan. The Department shall provide written notification to Grantee of identified deficiencies and the Department's intent to withhold retainage. E Grantee's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will 2 result in forfeiture of retainage by Grantee. c. 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 for the work and the retainage called for under the entire Grant Work Plan. 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. d. No retainage shall be released or paid for incomplete work while this Agreement is suspended. e. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided U Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. - - 12. Insurance. a. 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: i. 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 of Environmental Protection,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$200,000 each individual's claim and$300,000 _ each occurrence. ii. 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. 0 iii. 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 of Environmental Protection,its employees,and officers shall be named as an 4- 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 iv. Other Insurance. Additional insurance may be required by federal law,where applicable,if any work proceeds over or adjacent to water,including but not limited to Jones Act,Longshoreman's and Harbor .. Worker's,or the inclusion of any applicable rider to worker's compensation insurance,and any M 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 (http://www.dol.gov/owep/dlhwc/Iscontac.htm)or to the parties'insurance carrier. b. 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 Attachment 1 5of12 Rev.5/25/2018 'The foregoing notwithstanding,nothing herein shall constitute a waiver of the right of the insured to assert sovereign immunity. Packet Pg. 2432 0.10.c 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. c. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. Further,notwithstanding the requirements above,if Grantee is self-insured,then the Department of Environmental Protection,its employees,and officers do not need to be listed as additional insureds. d. 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 2 A Grantee providing such insurance. , e. Proof of Insurance. Upon execution of this Agreement,the Grantee shall provide the 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 the Department,the Grantee shall furnish the Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-insured authorization,or other certification of self-insurance. f. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,the Grantee shall immediately notify the 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)calendar days after'the cancellation of coverage. 13. Termination. a. Termination for Convenience. The Department may terminate the Agreement in whole or in part by giving 30 days'written notice to the Grantee,when the Department determines,in its sole discretion,that it is in the State's interest to do so. The Department shall notify the 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 shall not furnish any service or deliverable after it receives the notice of termination,unless otherwise instructed in the notice. The Grantee shall not be entitled to recover any cancellation charges or lost profits. 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. W b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described below occur or in the event that the Grantee fails to fulfill any of its other obligations under this Agreement.The ° Grantee shall continue work on any portion of the Agreement not terminated. If,after termination,it is determined that the 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 the Department.The rights and remedies of the 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, and except as otherwise directed by the Department,the Grantee shall stop performing services on the date,and C to the extent specified,in the notice. 14. Notice of Default. If the Grantee defaults in the performance of any covenantor obligation contained in the Agreement, including, without limitation, any of the events of default listed below, the Department shall provide notice to the Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to 4- 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, the Grantee will be found in default, and the 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 the Department or outside the reasonable control of the 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 the 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 0 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. Attachment 1 6of12 Rev.5/25/2018 Packet Pg. 2433 0.10.c 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 the like furnishing labor or materials, or failure,to make payment to any other entities as required herein in connection with the 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;and 2 A i. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the 4- specified 30-day period,the Grantee(including its receiver or trustee in bankruptcy)provides to the Department adequate assurances,reasonably acceptable to the 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 the Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of the Grantee's business or property; and/or iv. An action by the 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 the 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,the Grantee shall comply with the notice.Within 90 days,or any longer period agreed to by the parties,the 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 the 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 the 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 the Grantee's control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Grantee. In case of any delay the Grantee believes is excusable,the Grantee shall notify the 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 the 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 the 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 the Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the 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 the Grantee shall perform at no increased cost,unless the Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to the Department, in which case the Department may(1)accept allocated performance or deliveries from the Grantee,provided that the Grantee grants preferential treatment to Department with respect to products subjected to allocation;(2)contract with other sources(without recourse to and by the 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 the Agreement in whole or in part. Attachment 1 7of12 Rev.5/25/2018 Packet Pg. 2434 0.10.c 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 the 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 the M M Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of the Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon the 2 Department giving the Grantee(1) written notice of any action or threatened action; (2)the opportunity to take 4- 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 the Department in any legal action without the Grantee's prior written consent,which shall not be unreasonably M withheld. c. Notwithstanding sections a.—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 of Florida 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 the Department to hold harmless or indemnify the Grantee, insure or assume liability for the Grantee's negligence, waive the Department's sovereign immunity under the laws of Florida, or otherwise impose liability on the 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 in this Agreement shall be construed to make the Grantee liable for force majeure events. Nothing in this ° Agreement, including financial consequences for nonperformance, shall limit the 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 the 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. The delay or failure by the Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of the 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 the Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible 4- 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. Attachment 1 8of12 Rev.5/25/2018 Packet Pg. 2435 0.10.c 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 the 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 2 A maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the 4- 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 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 4- 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 the Grantee and the State, the 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,the Grantee shall similarly require each subcontractor to maintain and allow Attachment 1 9of12 Rev.5/25/2018 Packet Pg. 2436 0.10.c access to such records for audit purposes. Upon request of the Department's Inspector General, or other authorized State official,the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to the 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.myflorida.com/libra[y-archives/records-mana eg ment/general-records-schedules/). 0 27. Audits. 2 A a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5), F.S.,to cooperate with the 4- 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 Agreement,if any,impose this requirement,in writing,on its sub-grantees. 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 the Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease,the 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,the Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination"(form number DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following website:https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the 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 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)calendar 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,the Grantee,or subrecipient, _ shall establish a system to provide adequate fund accountability for each project it has been awarded. i. 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. Attachment 1 10 of 12 Rev.5/25/2018 Packet Pg. 2437 0.10.c ii. 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 and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department. 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. 2 A The Grantee is an independent contractor and is not an employee or agent of the Department. , 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions,all services contracted for are to be performed solely by the Grantee and may not be subcontracted or assigned without the prior written consent of the Department. 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 the 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 the Grantee of its obligation to perform all work incompliance 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 the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny the Grantee's employees, subcontractors,or agents access to meetings within the Department's facilities,unless the basis of the 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 W 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. a 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 the 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 the Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If the Grantee is a subsidiary of another corporation or other business entity,the Grantee asserts that its parent company 0 will guarantee all of the obligations of the Grantee for purposes of fulfilling the obligations of the Agreement. In the event the Grantee is sold during the period the Agreement is in effect,the Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of the Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration 4- 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 the Grantee, its agents,servants, and employees,nor shall the Grantee disclaim its own negligence to the 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 the Department consents to a subcontract,the 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. Attachment 1 11 of 12 Rev.5/25/2018 Packet Pg. 2438 O.10.c 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 the Agreement must comply with all security and administrative requirements of the 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 the Department.In the event of any assignment,the Grantee remains secondarily liable for performance of the Agreement,unless the Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to the 2 Grantee of its intent to do so. - 37. Prohibited Local Government Construction Preferences. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which 50 percent(50%) or more of the cost will be paid from state-appropriated funds that 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; 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. For any competitive solicitation that meets the criteria of this section, a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by this section. 38. Prohibited Governmental Actions for Public Works Projects. Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers and prohibited from restricting qualified bidders from submitting bids. a. "Political subdivision" means separate agency or unit of local government created or established by law or ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other municipality; or a department, commission,authority,school district,taxing district,water management district, board, public corporation, institution of higher education, or other public agency or body thereof authorized to ° expend public funds for construction,maintenance,repair or improvement of public works. b. "Public works project"means an activity of which fifty percent(50%)or more of the cost will be paid from state- appropriated funds that were appropriated at the time of the competitive solicitation and which consists of construction,maintenance,repair,renovation,remodeling or improvement of a building,road,street,sewer,storm drain,water system,site development,irrigation system,reclamation project,gas or electrical distribution system, gas or electrical substation, or other facility, project,or portion thereof that is owned in whole or in part by any political subdivision. c. Except as required by federal or state law,the state or political subdivision that contracts for a public works project may not require that a contractor,subcontractor or material supplier or carrier engaged in such project: i. Pay employees a predetermined amount of wages or prescribe any wage rate; ii. Provide employees a specified type,amount,or rate of employee benefits; iii. Control,limit,or expand staffing; or iv. Recruit,train,or hire employees from designated,restricted,or single source. d. For any competitive solicitation that meets the criteria of this section, the state or political subdivision that contracts for a public works project may not prohibit any contractor,subcontractor,or material supplier or carrier able to perform such work who is qualified, licensed,or certified as required by state law to perform such work _ from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and Section 287.134,F.S. e. Contracts executed under Chapter 337,F.S.are exempt from these prohibitions. 39. 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 12 of 12 Rev.5/25/2018 Packet Pg. 2439 0.10.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT SPECIAL TERMS AND CONDITIONS AGREEMENT#MN008 ATTACHMENT 0 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. 2 A 4- 1. Scope of Work. The Project funded under this Agreement is FL Keys Near Shore monitoring. The Project is defined in more detail in the Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on execution of the agreement and continues for 36 months, which shall be defined as the grant-agreement Service Period. Additional service periods shall be requested and authorized by the Department on an annual basis and must be evidenced by a formal Amendment to this Agreement. Additional service periods may not exceed beyond the expiration date of this Agreement. b. Extensions. There is one extension available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and-administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement agreement. The Grantee shall be compensated under this .� Agreement as described below. b. Invoicing.Invoicing will occur quarterly. a c. Advance Pay. Advance Pay is not authorized under this Agreement. a 4. Costs 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 ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. ® © Contractual(Subcontractors) ❑ ❑ Travel ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition No Equipment purchases shall be funded under this Agreement. There will be no Land Acquisitions funded under this Agreement. a0 5. Match Requirements. Attachment 2,Agreement#MN008 1 of 2 Rev. 11/7/17 Packet Pg. 2440 0.10.c The Agreement requires at least a 50% match on the part of the Grantee. Therefore,the Grantee is responsible for providing$130,362 through cash or third party in-kind towards the work funded under this Agreement. The Grantee may claim allowable project expenditures made on or after upon execution for purposes of meeting its M match requirement as identified above. Each payment request submitted shall document all matching funds and/or match efforts(i.e.,in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 6. Quality Assurance Requirements. - The Grantee shall develop and implement quality assurance practices consisting of policies,procedures, specifications,standards,and documentation sufficient to produce data of quality adequate to meet Project objectives and to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160,Florida Administrative Code,and the Quality Assurance Requirements for Department Agreements,attached hereto and made part hereof as Exhibit E,Quality Assurance Requirements for Contracts and Grants,if applicable.If the Project does not involve environmentally-related measurements or data generation,this Attachment shall not be required and shall be intentionally excluded. 7. Additional Lobbying Requirements for Federally-Funded Agreements This Agreement is not federally funded. 8. Miscellaneous Contract Terms. 0 a. Retainage. _ No retainage is required under this Agreement. b. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Grant Manager.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. ° c. State-owned land. The work will not be performed on State-owned land. d. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 9. Additional Terms. 4- 0 x Attachment 2,Agreement#MN008 2 of 2 Rev. 11/7/17 Packet Pg. 2441 O.10.c DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT#: MN008 ATTACHMENT 3 U) M 0 PROJECT TITLE: FL Keys Near Shore Monitoring A PROJECT LOCATION: The Project will be located in Monroe County, Florida. Monitoring activities will primarily occur within the near shore waters(within 500m of the keys coastline). a PROJECT BACKGROUND: The Florida Keys Reasonable Assurance Documentation (FKRAD) was approved by the Florida Department of Environmental Protection (FDEP or Department) for Nutrients in 2008 and provided to the Envirorunental Protection Agency (EPA) in February 2009. The FKRAD was U) 0 developed by the Department in cooperation with local governments, state agencies, and federal agencies �3 within the Florida Keys to set forth and accelerate the actions that have been taken or were planned to be taken to reduce nutrient loadings to near shore waters throughout the Florida Keys so that water quality standards are met and beneficial uses are restored. The Florida Keys Reasonable Assurance Plan was divided into several documents and can be found at http://www.dep.state.fl.us/Water/watersheds/rap.htm The near shore waters comprise 23 estuarine WBIDs (WaterBody IDentification units) classified as Class a III waters (Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife) subject to the applicable water quality standards and assessment methodology set forth in Chapters 62-302 (Surface Water Quality Standards) and 62-303 (Identification of Impaired Surface Waters,IWR) of the Florida Administrative Code (F.A.C.). A map of the 23 WBIDs is included in Figure 1 below providing the planning units(Upper Keys,Middle Keys,and Lower Keys)and cities. a PROJECT DESCRIPTION: Comprehensive monitoring will be performed to collect sufficient nutrient 0 data to evaluate the FKRAD for the 23 FKRAD WBIDs, in order, to determine FKRAD nutrient compliance and support the Department's Impaired Waters assessments. The monitoring will consist of collecting an estimated 252 samples at 60-65 stations with 4 samples collected at each station in a calendar year for two consecutive years, and at least one sample collected between May 1 and September 30 and at least one sample collected during the other months of the calendar year. Note, most of the E sample locations will require a boat for accessibility and two staff per sampling team. 4- 0 TASKS and DELIVERABLES: Attachment 3,DEP Agreement#:MN008 1of10 Rev.2/13/2018 Packet Pg. 2442 0.10.c Florida Keys RAD WBIDs �,s a Figure 1. FKR4D RAD WBIDs h{ey Lahga ��i� L ct: its ' ct: Upper�Keys `,� O Wddse Keyn 4esan E Pillage v1 tsramera+3a p tM WCO L •,�� cts Layton City ealx Marathon ' N K+�y Coiony Beach O so-tp V L. Lower Keys sv„c sole 0 Q sett a iarlhs J_ ip1;a' yh,rhnlxc Koy Wost ro+an solar `wti ions Ptannmg Unds C ra1aA ee+xh • Cites S villages L O saur FKRAD WBOs WaA W14 O Q ZS� C 'L O r O r C d E d d L CQ G 4- 0 k Lu C� C cx Q Attachment 2,DEP Agreement ft:MN008 2of10 Rev.2J t 3120E 8 Packet Pg. 2443 O.10.c Task#1 : DEP Water Quality Monitoring Training Task Description: The Grantee or its subcontractors,including all personnel who will perform any aspect of the field sampling associated with this grant,will attend and participate in DEP sanctioned water quality sampling training. This training will be provided or supported by DEP and will include U) presentations and demonstrations consistent with DEP sampling Standard Operating Procedures(SOPs). M The Grantee and/or its subcontractors are expected to adhere to these SOPS when performing tasks under this grant agreement. A 4- Deliverable #1 : Proof of attendance and participation at a DEP sanctioned water quality sampling training event. This should be an event sign-sheet or similar document confirmed by DEP personnel or contractor approved to provide the training. cas U) Performance Standard: The Department's Grant Manager will ensure the training is made available to the Grantee and its subcontractors and that the training complies with this Agreement and the quality assurance requirements. 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. 0 Task Budget: Allowable budget categories and costs for this task include contract services ($9,035 DEP and 50%match of$9,035 from Monroe Co. for total of$18,070) Task Start and End Dates: Deliverable 1:No later than 30 days before first sampling event Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the task end date. .� ° ° 0 4- 0 x Attachment 2,DEP Agreement#: MN008 3 of 10 Rev.2/13/2018 Packet Pg. 2444 O.10.c Task#2 : Quality Assurance Project Plan Task Description: The Grantee will prepare,submit,and receive approval on a Quality Assurance Project Plan (QAPP) prior to commencement of any monitoring associated with the project. The QAPP must specify the sampling procedures, locations, instruments, and parameters to be sampled. It must also include all laboratory methods and procedures to be used in analyzing the samples, all U) associated reporting elements, and all other information as stated in Attachment E. The Grantee will use the format provided by the Department's Grant Manager, if applicable.The Grantee shall perform technical review audits according to Attachment E(5b). A 4- Deliverable #2a : Draft QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request,the Grantee will provide a paper copy of the Draft QAPP to the Department's Grant Manager. Performance Standard: The Department's Grant Manager will ensure review of the draft QAPP for compliance with this Agreement and the quality assurance requirements, to ensure 0 sufficient monitoring is planned to measure project effectiveness, and provide comments to the Grantee as needed prior to Final QAPP submittal. Deliverable #2b Final Department-approved QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request, the Grantee will provide a paper copy of the Final QAPP to the Department's Grant Manager. Performance Standard: The Department's Grant manager will review the Final QAPP to ensure that draft comments have been incorporated and the Final QAPP is in compliance with this Agreement and the quality assurance requirements. Upon review and written approval by the Department's Grant Manager of the Final QAPP,the Grantee may-proceed with payment request submittal. Deliverable #2c : The Grantee shall provide a summary of their technical review audits following Attachment E(5b). These audits shall be performed initially,within 30 days after the first sampling event,and quarterly until Task 2 is completed. Performance Standard: The Department's Grant manager will review the technical review audits to ensure monitoring is performed according to the QAPP. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement E upon completion of the task and Department approval of all associated task deliverables. Task Budget: Allowable budget categories and costs for this task include contract services ($8,340 DEP and 50%match of$8,340 from Monroe Co.for total of$16,680) Task Start and End Dates: Deliverable 2a:Before November 1,2018,Deliverable 2b:No later than 30 days before first sampling event,Deliverable 2c:Within 30 days after first sampling event and then quarterly(within 30-days after sampling events each quarter)until Task 3 is completed. Deliverable Due Date: All task related work must be completed by, and all deliverables must be ®_ received by,the task end date. Attachment 3,DEP Agreement#:MN008 4of10 Rev.2/13/2018 Packet Pg. 2445 0.10.c Task#3: Monitoring Task Description: The Grantee will conduct monitoring in accordance with the Department- approved QAPP for this project (see Task #2. Comprehensive monitoring will be performed to evaluate FKRAD nutrient compliance and support the Department's Impaired Waters assessments. U) Samples will be collected for total Kjehldahl nitrogen, nitrate+nitrite, total phosphorus, and chlorophyll-a; and field measurements taken for dissolved oxygen (percent saturation), pH, specific conductance, and water temperature. The monitoring will consist of collecting an estimated 252 samples at 63 stations with 4 samples collected at each station in a calendar year for two 2 consecutive years, and at least one sample collected between May 1 and September 30 and at 4- least one sample collected during the other months of the calendar year. Sampling procedures and methods should comply with DEP SOPS and laboratory method detection limits should be comparable to those in Table 1 below. Training on DEP SOPS will be provided prior to any sampling and must be attended by every person who will be collecting samples as part of this agreement. cis U) Deliverable 3a: A summary of the samples collected and delivered to the lab for analysis. Summary of completed monitoring activities(dates completed,sampling conducted and any not conducted and why, monitoring results along with interpretation of those results(as expected or not as expected submitted electronically, along with the draft or final(when submitting final request laboratory report and sampling logs(must also have field and weather datato the Department's Grant Manager. Upon request, the Grantee will provide a paper copy or copies to the Department's Grant Manager. These deliverables must be submitted 30 days prior to each payment request and may be submitted no more frequently than quarterly(on the 15th day of the month). Performance Standard: The Department's Grant Manager will review the monitoring results for completion and compliance with QAPP requirements. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with uploading data .� to WIN and payment request submittal. 0 Deliverable 3b: Laboratory and field sampling results data loaded to the DEP Watershed Information Network database. Data collected each quarter will be loaded to WIN by the end of the subsequent quarter (example: data collected in the first quarter will be loaded to WIN by the end of the second quarter). Performance Standard: The Department's Grant Manager will review the monitoring results for completion and compliance with QAPP requirements. Upon review and written acceptance by the as Department's Grant Manager of all deliverables under this task, the Grantee may proceed with uploading data to WIN and payment request submittal. Additional Financial Consequences: Costs for any monitoring that is not completed as outlined in the Department-approved QAPP may be discounted if included in the payment request. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per quarter. The outlined Deliverable(s must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. Task Budget: Allowable budget categories and costs for this task include contract services ($139,894 DEP and 50%match of$139,894 from Monroe Co.for total of$279,788) Task Start and End Dates: Start no later than March 1,2019 to catch the first quarter of 2019, end by December 30,2021. Deliverable Due Date: Deliverable 3: due by January 31,2021,but can be submitted more frequently. Attachment 3,DEP Agreement#:MN008 Rev.2/13/2018 5 of 10 Packet Pg. 2446 0.10.c Table 1.:List of Water Quality Parameters for Near Shore Monitoring Mtxod Parameter, Sample.Tv e Desctzption .A.na4 to Methad T�[ti tt. „p t!5 ?a Nitrte+Nitrate in aqueous NOS Water Grab matrices as mpJL as N EPA 353 2 Rev 2-0 0.00:4"n3glL 0 - E Total Phosphortis in agiieous TP Water Grab matrices as mg/L as P :" EPA 365.1;Rev_2-0 0-092 nagfL- Total Kieldabl Nitrogen in TKIV Water Grab aqueous matrices as,mg/L as N EPA 351 2 Rev'2.0 0-08 mg L O 4- Phytpp_lankton chlorophyll-a (corrected for pbaeophytin) - and Chlorophyll'a Water Grab haeo ectr hotoine SM 10200 It mad_ 1'0' !L p. Phy� oP by �, )) _ u _ Dissolved oxygen(DO) Dissolved Field concentration in water measured 0 Oxygen Measurement by field meter Discrete Measurement Not applicable Discrete Measurement Percent DO Field Percent DO saturation in eater Saturation , MeastuxIment ieasured by field meter Not applicable Discrete Measurement Field_ pl T level in tinter measured by pIi Measurement fielc meter Not:applicable " Discrete Measurement Specific Field Specific conductance of water Conductance Measiueinent: measured by field meter Not applicable• Discrete Measurement Wait Field -Water temperature treasured by 4- Temperature. Measurement field meter Not applicable x C ca Attachment 3,DEP Agreement#:MN008 6of10 Rev.2/13/2018 Packet Pg. 2447 O.10.c Task#4 : Final Report Task Description: The Grantee will prepare a Final Report summarizing the results of the project, including all tasks in the Grant Work Plan. The Final Report must include at a minimum: ■ Project location and background,project description and timeline,grant award amount U) M and anticipated benefits. ■ Financial summary of actual costs versus the budget, along with any changes required to the budget. Include any match or locally pledged contributions provided,along with 2 A other related project work performed outside of this Agreement to identify the overall project cost. ■ Discussion of project schedule versus actual completion, including changes required to a the schedule,unexpected site conditions and adjustments, significant unexpected delays and corrections, and/or other significant deviations from the original project plan. 0 ■ Summary of data entry activities completed as well as those not completed and why 0 ■ GIS files,maps, appropriate figures(site location, site plan[s]. etc.), appropriate tables ' summarizing data/information relevant to Grant Work Plan tasks, and appropriate attachments relevant to the project. ■ Summary of monitoring activities completed and any not completed and why,monitoring results, and an interpretation of data based on planned versus realized results. Deliverable #4a : An electronic copy of the draft Final Report in Word format submitted to the Department's Grant Manager for review prior to submission of the Final Report. Upon request, the Grantee will provide a paper copy of the draft Final Report. a C 0 C 4- 0 x 4i C 0 Attachment 3,DEP Agreement#:MN008 7of10 Rev.2/13/2018 Packet Pg. 2448 0.10.c Performance Standard: The Department's Grant Manager will review the submitted draft Final Report to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation into the Final Report. Deliverable#4b : An electronic copy of the Final Report,with all suggested changes incorporated, in Word or PDF format submitted to the Department's Grant Manager for review and approval. Upon request,the Grantee will provide a paper copy of the Final Report. cis Performance Standard: Upon review and written approval by the Department's Grant Manager of the Final Report,the Grantee may proceed with payment request submittal for this task. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement 2 upon completion of the task and Department approval of all associated task deliverables. Task Budget: Allowable budget categories and costs for this task include contract services ($23,090 DEP and 50%match of$23,090 from Monroe Co. for total of$46,180) Task Start and End Dates: Task must be completed by May 1, 2021 U) 0 0 Deliverable Due Date: Deliverable 4a:due March 1,2021;Deliverable 4b: due May 1,2021 PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables must be received by the designated due date. 0 ° ° 0 4- 0 Task/ Deliverable Deliverable Task Start Task End Due Date/ No. Task or Deliverable Title Date Date Frequency i` DEP Water"Quality Monttoring Traifung Before oet s 201s"`Oct 3 t 2018 One time" `. 2 Quality Assurance Project Plan Before Nov.1, 30 days before first One time Q sampling event 2a Draft QAPP Before Nov. 1,20 18 One time Attachment 3,DEP Agreement#:MN008 8of10 Rev.2/13/2018 Packet Pg. 2449 0.10.c 2b Final QAPP 30-days before fi st sampling event One time Technical review audits following g within 30 days after t� Attachment E Sb first sampling event Quarterly cas 3 Monitoring 1/31/2021 3a Monitoring progress reports within 30 days after ei ch sampling event Quarterly 3 b by the end of subsequ nt quarter after 2 Data uploads to WIN sampling Quarterly U) 4- 4 Final Report 05/01/2021 One time 4a Draft Final Report 03/01/2021 One time cas 4b Final Report 05/01/2021 One time 0 CD ° 0 CD 0 BUDGET DETAIL BY TASK: E Task Budget Grant' Budget Match Total Project Budget Category No Funding Funding _ Funding �1 Contractual Services $9,035 $9,035 $18,070 n , Total 9 035 r$9;035`: 070, ° Contractual Services 8,340 $8,340 $16 680 2 Total,for Task $8,340 -: $8,340:; .$1668,0 Contractual Services $139,894 $139,894 $139,894 x 3 Total for Task $139 894 $13$894 8 4 Contractual.Servlces $23,090 $23,090 $46180 Total for°.Task $23,090: ,$23090 `$46=180 -7,771 Total: $180,359 $180,359 $360,718 Percentage Match: 50% 50% Attachment 3,DEP Agreement#:MN008 9of10 Rev.2/13/2018 Packet Pg. 2450 0.10.c REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 0 A 4- 0 ° U) 0 0 ° C 0 0 C 0 C 0 4- 0 4i C 0 Attachment 3,DEP Agreement#: MN008 10 of 10 Rev.2/13/2018 Packet Pg. 2451 0.10.c DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records a. If the Agreement exceeds$35,000.00, and if the Grantee is acting on behalf of the Department in its performance of services under the Agreement,the Grantee must allow 2 public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Grantee in conjunction with the Agreement(Public Records), unless the Public Records are exempt from section 24(a) of Article Iof the Florida Constitution or section 119.07(1),F.S. � b. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow public access to Public Records as required by law. U 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 the Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S.,the following provisions apply: a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request,provide the 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 the 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 the Department. e. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in possession of the contractor or keep and maintain Public Records required by the Department to perform the service. If the contractor transfers all Public Records to the Department upon completion of the contract,the contractor shall destroy any duplicate Public Records that are E 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 the Department, upon request from the Department's custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the 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 x 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 Rev.2/13/2018 Attachment 4 1 of 2 Packet Pg. 2452 0.10.c CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.servicesgdep.state.fl.us Mailing Address: Department of Environmental Protection a ATTN: Office of Ombudsman and Public Services E Public Records Request 3900 Commonwealth Boulevard, MS. 49 Tallahassee, Florida 32399 U) �s ° Rev.2/13/2018 Attachment 4 2 of 2 Packet Pg. 2453 ATTACHMENT 5 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to � as the "Department", "DEP", 'FDEP" or "Grantor", or other name in the contract/agreement) to the recipient M (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 4- 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 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 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 0 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-f 33,as revised, and 2 CFR Part 200, Subpart F,will meet the requirements E 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). ca 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov Attachment 5 1 of 5 Rev.2/13/2018 Packet Pg. 2454 0.10.c 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 2 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. t!5 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:Happs.fldfs.com/fsaa for assistance. In ° addition to the above websites, the following websites may be accessed fof information: Legislature's Website at littp://wkvw.leg.state.fl.Lis/Welcome/indek.cfm, State of Florida's website at http://www.mvflorida.com/. Department of Financial Services' Website at http://ivww.fldfs.com/ and the Auditor General's Website at http://www.myflorida.com/audgcn/. 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 4— arrange for fatnding the fall cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: Attachment 5 2 of 5 Rev.2/13/2018 Packet Pg. 2455 0.10.c 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: E FDEPSingleAudit@dep.state.fl.us 0 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: 0 Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 41132 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.censusigov/facweb/ 0 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: FDEPSingleAuditna,dep.state.fl.Lis 0 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 Attachment 5 3 of 5 Rev.2/13/2018 - Packet Pg. 2456 0.10.c Electronically: FDEPSingleAudit a,dep.state.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 2 4- 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: cas Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit@,,dep.state.f[ms 0 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. W cm 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection .2- 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 4— audit report is issued,unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK x Attachment 5 4of5 Rev.2/13/2018 Packet Pg. 2457 EXHIBIT—d FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following: Federal =Appropriation Program CFDA Number Federal A ene Number CFDA Title Fundin Amount 66.454EPA 66.454 Water Quality Management Planning,GAA 1633,2017-2018 $128,281 140076 (/) u) M State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal ProgUrams: Federal State Program Appropriation E Number Federal Agency CFDA CFDA Title Funding Amount Category 4- 0 a State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Suh'eet 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 37.039 GAA 1624 General Revenue 2017 37,019 Statewidd Sutfaee Water Restoration and $2 081 088964 0 Wastewater 0 4— Total Award $260,724 For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [ativw.efda.gov]and/or the Florida Catalog of State Financial Assistance(CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspxl. 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. 0 Attachment 5 5 of 5 Rev.2/132nIN t® 0 a 0 t® 4- 0 x 4i t® t� t� Packet Pg. 2458 0.10.c Attachment 7 C6.00476018-0 Page 1 GRANT NUMBER(FAIN): 00476018 oOpp8?414, U.S. ENVIRONMENTAL MODIFICATION NUMBER:. 0 DATE OF AWARD PROGRAM CODE: C6 12/21/2017 Ott ' / PROTECTION AGENCY TYPE OF ACTION MAILING DATE New 12/28/201 7 a�,��► Grant Agreement PAYMENT METHOD: ACH# M qt paDS� ASAP 40199 RECIPIENT TYPE: Send Payment Request to: State Las Vegas Finance Center RECIPIENT: PAYEE:. M FL Dept of Environmental Protection FL Dept of Environmental Protection A 2600 Blair Stone Road 2600 Blair Stone Road Tallahassee,FL 32399.2400 Tallahassee,FL 32399-2400 EIN: 59-6007353 tm PROJECT'MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Jessica Madden Tina Lamar Sharonita Johnson 2600 Blair Stone Road 61 Forsyth Street Grants and Audit Management Section Tallahassee,FL 32399-2400 Atlanta,GA 30303-8960 E-Mall: johnson,sharonita@epa.gov E-Mall: jessica.s.madden@dep.state.fl.us E-Mall: lamar.tina@epa.gov Phone:404-562-8311 03 Phone:850-245-8342. Phone:404-562-9323 PROJECT TITLE AND DESCRIPTION Water Quality Management Planning This action approves a new award in the amount of$200,000 to the Florida Department of Environmental Protection for facilitation support in the development,` implementation,and tracking of:(1.)Basin Management Action Plans(BMAPs),(2.)Subcategory 4b(Reasonable Assurance(RA))and 4e(Pollutant 'Reduction)Plans,and(3.)Class III-Limited Petitions:Each of these three project goals involves working closely with stakeholders or representatives from: local,state,and regional governmental entities;advisory groups;advocacy groups;private enterprises;the general public;and others affected by these activities.The recipient will provide 40%of this award to regional or interstate watershed management planning agencies for the development and implementation of water quality management plans. BUDGET PERIOD PROJECT.PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2017 - 09/30/2019 10/01/2017 - 09/30/2019 $452,000.00 $452,000.00 NOTICE OF AWARD ° Based on your Application dated 08/01/2017 including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA)hereby awards$200,000.EPA agrees to cost-share 0� 0.00%of all approved budget period costs incurred,up to and not exceeding total federal funding of$200,000. Recipient's signature Is not required on this agreement. The recipient demonstrates its commitment to carry out this award 0 by either:1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified In this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21.days after the EPA award or amendment mailing date.In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this award/amendment,and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. 0 ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE 0 ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS U.S.EPA,Region 4 61 Forsyth Street Water Protection Division Atlanta,GA 30303-8960 61 Forsyth Street Atlanta,GA 30303-8960 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Keva R.Lloyd-Grants Management Officer DATE 12/21/2017 tm 0 CY 0 Attachment 7 pg. 1 of 9 I Packet Pg. 2459 0.10.c EPA Funding Information c6-00476018-0 Page FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $200,000 $200,009 EPA In-Kind Amount $ $ $ 0_ ) Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 M State Contribution $ $ $0 A 4- Local Contribution $ $ $0 O Other Contribution $ $ $0 a Allowable Project Cost $0 $200,000 $200,000 U) O Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.454-Water Quality Management Planning Clean Water Act:Secs.205(j)(1)&(2) 2 CFR 200 2 CFR 1500 40 CFR 33 and 40 CFR 35 Subpart A a O a O Fiscal Site Name Req No FY Approp. Budget PRO Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation 1804VX8017 16 E2 04V2 0001380 4111 18CB 200,00 O CC X 200,000 Attachment 7 pg.2 of 9 Packet Pg. 2460 0.10.c C6.00476018-0 Page 3 Bud et Summary Page:FDEP FY 2018 WQMP Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1.Personnel $0 2.Fringe Benefits $0 3.Travel $0 M 4.Equipment $0 S.Supplies $0 6.Contractual $271,200 \Q 7.Construction $0 2 B.Other $180,800 A 9.Total Direct Charges $452,000 Q 10.Indirect Costs: % Base $0 A 1i.Total(Share: Recipient % Federal 100.00%.) $452,000 -7 / - 12.Total Approved Assistance Amount $425,000 (ff` 13.Program Income $0 (n 14.Total EPA Amount Awarded This Actlon $200,000 15.Total EPA Amount Awarded To Date $200,000 O O a sm O a O a sm O O sm O X sm Attachment 7 pg.3 of 9 I Packet Pg. 2461 0.10.c C6.00476018.0 Page 4 Administrative Conditions GENERAL TERMS AND CONDITIONS JA The recipient agrees to comply with the current EPA general terms and conditions available at: https:!/www.epa,gov/grants/epa-general-terms-and-conditions-effective-October-2-20 I7-or-later. These terms and conditions are in addition to the assurances and certifications made as a part of o the award and the terms,conditions,or restrictions cited throughout the award. 2 U) The EPA repository for the general terms and conditions by year can be found at http://www.epa.gov/grants/grant-terms-and-conditions.The applicable terms and conditions below are in addition to the general terms and conditions noted above: U) 1. ANNUAL FFR(INTERIM)PURSUANT TO 2 CFR 200.327 0 Pursuant to 2 CFR 260.327, EPA recipients shall submit an interim annual Federal Financial Report(FFR, SF-425)to EPA no later than 90 calendar days following the anniversary of the award date. The form is available on the internet at: http://www2.epa.gov/financial/forms. 0 The following reporting period end dates shall be used for interim annual reports: 3/31, 6/30,9/30, or 12/31. At the end of the project,the recipient must submit a final FFR to EPA no later than 90 calendar days after the end of the project period.The form is available on the internet at:http://www2.epa.gov/financialifonns.All FFRs must be submitted-to the Las Vegas Finance Center(LVFQ via email LVFC-grants@epa. 0 2. UTILIZATION OF SMALL,MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE,40 CFR,Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise(DBE)Program for procurement activities under assistance agreements,contained in 40 CFR,Part 33. MBE/WBE REPORTING,40 CFR,Part 33,Subpart E MBE/WBE reporting is required in annual reports.Reporting is required for assistance agreements where there are funds budgeted for procuring construction,equipment,services and supplies,including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the"Other"category that exceed the threshold amount of$150,000, including amendments and/or modifications. Attachment 7 pg.4 of 9 Packet Pg. 2462 0.10.c Based on EPA's review of the planned budget,this award meets the conditions above and is subject to the Disadvantaged Business Enterprise(DBE)Program reporting requirements. However,if recipient believes this award does not meet these conditions,it must provide the Regional MBE/WBE Coordinator with a justification and budget detail within 21 days of the cn award date clearly demonstrating that,based on the planned budget,this award is not subject to the DBE reporting requirements. 0 The recipient agrees to complete and submit a"MBE%WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements"report(EPA Form 5700-52A)on an annual basis.All procurement actions are reportable,not just that portion which exceeds $150,000. ° When completing the annual report,recipients are instructed to check the box titled"annual"in cn section 1B of the form.For the final report,recipients are instructed to check the box indicated for the"last report"of the project in section 1B of the form.Annual reports are due by October t s 30`�of each year.Final reports are due by October 30`h or 90 days after the end of the project period,whichever comes first. The reporting requirement is based on total procurements.Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not.If no budgeted procurements take place during the reporting period,the recipient should check the box in section 5B when o completing the form. MBE/WBE reports should be sent to: Mepagrantsmbewbereporting a Da.go cc: iohnson.sharonitaPepa.gov Attn:Sharonita Johnson °E The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's o Home Page at http://www.epa.,o reporting.litin .I This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR,Part 33,Section 33.502;however,the other requirements outlined in 40 CFR Part 33 remain in effect,including the Good Faith Effort requirements as described in 40 CFR Part 33 Subpart C,and Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below. 4- 0 FAIR SHARE OBJECTIVES,40 CFR,Part 33,Subpart D A recipient must negotiate with the appropriate EPA award official,or his/her designee,fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. x In accordance with 40 CFR,Section 33.411 some recipients may be exempt from the fair share objectives requirements described in 40 CFR,Part 33,Subpart D. Recipients should work with their DBE coordinator,if they think their organization may qualify for an exemption. c Attachment 7 pg.5 of 9 Packet Pg. 2463 Current Fair Share Objective/Goal The dollar amount of this assistance agreement or the total dollar amount of all of the recipient's financial assistance agreements in the current federal fiscal year from EPA is$250,000, or more. (n The FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION has negotiated the following, applicable MBE/WBE fair share objectives/goals with EPA as follows: 0 Combined MBE/WBE(DBE): E Includes Construction, Equipment, Services and Supplies 10% A 4- 0 Negotiating Fair Share Objectives/Goals In accordance with 40 CFR,Part 33, Subpart D,established goals/objectives remain in effect for three fiscal years unless there are significant changes to the data supporting the fair share (n objectives.The recipient is required to follow requirements as outlined in 40 CFR Part 33, U) Subpart D when renegotiating the fair share objectives/goals. 4- The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals,together with the supporting availability analysis or disparity study,to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share - objective/goals within 30 days of receiving the submission.If proposed fair share objective/goals o are not received within the 120-day time frame,the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS,40 CFR,Part 33,Subpart C Pursuant to 40 CFR,.Section 33.301,the recipient agrees to make the following good faith efforts whenever procuring construction,equipment,services and supplies under an EPA financial assistance agreement, and to require that sub-recipients,loan recipients,and prime contractors also comply.Records documenting compliance with the six good faith efforts shall be retained: (a)Ensure DBEs are made aware of contracting opportunities to the fullest extent E practicable through outreach and recruitment activities.For Indian Tribal,State and Local and Government recipients,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 4- 0 (b)Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit,in a way that encourages and facilitates participation by DBEs in the competitive process. This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c)Consider in the contracting process whether firms competing for large contracts could E subcontract with DBEs. For Indian Tribal,State and local Government recipients,this e Attachment 7 pg.6 of 9 Packet Pg. 2464 O,10.c will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d)Encourage contracting with a consortium of DBEs when a contract is too large for one (n of these firms to handle individually. (e)Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. E (f)If the prime contractor awards subcontracts,require the prime contractor to take the steps in paragraphs(a)through(e)of this section. a CONTRACT ADMINISTRATION PROVISIONS,40 CFR,Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. 0 BIDDERS LIST,40 CFR,Section 33.501(b)and(c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to,'or chooses to follow, o competitive bidding requirements. Please see 40 CFR,Section 33.5.01 (b)and(c)for specific requirements and exemptions. . Proarammatic Conditions a 1. Reporting Reouirements: To meet reporting requirements under 2 CFR 00.328(b)(2)(i) 0 "The final performance report will be due 90 calendar days after the period of performance end date". Therefore,the grantee will submit a final progress report on progress in implementing FY 2018 Section 604 workplan activities on December 31, 2018 to the Project Officer'. E The annual progress reports are due no later December 31,2018. Annual Progress report content shall include: 1. comparison of actual accomplishments to the objectives/tasks ithin the workplan;2.reasons or justifications why established goals/tasks were not met; and 3.significant developments which may have impacted;therefore,causing delays or issues in meeting tasks within the workplan. 2. Quality Management Plan:the grantee is in compliance with its approved Quality Management Plan,prior to collection of water quality data must approve a Quality Assurance Project Plan. 3. Quality Assurance Project Plan:If applicable,by March 1,2018 the grantee will E submit to the EPA Project Officer a copy of all revisions to its Clean Water Act(CWA) Attachment 7 pg.7 of 9 Packet Pg. 2465 ,• 0.10.c Section 604(b)programmatic Quality Assurance Project Plan(QAPP).If there are no changes to the CWA Section 604(b)programmatic QAPP, the grantee will submit confirmation by March 1.2018 to the EPA Project Officer. The QAPP should be consistent with the specifications of the EPA Quality System Document EPA cn Requirements for Quality Assurance Project Plans,EPA QA/R-5. This document can be found at http://www.epa.goy/guality/gapRs.html. 0 4. Pass-through Certification:Per the August 19, 1987, Guidance for Management of Section 205(j)(1)and Section 604(b)Fund , and supported by 40 CFR§31.42,Access Requirements for Record as it pertains to the 40%pass through of the 604(b)grant, grantees are required to provide the EPA Project Officer with copies of the 604(b) Program binding written agreements (contracts)with the RPCPOs/lOs within 10 days cn after they have been signed by the State and the RPCPOs/IOs. In lieu of submitting. Copies of the contracts to EPA Region 4,the States will certify,using a form letter t s provided by the Region,that the pass through requirements have been met as detailed in the 604(b)workplan, and that copies of relevant contracts and supporting documentation are maintained at the state offices and are available for review by EPA,or that a waiver of the pass through requirement was requested and approved. The certification will be submitted with the annual report and is due by December 31,2017. ° 5. State Grant Cybersecurity Condition o (a)The recipient agrees that when collecting and managing environmental data under this assistance agreement,it will protect the data by following all applicable State law cybersecurity requirements. ° 0 (b)(1)EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section,a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory,user-controlled connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data Exchange,the recipient agrees to contact the EPA Project Officer(PO)and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate.This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data. (2)The recipient agrees that any subawards it makes under this agreement will require the Attachment 7 pg.8 of 9 i Packet Pg. 2466 0.10.c I subrecipient to comply with the requirements in(b)(1)if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this (n requirement in subaward agreements;and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d),by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the E negotiation of an Interconnection Service Agreement between the subrecipient and EPA. U) 4- 7. Geospatial Data Standards o ° All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC)endorsed standards. Information on these standards may be found at www.fgdc.gov. (n U) 0 7. Competency of Organizations Generating Environmental Measurement Data: If applicable to this grant,in accordance with Agency Policy Directive Number FEM-2012- 02,Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements,Recipient.agrees,by entering into this agreement,that it has demonstrated competency prior to award, or alternatively,where a pre-award demonstration of competency is not-practicable, Recipient agrees to demonstrate competency prior to carrying-out any activities under the award involving the generation or use of environmental data.Recipient shall maintain competency for the duration of the project period of this agreement. A copy of the Policy is available online at htty//www.epa. ovg_ /fem/pdfs/competency-policy-aaia-new.pdf or a copy may also be requested by contacting the EPA project officer for this award. 0 8. Subaward: The recipient must report on its subaward monitoring activities under 2 CFR 200.331(d). Examples of items that must be reported if the pass-through entity has the-information available are: 1.Summaries of results of reviews of financial and programmatic reports. 2.Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient.performance. 3.Environmental results.the subrecipient achieved. 4. Summaries of audit findings and related pass-through entity management decisions. 4- 5.Actions the pass-through entity has taken to correct deficiencies such as those specified o at 2 CFR 200.331(e),2 CFR 200.207 and the 2 CFR Part 200.338 Remedies for Noncompliance. 9. Technical Officer:The Technical Officer/Reviewer assigned to this grant is Caroline Ejimofor-404-562-9309-ejimofor.caroline@epa.gov.The workplan is conditional pending .. EPA Technical Officer's review,negotiations,and final approval of the workplan and pass-through Attachment 7 pg.9 of 9 Packet Pg. 2467 0.10.c ATTACHMENT 8 Contract Provisions for EPA-Funded Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee,the term"Recipient"shall mean"Grantee." Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award,including applicable provisions E of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, 5 Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies U) 0 The following provision is required if the Agreement is for more than$150,000. In addition to any of the remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable to this Contract,the Non-Federal Entity may take one or more of the following actions. i. Temporarily withhold payments pending correction of the deficiency by the Recipient. ii. Disallow(that is,deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. iii. Wholly or partly suspend or terminate this Contract. iv. Take other remedies that may be legally available. The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract"as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity,or national origin. The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race,color,religion, sex,sexual orientation,gender identity,or national origin.Such action shall include,but not be limited to the following: a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired Attachment 8 1 of 7 Rev.2/23/18 Packet Pg. 2468 0.10.c about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with the Recipient's legal duty to furnish information. iv. The Recipient will send to each labor union or representative of workers with which he has a 2 collective bargaining agreement or other Agreement or understanding,a notice to be provided A 4- advising the said labor union or workers'representatives of the Recipient's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24;1965,so that such provisions will be binding upon each subcontractor or vendor.The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient,and if required by the Federal Legislation,the Recipient 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 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 pay wages not less than once a week. The Recipient must 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").The Act provides that each Recipient or subrecipient must be 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. 5. Contract Work Hours and Safety Standards Act Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or laborers,the Recipient must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not Attachment 8 2 of 7 Rev.2/23/18 Packet Pg. 2469 0.10.c 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 U) intelligence. M 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non- Federal Entity or subrecipient wishes to enter into a contract with a small business .firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient 4- 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. 7. Clean Air Act(42 U.S.C.7401-7671g.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387) . If the Agreement is in excess of$150,000,the Recipient shall 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). 8. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not 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." 9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. If applicable,the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining ° any Federal award,using form SF-LLL,available at: https://app1y07.grants.gov/apply/forms/sample/SFLLL 1 2 P-V1.2.pdf. 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. ADMINISTRATIVE 11. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et sequence. 12. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations,which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: i.Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii.Procure a commercial sex act during the period of time that the award is in effect;or iii.Use forced labor in the performance of the award or subawards under the award. 14.Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L.93-234) Recipients must comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234),if applicable. This act requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 15.Water Resources Reform and Development Act(WRRDA)P.L. 113-121 Attachment 8 3 of 7 Rev.2/23/18 Packet Pg. 2470 0.10.c Recipients must comply with the Water Resources Reform and Development Act(WRRDA)P.L. 113-121, if applicable.This act provides for improvements to the rivers and harbors of the United States,to provide for the conservation and development of water and related resources. 16.Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). (a) This award,related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot 2 program on award recipient employee whistleblower protections established at 41 U.S.C.4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. (c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in 0 contracts over the simplified acquisition threshold related to this award;best efforts should be made to include this clause,including this paragraph(c)in any subawards and contracts awarded prior to the effective date of this provision. 17.Notification of Termination(2 CFR§200.340) In accordance with 2 CFR§ 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system, accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS). The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 18.Additional Lobbying Requirements (a) The Recipient certifies that no funds provided under this Agreement have been used or will be used ° to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. (b) The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant(and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. (c) Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 4- COMPLIANCE WITH ASSURANCES 19.Assurances Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. 20.Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms Recipients shall take all affirmative steps necessary to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible, including those steps listed in 2 CFR 200.321(b). Attachment 8 4 of 7 Rev.2/23/18 Packet Pg. 2471 0.10.c ENVIRONMENTAL PROTECTION AGENCY-SPECIFIC 21.EPA General Terms and Conditions (for purposes of compliance within the EPA General Terms and Conditions only, "Recipient"refers to the Department and"Subrecipient"refers to the Grantee). Recipients and subrecipients shall comply with EPA General Terms and Conditions applicable to the specific Federal Award funding source, available at https://www.epa.gov/grants/grant-terms-and-conditions, and incorporated by reference. 22.EPA's Prohibition on Paving Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term"management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this Agreement. 2 U) Management fees or similar charges may not be used to improve or expand the Project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the work identified in the Grant Work Plan. 23.EPA Cybersecurity Conditions Recipients shall comply with the EPA Grant Cyber Security Conditions located at https://www.ei)a.gov/rants/state-grant-cyberseciirity-condition,last amended July 6,2015. 24.Environmental Justice Guidance under the National Environmental Policy Act(42 U.S.C.4321) Recipients shall comply with the Environmental Justice Guidance under the National Environmental Policy Act (42 U.S.C. 4321). This act relates to the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation, and enforcement of environmental laws,regulations and policies. 25. EPA Regulations Recipients shall comply with the:following regulations: 40 CFR 4,40 CFR 12,40 CFR 12,40 CFR 29,40 CFR 33.302,40 CFR 33.50l(b)and(c),40 CFR 34,40 CFR 35,2 CFR 1500,and 2 CFR 1532. 26.Drug-Free Workplace Recipients must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the Recipients must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. .� 27.EPA's Program for Utilization of Small,Minority,and Women's Business Enterprises. Acceptance of the funds awarded under this Agreement requires general compliance with the EPA's a Disadvantaged Business Enterprise (DBE) Program pursuant to 40 CFR, Part 33. Recipients shall not discriminate on the basis.of race, color, national origin or sex in the performance of this Agreement. Recipients shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts and/or subcontracts awarded under EPA financial assistance agreements.Failure by the Recipient to carry out these requirements is a material breach of this Agreement which may result in the termination of this Agreement or other legally available remedies. Based on the amount awarded to the Department under the original Federal,funding source for this Agreement,Recipients are'subject to the reporting requirements of the EPA's DBE Program.Recipients must complete and submit a "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" report (EPA Form 5700-52A) with the applicable required Payment Request Form(s). 4- 0 The current EPA Form 5700-52A is included as an Exhibit to this Attachment,but it is also available from the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe reporting.litm. The Department has negotiated its current"Fair Share"objective and goals with the EPA,which are listed in Attachment 7, Grant Award Terms. However, if the Grantee does not want to rely on the applicable Department's MBE/WBE goals, the Grantee may contact the Department to coordinate the proposal of .. alternate MBE/WBE goals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction,services,supplies and equipment. 28. American Iron and Steel(Compliance with P.L. 113-76) ca Recipients shall comply with the Consolidated Appropriations Act of 2014 (Public Law 113-76), if applicable. This act includes an American Iron and Steel(AIS)requirement,if applicable.Clean Water State Attachment S 5 of 7 Rev.2/23/18 Packet Pg. 2472 0.10.c Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) assistance recipients are required to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works and if the project is funded through an assistance agreement executed beginning January 17,2014(enactment of the Act). M The appropriation language sets forth certain circumstances under which EPA may waive AIS requirements. Furthermore,the act exempts projects where engineering specifications and plans were approved by a state agency prior to January 17,2014. §319(h)funded projects are excluded from this provision. 29.Geospatial Data Standards Recipients must meet the EPA Geospatial Data Standards. All geospatial data created must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards can be found 2 at www.fgdc.gov. A 30.Signage Required Term and Condition a. Signage Requirements The Recipient is required to place a sign at construction sites supported under this award displaying the EPA logo in a manner that informs the public that the project is funded in part or wholly by the EPA.The sign must be placed in a visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. Recipients are required to comply with the sign specifications provided by the EPA Office of Public Affairs (OPA)available at:https•//www ena gov/grants/epa-logo-seal-specifications-signage-produced-epa= assistance-agreement-recipients.If the EPA logo is displayed along with the logos of other participating entities,the EPA logo.must not be displayed in a manner that implies that EPA itself is conducting the project.Instead,the EPA logo must be accompanied with a statement indicating that the recipient received financial assistance from EPA for the project.As provided in the sign specifications from OPA,the EPA logo is the preferred identifier for assistance agreement projects and use of the EPA seal requires prior approval from the EPA.To obtain the appropriate EPA logo or seal graphic file,the recipient should send a request directly to OPA and include the EPA Project Officer in the communication.Instructions for contacting OPA is available on the Using the EPA Seal and Logo page. Consistent with section 6002 of RCRA,42 U.S.C.6962,and 2 CFR 200.322,recipients are encouraged to use recycled or recovered materials when procuring signs.Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally,-to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the EPA logo or seal)into the appropriate non-English language(s).The costs of such translation are allowable, provided the costs are reasonable. b. Public or Media Events The Recipient agrees to notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to construction projects as a result of this agreement,and provide the opportunity for attendance and participation by federal representatives with at least ten(10)working days' notice. CLEAN WATER ACT SECTION 319 NON-POINT SOURCE ASSISTANCE AGREEMENTS- . � SPECIFIC 31.Non-Point Source Assistance Agreement Terms and Conditions Recipients shall comply with the Clean Water Act Section 319 Non=Point Source.Assistance Agreements 4- Public Awareness Terms and Conditions Effective October 1,2014(PDF). 32.Operation and Maintenance For Projects funded by EPA §319(h) funds, Recipients will assure the continued proper operation and maintenance of all nonpoint source management practices that have been implemented for Projects funded under this Agreement. Such practices shall be operated and maintained for the expected lifespan of the specific practice and in accordance with commonly accepted standards.Likewise,the Recipient will assure that similar provisions are included in any sub-agreements that are awarded. 33.Nutrient Management Plans for Animal Feeding Operations Recipients shall comply with the Nutrient Management Plans for Animal Feeding Operations as required under this Grant and must have and implement a nutrient management plan that: 1)provides and maintains buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of confined animals with waters of the United States; 4) addresses animal mortality; 5) addresses chemical disposal; 6) addresses Attachment 8 6 of 7 Rev.2/23/18 Packet Pg. 2473 0.10.c proper operation and maintenance; 7) addresses record keeping and testing; 8) maintains proper storage capacity;and,9)addresses rate and timing of land application of manure and wastewater. FLORIDA RURAL WATER ASSOCIATION TECHNICAL ASSISTANCE AND TRAINING GRANT AGREEMENT-SPECIFIC 34.Green Infrastructure Policy Recipients shall comply with the EPA's Green Infrastructure Policy(established by the American Recovery and Reinvestment Act) for the Clean Water State Revolving Fund Program, if applicable. This policy provides guidance and a best practices guide for funding green infrastructure in the CWSRF program. 35.Clean Water State Revolving Fund Recipients shall comply with the Clean Water State Revolving Fund Regulations(Title VI of the Clean Water 2 A Act, 40 CFR Part 35), if applicable. These regulations provide all applicable requirements of the EPA 4- regulations and rules and procedures prescribed under the Clean Water State Revolving Funds Regulations. 36.Drinking Water State Revolving Fund Regulations Recipients shall comply with the Drinking Water State Revolving Fund Regulations(40 CFR Part 35 Subpart L),if applicable. These regulations provide details on the requirements and functions of the Drinking Water State Revolving Fund,authorized under the Safe Drinking Water Act. U) 0 0 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ° 0 ° 0 0 ° 0 4- 0 Attachment 8 7 of 7 Rev.2/23/18 Packet Pg. 2474 0.10.c OMB CONTROL NO. 21130-0020 EXHIBIT 1 APPROVED: 06/30/2014 APPROVAL EXPIRES. 05/30/2011 U.S. ENVIRONMENTAL PROTECTION AGENCY MBE/WBE UTILIZATION UNDER FEDERAL GRANTS AND COOPERATIVE AGREEMENTS FOR COOPERATIVE AGREEMENTS OR OTHER FEDERAL FINANCIAL ASSISTANCE WHERE THE COMBINED TOTAL OF FUNDS BUDGETED FOR PROCURING SUPPLIES, U) EQUIPMENT,CONSTRUCTION OR SERVICES EXCEED$150,000. PART 1:PLEASE REVIEW.INSTRUCTIONS BEFORE COMPLETING 1A.FEDERAL FISCAL YEAR(Oct 1-Sep 30) 1B.REPORT TYPE 20 Annual Last Report(Project completed) 2 1C:REVISION OF A PRIOR YEAR REPORT? ❑No ❑Yes,Year IF YES,BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: a 2A.EPA FINANCIAL ASSISTANCE OFFICE ADDRESS(ATTN:DBE COORDINATOR) 3A.RECIPIENT NAME AND ADDRESS f.3 0 2B.EPA DBE COORDINATOR —3B.RECIPIENT REPORTING CONTACT — Name: Name: Email: Address: a Phone: I Phone: Fax: I Email: 4A.FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE OR CFDA NUMBER: (SRF State Recipients,refer to Instructions for Completion of blocks 4A,5A and 5C) 5A.TOTAL ASSISTANCE AGREEMENT AMOUNT !5B.If NO procurements and NO accomplishments were made this reporting CD EPA Share: $ period(bythe recipients,sub-recipients,loan recipients,and prime contractors), CHECK and SKIP to Block No.7. (Procurements are all expenditures through Recipient Share:$ contract,order,purchase,lease or barter of supplies,equipment,construction, or services needed to complete Federal assistance programs. Accomplishments, _ N/A(SRF Recipient) — j in this context,are procurements made with MBEs and/or WBEs.) Q—_ 5C. Total Procurements This Reporting Period(Only include amount not reported in any prior reporting period) Total Procurement Amount$ 2 (Include total dollar values awarded by recipient,sub-recipients and SRF loan recipients,including MBE/WBE expenditures.) 5D. Were sub-awards issued under this assistance agreement? Yes_ No_ E Were contracts issued under this assistance agreement? Yes_ No— CD 5E. MBE/WBE Accomplishments This Reporting Period Actual MBE/WBE Procurement Accomplished(Include total dollarvalues awarded by recipient,sub-recipients,SRF loan recipients and Prime Contractors.) 0 Construction Equipment Services Supplies Total $MBE: 0.00 $WBE: 0.00 6.COMMENTS:(If no MBE/WBE procurements,please summarize how certified MBEs/WBEs were notified of the opportunities to compete for the procurement dollars entered in Block 5C and why certified MBEs/WBEs were not awarded any procurements during this reporting period.) LU 7.NAME OF RECIPIENT'S AUTHORIZED REPRESENTATIVE TITLE M i I 8.SIGNATURE OF RECIPIENT'S AUTHORIZED REPRESENTATIVE DATE EPA FORM 5700-52A available electronically at http://www.ei)a.0 oy/osbp/pdfs/5700 52a.pdf Attachment 8,Exhibit 1 Page 1 Packet Pg. 2475 OSv18 corvTR�L, 0.10.0 . APPROVED: PART 11. APPROVAL EXPIRES:06,13012017 MBE/WBE PROCUREMENTS MADE DURING REPORTING PERIOD EPA Financial Assistance Agreement Number: 1.Procurement Made By 2.Business Enterprise 3.$Value of 4.Date of 5.Type of Product or 6.Name/Address/Phone Number of MBE/WBE Procurement Procurement Service(Enter Code) Contractor or Vendor Recipient I Sub- Prime Minority Women MMJODjYY Recipient and/or SRF Loan Recipient 4tj 8) i 0 888 O a� i l f) I i a O 0 Type of Product or Service Codes: 1=Construction 2=Supplies 3=Services 4=Equipment Note:Recipients are required to submit MBE/WBE reports to EPA beginning with the Federal fiscal year the reciolents receive the award,continuing until the Drolect is completed. a Attachment 8,Exhibit 1 O Page 2 O sm 4- 0 LU Packet Pg. 2476 0.10.c Instructions: If at the time of award,the combined total of funds budgeted for procurements in any category is less A. General Instructions: than or equal to$150,000 and is maintained below the threshold, no DBE report is required to be submitted. MBE/WBE utilization is based on 40 CFR Part 33. The reporting requirement reflects the class deviation issued on November 8, 2013, clarified on Recipients are required to report 30 days after the E January 9, 2014 and modified on December 2, end of each federal year, per the terms and T 2014. EPA Form 5700-52A must be completed conditions of the financial assistance agreement. annually by recipients of financial assistance agreements where the combined total of funds Last reports are due October 30th or 90 days after budgeted for procuring supplies, equipment, the end of the project period, whichever comes construction or services exceeds$150,000.This first. 0 reporting requirement applies to all new and 0 existing awards and voids all previous reporting MBE/WBE program requirements, including requirements. reporting, are material terms and conditions of the financial assistance agreement. In determining whether the$150,000 threshold 0 is exceeded for a particular assistance B. Definitions: agreement, the analysis must focus on funds budgeted for procurement under the supplies, equipment, construction, services or"other" Procurement is the acquisition through contract, categories, and include funds budgeted for order, purchase, lease or barter of supplies, procurement under sub-awards or loans equipment, construction or services needed to accomplish Federal.assistance programs. 0 Reporting will also be required in cases where the details of the budgets of sub-awards/loans are not A contract is a written agreement between an EPA clear at the time of the grant awards and the recipient and another party(also considered combined total of the procurement and sub- "prime contracts") and any lower tier agreement 0 awards and/or loans exceeds the$150,000 (also considered "subcontracts")for equipment, threshold. services, supplies, or construction necessary to complete the project. This definition excludes written agreements with another public agency. When reporting is required, all procurement This definition includes personal and professional actions are reportable, not just the portion which services, agreements with consultants, and exceeds$150,000. purchase orders. If at the time of award the budgeted funds exceed A minority business enterprise(MBE) is a business $150,000 but actual expenditures fall below, a concern that is (1) at least 51 percent owned by C report is still required. one or more minority individuals,or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority Attachment 8,Exhibit 1 Page 3 Packet Pg. 2477 O.10.c individuals;and (2)whose daily business efforts for utilizing MBEs and WBEs must be operations are managed and directed by one or documented. Such documentation is subject to more of the minority owners. In order to qualify EPA review upon request: � and participate as an MBE prime or subcontractor cis for EPA recipients under EPA's DBE Program, an 1. Ensure DBEs are made aware of contracting entity must be properly certified as required by 40 opportunities to the fullest extent practicable CFR Part 33,Subpart B. through outreach and recruitment activities. For Indian Tribal, State and Local and U.S. citizenship is required. Recipients shall Government recipients,this will include placing presume that minority individuals include Black DBEs on solicitation lists and soliciting them Americans, Hispanic Americans, Native Americans, whenever they are potential sources. Asian Pacific Americans, or other groups whose cis members are found to be disadvantaged by the 2. Make information on forthcoming Small Business Act or by the Secretary of opportunities available to DBEs and arrange Commerce under section 5 of Executive order time frames for contracts and establish delivery 11625. The reporting contact at EPA can provide schedules,where the requirements permit, in a _ additional information. way that encourages and facilitates participation by DBEs in the competitive a A woman business enterprise (WBE) is a business process.This includes,whenever possible, concern that is, (1) at least 51 percent owned by posting solicitations for bids or proposals for a one or more women, or, in the case of a publicly minimum of 30 calendar days before the bid or owned business, at least 51 percent of the stock is proposal closing date. owned by one or more women and (2)whose daily business operations are managed and directed by 3. Consider in the contracting process whether one or more of the women owners. In order to firms competing for large contracts could qualify and participate as a WBE prime or subcontract with DBEs. For Indian Tribal, State subcontractor for EPA recipients under EPA's DBE and local Government recipients,this will Program,,an entity must be properly certified as include dividing total requirements when economically feasible into smaller tasks or required by 40 CFR Part 33, Subpart B. quantities to permit maximum participation by DBEs in the competitive process. Business firms which are 51 percent owned by minorities or women, but are in fact not managed 4. Encourage contracting with a consortium of and operated by minorities or females do not DBEs when a contract is too large for one of qualify for meeting MBE/WBE procurement goals. these firms to handle individually. U.S. Citizenship is required. CO 5. Use the services and assistance of the SBA and Good Faith Efforts the Minority Business Development Agency of the Department of Commerce. A recipient is required to make the following good 6. If the prime contractor awards subcontracts, faith efforts whenever procuring construction, require the prime contractor to take the steps equipment, services, and supplies under an EPA in paragraphs (a) through (e) of this section. financial assistance agreement. These good faith Attachment 8,Exhibit 1 Page 4 Packet Pg. 2478 0.10.c C. Instructions for Part I: 5A. Provide the total amount of the Assistance Agreement which includes Federal funds plus 1A. Specify Federal fiscal year this report covers. recipient matching funds and funds from other The Federal fiscal year runs from October 1st sources. M through September 30th (e.g. November 29,2014 falls within Federal fiscal year 2015) *For SRF recipients only: SRF recipients will not enter an amount in 5a. SRF recipients should check the "N/A" box. 2 1B. Specify report type. Check the annual A 4- reporting box. Also indicate if the project is completed. 5B. Self-explanatory. a 1C. Indicate if this is a revision to a previous year 5C. Provide the total dollar amount of ALL U) and provide a brief description of the revision you procurements awarded this reporting period by the U are making. recipient, sub-recipients, and SRF loan recipients, including MBE/WBE expenditures, not just the portion which exceeds$150,000. For example: 2A-B. Please refer to your financial assistance Actual dollars for procurement from the procuring agreement for the mailing address of the EPA financial assistance office for your agreement. office;actual contracts let from the contracts office;actual goods, services, supplies, etc.,from other sources including the central purchasing/ The "EPA DBE Reporting Contact" is the DBE procurement centers). Coordinator for the EPA Region from which your financial assistance agreement was originated. For a list of DBE Coordinators please refer to the EPA *NOTE:To prevent double counting on line 5C, if OSBP website at htt //epa.gov/osb /dbe_cord. any amount on 5E is for a subcontract and the p p prime contract has already been included on Line 5C in a prior reporting period,then report the 3A-B. Identify the agency, state authority, amount going to MBE or WBE subcontractor on university or other organization which is the line 5E, but exclude the amount from Line 5C. To recipient of the Federal financial assistance and the include the amount on 5C again would result in person to contact concerning this report. . double counting because the prime contract,which includes the subcontract, would have already been CD C 4A. Provide the Assistance Agreement number reported. assigned by EPA. A separate report must be submitted for each Assistance Agreement. *For SRF recipients only: In 5c please enter the total annual procurement amount under all of your *For SRF recipients: In box 4a list numbers for ALL SRF Assistance Agreements.The figure reported in OPEN Assistance Agreements being reported on this section is not directly tied to an individual this form. Assistance Agreement identification number. (SRF state recipients report state procurements in this section) 4B. Refer back to Assistance Agreement document for this information. Attachment 8,Exhibit 1 Page 5 Packet Pg. 2479 O.10.c 5D. State whether or not sub-awards and/or 2. Check either the MBE or WBE column. If a subcontracts have been issued under the financial firm is both an MBE and WBE,the recipient may assistance agreements b indicating yes or"no". choose to count the entire procurement towards � EITHER its MBE or WBE accomplishments. The (n 5E. Where requested, also provide the total recipient may also divide the total amount of the dollar amount of all MBE/WBE procurement procurement(using any ratio it so chooses) and awarded during this reporting period by the count those divided amounts toward its MBE and o recipient, sub-recipients,SRF loan recipients, and WBE accomplishments. If the recipient chooses to 2 prime contractors in the categories of construction, divide the procurement amount and count portions equipment, services and supplies.These amounts toward its MBE and WBE accomplishments, please include Federal funds plus recipient matching funds state the appropriate amounts under the MBE and and funds from other sources. WBE columns on the form. The combined MBE and WBE amounts for that MBE/WBE contractor must not exceed the "Value of the Procurement" 6. If there were no MBE/WBE accomplishments reported in column#3 this reporting period, please briefly how certified MBEs/WBEs were notified of the opportunities to compete for the procurement dollars entered in 3. Dollar value of procurement. Block 5C and why certified MBEs/WBEs were not 0 awarded any procurements during this reporting 4. Date of procurement, shown as month, day, period. year. Date of procurement is defined as the date o the contractor procurement was awarded, not the 7. Name and title of official administrator or date the contractor received payment under the designated reporting official. awarded contract or procurement, unless payment occurred on the date of award. (Where direct purchasing is the procurement method,the date o 8. Signature, month, day, and year report of procurement is the date the purchase was submitted. made) D. Instructions for Part II: 5. Using codes at the bottom of the form, identify type of product or service acquired through E this rocurement(e.g., enter 1 if construction 2 if For each MBE/WBE procurement made under this p financial assistance agreements during the supplies, etc.). reporting period, provide the following information: 6. Name, address,and telephone number of MBE/WBE firm. 1. Check whether this procurement was made °® by the recipient, sub-recipient/SRF loan recipient, or the prime contractor. c� Attachment 8,Exhibit 1 Page 6 Packet Pg. 2480 0.10.c "This data is requested to comply with provisions mandated by: statute or regulations (40 CFR Parts 30, 31, and 33 and/or 2 CFR Parts 200 and 1500); OMB Circulars; or added by EPA to ensure sound and effective assistance management. Accurate, complete data are required to obtain funding,while no pledge of confidentiality is provided. �s The public reporting and recording burden for this collection of information is estimated to average I hour per response annually. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclosure or provide information to or for a Federal agency. This includes the 2 time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting,validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements;train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of is information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency(2136), 0 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include the OMB Control number in any o correspondence. Do not send the completed form to this address. ° 0 0 E 4- 0 x Attachment 8,Exhibit 1 Page 7 Packet Pg. 2481 0.10.c DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: MN008 Grantee Name: Grantee Address: 2 Grantee's Grant Manager: Telephone No.: 0 Reporting Period: a Project 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 U 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. a 0 The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: W a a 0 This report is submitted in accordance with the reporting requirements of DEP Agreement No. MN008 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A,DEP Agreement#:MN008 1ofI Rev.2/13/2018 Packet Pg. 2482 0.10.c Exhibit D PAYMENT REQUEST SUMMARY FORM DEP Agreement No.:MN008 Agreement Effective Dates: Grantee: Grantee's Grant Manager: Mailing Address: 0 Payment Request No. Date of Payment Request: Performance Period(Start date—End date): Task/Deliverable No(s). Task/Deliverable Amount Requested: $ GRANT EXPENDITURES SUMMARY SECTION 0 AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE (As authorized) PAYMENT THIS REQUEST MATCHING REQUESTS FUNDS Salaries/Wages $ $ $ $ Fringe Benefits $ $ $ $ 0 Indirect Cost $ $ $ $ Contractual(Subcontractors) $ $ $ $ Travel $ $ $ $ Equipment(Direct Purchases) $ $ $ $ a 0 Rental/Lease of Equipment $ $ $ $ Miscellaneous/Other Expenses $ $ $ $ Land Acquisition $ $ $ $ TOTAL AMOUNT $ $ $ $ TOTAL TASK/DELIVERABLE $ $ BUDGET AMOUNT Less Total Cumulative Payment $ $ Requests of TOTAL REMAINING IN TASK 1 $ $ , 0 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 D,DEP Agreement#:MN008 1 of 3 Rev.2/13/2018 Packet Pg. 2483 0.10.c INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. of 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 Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. 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. 2 PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that A 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 current Grant Work Plan). TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK/DELIVERABLE BUDGETAMOUNT"line for the"AMOUNT OF THIS REQUEST'column. U) 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 BUDGETAMOUNT' 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 TASK"line.Insert"N/A"for any budget/match categories that are not authorized under this Agreement. "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. Insert"N/A"for any budget/match categories that are not authorized under this Agreement.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 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 TASK BUDGETAMOUNT'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 TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK' line. Insert"N/A" for any budget/match categories that are not authorized under this Agreement. If match is not required at all 0 under this Agreement,insert"N/A"down the whole column. 2 "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. Insert"N/A"for any budget/match categories that are not authorized under this Agreement. If match is not required at all under this Agreement, insert"N/A" down the whole column. 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. of Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Exhibit D,DEP Agreement#:NIN008 3 of 3 Rev.2/13/2018 Packet Pg. 2484 0.10.c Exhibit E Department of Environmental Protection Quality Assurance Requirements for Grants Standard Field & Lab Services U) M 1. GENERAL REQUIREMENTS AND DEFINITIONS a. As applicable to the Scope of Services (i.e., scope of work, or grant work plan) described 2 in the grant,the sampling, field testing and laboratory analyses performed under this A 4- Grant shall conform to the requirements set forth in Chapter 62-160, Florida o Administrative Code (F.A.C.), and "Requirements for Field and Analytical Work Performed for the Department of Environmental Protection under Contract" (DEP-QA- 002/02), February 2002. cn b. Hereinafter, "DEP" or"Department" refers to the Florida Department of Environmental U) Protection. o c. "Grantee" shall refer to the grantee, subcontractors, subgrantees, or any entity procured to conduct work under the Grant. d. "Sample" and "sampling" refers to samples that shall be either collected or analyzed under the terms of this Grant. 2. REQUIREMENTS FOR LABORATORIES a. All applicable laboratory testing activities shall be performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP)for all applicable matrix/method/analyte combinations to be measured for this Grant. Laboratory certification requirements are described in Rule.62-160.300, F.A.C. Certification is not required for laboratory tests outside of the scope of DoH ELCP accreditation as determined according to Paragraph 62-160.300(5)(c), F.A.C. b. For samples collected from a non-potable water matrix, the certification requirement is met if the laboratory is certified for the contracted analyte(s) in at least one method utilizing an analytical technology appropriate for the Grant, as determined by the Department according to Paragraph 62-160.300(1)(c), F.A.C. o c. If the laboratory is not certified for some or all.proposed test measurements, the laboratory shall apply for certification within one month of Grant execution. The laboratory shall attempt to become fully certified for all applicable matrix/method/analyte combinations to be performed for the Grant by maintaining active coordination with the DoH ELCP throughout the application process. Regardless of when the laboratory 0 receives certification, the laboratory shall implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC 2003 Quality Systems standards, as adopted) upon Grant execution. d. Laboratories shall maintain certification as specified in item 2.a above during the life of the Grant. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub-contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The Grantee shall notify the DEP Grant Manager in writing before any change to a sub-contracted laboratory is made. e. The DoH ELCP certificate number(certified laboratory identification number)for each contracted (and sub-contracted) laboratory shall be listed in the required Grant Quality Assurance (QA) Plan (see Section 6 below) in association with the analytical tests to be performed by each laboratory analyzing samples for the Grant. Exhibit E, DEP Grant#: MN008 1 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 Packet Pg. 2485 0.10.c f.: Each certified laboratory analyzing contracted samples shall ensure that an acceptable demonstration of capability.(DOC) is performed as described in the.2003 NELAC Quality Systems.standards (NELAC 2003, Section 5.5.4.2.2 and Appendix C). In addition, each certified laboratory that performs any:of the proposed matrix/method/analyte combination(s) approved for the Grant;shall-have the requisite DOC documentation and U) supporting laboratory records on file for the applicable combinations.- The DOCs performed shall meet the requirements for precision; accuracy, method detection limit e(MDL) and/or practical quantitation limit(PQL , ass ecified.in each applicable laboratory ry test method, Standard Operating Procedure (SOP) or Quality Manual, or as listed in.the Grant QA Plan.(Section-6; below). Alternative limits for detection and quantitation other than MDL and PQL shall be.determined, if applicable to the laboratory. DOCs performed e for the contracted analytes shall include any modifications to the test method or SOP . that have been approved by DEP according to Subsection 62-160.330(3), F.A.C., if applicable. If requested by the Department, documentation that supports the DOC for a cn specified analyte and test method shall be made available for review. g. The contracted (and/or subcontracted)-laboratory shall report PQLs and MDLs.or other specified limits of detection and quantitation with the results of sample analyses. MDLs and/or PQLs shall only be required for test methods that are technically amenable to the: "- determination of MDLs and/or PQLs. For those test methods where the determination of MDLs and/or PQLs are not technically feasible, the laboratory shall:report a value or increment representing the lower limit of the.working range of the test method, however determined by the laboratory. The laboratory shall indicate whether the reported limit represents a limit of detection or quantitation. In all cases, limits of detection and quantitation other than MDLs and PQLs shall be explicitly defined and evaluated by the laboratory.All limits shall be as.listed.in the applicable laboratory test method, SOP or Quality Manual, or as listed in the Grant QA Plan.(Section 6, below). The reported MDLs' and PQLs(or other limits per above) shall meet the analytical sensitivity and quantitation objectives for the Grant: h Additional laboratory quality control expectations: (i) The.selected laboratory test.methods listed in the QA Plan shall provide results that meet applicable Grant data quality objectives. (ii) All laboratory testing procedures shall follow the analytical methods as approved:in the Grant QA Plan (see Section 6): (iii) The laboratory shall adhere to the quality control requirements specified in the laboratory test methods and this Exhibit. , (iv)The laboratory:shall calculate all sample results according to the procedures specified in the analytical test methods-approved in the Grant QA Plan. 3. FIELD-ACTIVITIES a. .All sample collection and.field testing activities shall be performed in accordance with the Department's"Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, March 1, 2014). The specific standard operating procedures (SOPS)to be used for this Grant shall be cited in the Grant.QA Plan (see Section 6). b.. Field-Generated Quality Control (QC) Blanks are defined in DEP SOP FQ 1000 (subparts FQ 1211 —FQ 1214) and shall be composed and analyzed for sample collection activities associated with this Grant according to the requirements of part FQ 1230 (sections 1. —2.3.1), DEP SOP.FS 2100 (Part FS 2110, sec. 2.1.1.2) and/or DEP SOP FS 2400 (Part FS 2430, sec. 2.1.1.2);-as applicable to the analytes and matrices to be collected using the sampling equipment specified in the Grant QA Plan (see Section 6 below). Exhibit E, DEP Grant#: MN008 2of6 DEP Quality Assurance Requirements for Grants Standard Field&Lab.Services Rev.11/29/2017 Packet Pg. 2486 0.10.c (i) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with-the sample, the Grantee shall investigate and attempt to determine the cause of the QC blank contamination. If any contracted sample results are qualified as in (ii) below,the outcome of this investigatiori shall be reported to the DEP Grant Manager and shall include a discussion of the corrective U) measures taken to minimize future occurrences of QC blank contamination associated with the collection of samples for this Grant. E (ii) If an analyte detected in the sample is also found in any field-generated QC.blank e that is associated with the sample,.the analytical result reported for the affected 2 sample shall be qualified as an estimated value, unless the analyte concentration in 4- the blank is less than or equal to 10% of the reported sample concentration. The"G" e data qualifier code shall be reported with the sample result for any blank concentration exceeding the above"1 OW criterion for the affected analyte (see Table 1, Chapter 62-160, F.A.C.): (s 4. REPORTING,DOCUMENTATION AND RECORDS RETENTION U) a. Reporting, Documentation and Records Retention shall be in compliance with the 0 provisions specified in the DEP Grant. b. Deliverable requirements for Reporting are further specified in DEP Grant Scope of Services. c. All laboratory and field records described or listed in Rules 62-160.240 and 62A60.340, FA.C., shall be retained for a minimum of five years after the generation (or completion) of the records applicable to the Grant. Longer retention_ times as specified in the Grant shall supersede. d. All field and laboratory data and supporting information shall be reported for this Grant according to applicable requirements in Subsections 62-160.340(3)—(8), F.A.C. e. Any other documentation and reports associated with work performed for this Grant shall be likewise retained and shall include relevant information for the procedures described in Sections 2 and 3, above. C f. Any documentation or reports specifically identified in this Grant as deliverable work products shall be retained as in 4.a., above. C g. All field and laboratory records that are associated with work performed under this Grant e shall be organized so that any information.can be quickly and easily retrieved for inspection, copying or distribution. h. The Department reserves the right to request some oral[ of the laboratory.or field information in an electronic format specified by the Department, as specified in the Grant as and/or Scope of Services, and/or as described in the approved Grant QA Plan,(see E Section 6). Also,.see Subsection.k., below. i. Any certified laboratory reports issued for contracted sample analyses using certified methods shall be generated in accordance with NELAC Quality.Systems requirements (NELAC 2003, section 5.5.10). j. Upon "request by the Department Grant Manager or as.required by the Grant, copies of the original laboratory reports shall be submitted to the Department Grant Manager. k. In addition to any reports of sample results provided per Grant deliverable requirements and Subsections b., e., f. and g., above, the Grantee shall submit any of the laboratory information and/or records associated with the contracted analyses as described in this section (Section 4) upon request by DEP, including any of the following: ► Laboratory sample identification (ID)and associated Field ID ► Analytical/test method ► Parameter/analyte name Exhibit E,DEP Grant#: MN008 3 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.11/29/2017 Packet Pg. 2487 • 0.10.c ► Analytical result(including dilution factor) ► Result unit ► Applicable DEP Data Qualifier Codes per.Table:1 of Rule 62-.160.70.0, F.A.C. ► Result comment(s)to include corrective/preventive actions taken.for any failed QC measure,(e.g.; QC sample:result, calibration failure) or other problem related to the analysis of the samples ► Date and time of sample preparation (if applicable) ► Date and time ofsample analysis ► Results of laboratory verification of field preservation of received samples. : : M ► Sample matrix A ► DoH ELCP certification number for each laboratory(must be associated with the e test results generated by each laboratory analyzing samples under this Grant) ► MDL, Limit of Detection (LOD) or other defined limit of detection ► PQL,Limit of Quantitation (LOQ) or other defined limit of quantification ► Field and.laboratory QC blank results: U) • Laboratory QC blank analysis results as required by the-method and the NELAC Quality Systems standards(e.g., method blank) Results for trip blanks,field blanks and:equipment blanks, as applicable to the project and as specified in the QA Plan (see Section 6) ► Results for field duplicates(or replicates) Results for other QC and calibration verification results,as applicable to the specific test methods used for the contracted analyses: Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates • Results of.surrogate spike analyses • . Results of laboratory control samples(LCS) • Results of calibration verifications Acceptance criteria used to evaluate each reported quality control measure I. Unequivocal documentation links between each reported laboratory quality control measure(e.g.-, QC blanks, matrix spikes, LCS, duplicates, calibration verification) and the associated sample result(s) shall be maintained for all contracted analyses, m. In addition to any field information.provided per Grant deliverable requirements, and Subsections b., e.,f. and g., above, the Grantee shall submit any of the field information and/or records associated with the contracted samples as described in this section (Section 4) upon request by DEP, including any of the following: ► Site name and location information ► Field ID for each sample container and the associated analytes.(test methods) -for which the container was collected ► Date and time of sample collection ► Sample collection depth, if.applicable ► Sample collection method identified by the DEP SOP number, where:applicable ► If performed, indicate samples that were filtered ► Field test measurement results: • DEP SOP number(FT-series), where applicable • Parameter name • Result • Result unit c� Applicable Data.Qualifier Codes per Table 1 of Rule 62-160.700, F.A.C. Exhibit E, DEP Grant#: MN008 4 of 6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services . Rev.1 1/29/2017 Packet Pg. 2488 O.10.c ► Narrative comments providing explanations, descriptions and/or discussions of: field conditions impacting QC for sample collections, unacceptable field measurements,field-testing meter calibration verification failures, or other problems related to the sampling event, and corrective/preventive actions taken for the items noted (e.g., for blank contamination or meter calibration failure). U) n. The Department reserves the right to request some or all of the laboratory or field information in a format as specified in the Grant and/or Scope of Services, and/or as described in the approved QA Plan (see Section 6). o 5. AUDITS 2 a. TECHNICAL AUDITS BY THE DEPARTMENT—Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits of field and laboratory activities. In addition to allowing o Department representatives to conduct onsite audits of contracted work in the field or at Grantee facilities, upon request by the Department,field and laboratory records pertinent to the contracted research as described per Section 4, above, shall be provided by the Grantee. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) of the Grant, do not meet the data quality objectives specified by the Grant, do not meet other applicable Department criteria described in the Grant, its exhibits, the QA Plan (see Section 6) or these QA Requirements, do not meet ' applicable data validation criteria outlined in Rule 62-160.670, F.A.C., or are not otherwise suitable for the intended use of the data (however applicable), the DEP Grant Manager shall pursue remedies available to the Department pursuant to the terms of the Grant. b. PLANNING REVIEW TECHNICAL AUDITS— (i) Initial: The Grantee shall review the Grant QA Plan (see Section 6) relative to the o completed field and laboratory activities to determine if data quality objectives are being met, identify any improvements to be made to project activities, and refine the sampling and/or analytical design or schedule, if applicable. A summary of the review, including any corrective action plans or amendments to the Grant QA Plan, shall be sent to the DEP GrantManager, and a copy of all submitted documents shall be maintained with the permanent project records. (ii) Ongoing: Planning reviews as described in subsection (i)above shall occur aft-er.the o initial planning review audit for the remainder of the Grant, as specified in the Scope of Services. , (iii) Statements of Usability: Initial and ongoing Planning Review Technical Audits described in (i) and (ii) above shall include statements about data usability relative to the Grant data quality objectives and any data quality indicators that may 0 specified in the Grant, its exhibits, the QA Plan (see Section 6), or these QA Requirements. This usability determination shall take into account all applicable data quality acceptance and usability criteria for quality control and environmental sample results for the Grant, as specified in the procedures, test methods, QA Plan, Quality Manual(s), other Grant exhibits, or these QA Requirements. (iv) Initial and ongoing reviews and summaries shall be completed within timeframes specified in the Grant Scope of Services. C. QUALITY SYSTEMS AUDITS—The Grantee shall ensure that any required laboratory and field quality system audits are performed according to the respective"Quality Manuals or other relevant internal quality assurance documents for each entity performing work under the Grant. The results of these audits shall be documented in the Grantee's records. Copies of the above audit reports or results shall be provided to the DEP Grant Manager upon request. Copies of audit records for internal audits conducted per DEP Exhibit E, DEP Grant#: MN008 5of6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.1 1/29/2017 Packet Pg. 2489 • 0.10.c SOP FA 1000 (subpart FA 4200) or NELAC Quality Systems requirements (NELAC 2003, section 5.4.13) shall be similarly provided upon request. 6. QUALITY ASSURANCE PLAN a. The Grantee shall submit a Quality Assurance (QA) Plan for the Grant to the DEP Grant Manager, as specified in the Grant Scope of Services. The Standard QA Plan Template U) may be used to capture all required elements in the Plan. M b. The DEP Grant number shall appear on the title page of the submitted QA Plan. The Department shall review and either approve the QA Plan or provide comments to the Grantee as to why the QA Plan is not approved, within timeframes specified in the Grant 2 Scope of Services. If further revisions are needed, the Grantee shall respond within timeframes specified in the Grant Scope of Services. The Department shall respond to 0 all revisions to the QA Plan within timeframes specified in the Grant Scope of Services. c. Work may not begin for specific Grant tasks until approval (or conditional approval) has been received by the Grantee from the DEP Grant Manager. Sampling and analysis for cas the Grant may not begin until the QA Plan has been approved (or conditionally U) approved). 0 d. Once approved, the Grantee(s) shall follow the procedures and methods described in the approved.QA Plan and any other relevant quality assurance documents, including, "0 but not limited to: _ ► Ensuring that all,stated quality control measures are collected, analyzed and evaluated for acceptability; ► Using only the protocols approved in the QA Plan; and ►° Using only the equipment approved in the QA Plan. If any significant changes occur in sampling project design, project analyte.list, procedures or test methods, equipment, or key personnel, the Grantee shall submit appropriate revisions of the QA Plan to the DEP Grant Manager for review, within timeframes specified in the Grant Scope of Services. The proposed revisions may not be implemented until they have been approved (or conditionally approved) by the DEP Grant Manager, as documented through written or electronic correspondence. °E 0 E 0 x ca Exhibit E,DEP Grant#: MN008 6of6 DEP Quality Assurance Requirements for Grants Standard Field&Lab Services Rev.1 1/29/2017 Packet Pg. 2490