Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item P07
} P.7 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting September 15, 2021 Agenda Item Number: P.7 Agenda Item Summary #9639 BULK ITEM: No DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 N/A AGENDA ITEM WORDING: Approval to enter into a $99,796 Task Order 410 for CEI services for canal 84 restoration under the on-call contract with Wood Environment and Infrastructure Solutions, Inc. for Category B canal infrastructure engineering services. ITEM BACKGROUND: This item is task order 410 for $99,726 to the Wood Environmental & Infrastructure Solutions, Inc. Category B on-call contract for canal infrastructure engineering services to provide construction engineering and inspection services for the canal 84 organic removal/backfill restoration in Rock Harbor, Key Largo. PREVIOUS RELEVANT BOCC ACTION: 08/17/16: Approval to advertise on call professional engineering services for the canal restoration program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal Infrastructure Engineering Services for Projects and Category C — Environmental Engineering Services. 11/22/16: Approval of Amendment No. 13 to the contract for Engineering, Design and Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler Environment and Infrastructure, Inc. to provide Construction Engineering, Environmental Inspections and Construction Administration Services in the amount of$88,612, related to Canal 483 muck removal, backfilling and air curtain project in Key Largo, Monroe County, Florida. 12/14/16: Approval to negotiate on-call contracts with Amec Foster Wheeler, Inc. and Tetra Tech Inc, the two highest ranked respondents for Category B - canal infrastructure engineering services. 03/15/17: Approval to enter into a $0 on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 03/15/17: Approval to enter into a $21,499 Task Order 1 for CEI and construction administration Packet Pg. 2811 P.7 services for the 290 air curtain installation, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 03/15/17: Approval to enter into a $87,762 Task Order 2 for CEI and construction administration services for the canal 83 muck removal / backfilling/ air curtain installation, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 05/17/17: Approval to enter into a $99,596.10 Task Order 43 for procurement and permitting services for the 4 canals for augmented aeration, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, which extends services authorized under Amendment No. 8 under a previous AMEC contract. Remaining funds are carried over from Amendment No. 8 and no new funds are required. 07/19/17: Approval to enter into a $60,403.40 Task Order 44 for procurement and permitting services for the Canal 75 backfilling project in Key Largo, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, which extends services authorized under Amendment No. 12 under a previous AMEC contract. Remaining funds are carried over from Amendment No. 12 and no new funds are required. 10/18/17: Approval to enter into a $57,402.00 Task Order 45 for construction, engineering, inspection and administration services for the Canal 75 backfilling project in Key Largo, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, funded in full by the $1.5M DEP Stewardship Grant LP44073. 12/31/17: Approval to enter into a $0 Amendment No. 1, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, to add the federal contract provisions required for reimbursement by FEMA for Hurricane Irma related services. O1/17/18: Approval to terminate Task Order 43 for procurement and permitting services for the 4 canals for augmented aeration, under the on-call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services. 06/20/18: Approval to enter into Amendment No 2, under the on-call contract with Amec Foster Wheeler Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services, to formally change their name to Wood Environment & Infrastructure Solutions, Inc., retroactive to April 16, 2018. 02/20/19: Approval to enter into Task Order 46 for $20,736.60; under the on-call contract with Wood Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services; for design, permitting and procurement assistance for installing a replacement air curtain system at the mouth of Canal 4266 located on Witters Lane in Big Pine Key to replace the air curtain destroyed by Hurricane Irma. 04/15/20 Approval to enter into Task Order 47 in the amount of$50,000, under the on-call contract with Wood Environment & Infrastructure Solutions, Inc. for Category B canal infrastructure engineering services, to complete the design services for a culvert on Canal 475 in Geiger Key as Packet Pg. 2812 P.7 approved under Florida Department of Environmental Protection Grant No. SDO09. 04/15/20: Approval to enter into Amendment No 3, under the on-call contract with Wood Environment and Infrastructure Solutions, Inc. for Category B canal infrastructure engineering services, to incorporate Florida Department of Emergency Management (FDEM) provisions; such that FDEM funding may be applied to work under this Agreement. 11/17/20: Approval to enter into Task Order 408 for $100,000 for design of a muck removal and backfill restoration project on canal 84 in Rock Harbor in Key Largo and permitting of canal 475 on Geiger Key funded by DEP Grant SDO11, under the on-call contract with Wood Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services. 12/09/20: Approval to enter into Task Order No. 09 for $58,029 for design, permitting and procurement of a culvert restoration project on canal 259 in Big Pine Key funded by U.S. Treasury "RESTORE" Grant 1 RDCGR170099-01-00; under the on-call contract with Wood Environment and Infrastructure Solutions, Inc. for Category B canal infrastructure engineering services. 03/17/21: Approval to enter into a no-cost amendment number 4 for a one-year renewal under the on-call contract with Wood Environment and Infrastructure Solutions, Inc. for Category B canal infrastructure engineering services. CONTRACT/AGREEMENT CHANGES: task order STAFF RECOMMENDATION: Approval DOCUMENTATION: Monroe County - Category B - Task Order 410 - Canal 484 CEI CA Services FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: March 14, 2022 Dollar Value of Task Order: $99,726 Total Cost to County: None Budgeted: Yes Source of Funds: Stewardship Grant LPA0089 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: No County Match: N/A Insurance Required: Yes Additional Details: 09/15/21 001-06000 - GRANTS $99,726.00 REVIEWED BY: Packet Pg. 2813 P.7 Rhonda Haag Completed 08/26/2021 12:31 PM Pedro Mercado Completed 08/26/2021 4:06 PM Purchasing Completed 08/26/2021 4:10 PM Budget and Finance Completed 08/26/2021 4:17 PM Maria Slavik Completed 08/26/2021 5:30 PM Liz Yongue Completed 08/30/2021 2:44 PM Board of County Commissioners Pending 09/15/2021 9:00 AM Packet Pg. 2814 P.7.a TASK ORDER #10 FOR CATEGORY B ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CANAL RESTORATION SERVICES BETWEEN MONROE COUNTY AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. FOR THE CANAL #84 ROCK HARBOR CANAL ORGANIC REMOVAL AND BACKFILL RESTORATION PROJECT INCLUDING CONSTRUCTION ENGINEERING INSPECTION AND ADMINSTRATION SERVICES IN, MONROE COUNTY, FLORIDA ca In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 15th day of March 2017 and Amendment No.1 dated December 131h, 2017, and Amendment No.2 dated June 20, 2018, between Monroe County, hereinafter referred to as the "County" and Wood Environment & Infrastructure Solutions, Inc. hereinafter referred to as "Consultant" where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. WITNESSETH co WHEREAS canal 84 located between Grouper Lane and Cuda Lane in Rock Harbor on Key Largo is rated as "poor' in water quality; and WHEREAS, the canal was selected based on water quality summary, neighborhood participation, ease of implementation and permitting, and cost of implementation; and WHEREAS, an organic removal, backfilling and air curtain as a combined restoration project is proven restoration technique that was vetted during the demonstration projects and is anticipated to increase the water quality in the canal; and WHEREAS, the construction of the project is $1.25 Million, not including the resident- owned air curtain; and 0 WHEREAS the work will be done in accordance with State grant guidelines and funding from the Florida Keys Stewardship Act of$1,299,984.65; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Consultant agree as follows: 0 Article 1.1 Terms of Agreement: c This Task Order is effective September 15, 2021, and shall expire 60 days after the final deliverable to the County is submitted. CEI&CA Services for Canal#84 Project September 15,2021 Page 1 of 4 Packet Pg. 2815 P.7.a Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: TASK 1: CONSTRUCTION INSPECTIONS AND ADMINISTRATION The Consultant will provide construction engineering and environmental site inspections and construction administration services for the Canal #84 Organic Removal and Backfilling Project. Adventure Environmental Inc. was selected as the construction contractor for the Canal #84 Project and provided a 120 day construction schedule for ' completion. Below are the services to be provided: a) Site Inspections: The Consultant will provide up to eight hours daily site inspections for the 120-day construction schedule Monday through Friday during field construction activities and prepare daily work reports showing contractors activities, equipment, maintenance of traffic and environmental compliance. b) Construction Administration: The Consultant will provide consultation and advice to County regarding the Contractor's performance of the Contract. The Consultant will liaise with the County, homeowners, and other stakeholders as necessary to administer the construction contract. Deliverable: Construction Engineering and Inspection report (Electronic in PDF format) to document the completion of the project in accordance with the plans, specifications, and permits. Article VII, Paragraph 7.1.1 is amended to include the following: co The Consultant shall be paid monthly for time and expenses based on hourly rates and the following not to exceed amounts (except where noted): Task 1: Construction Inspections and Administration $101,376.00 Total (not to exceed) $101,376.00 [REMAINDER OF PAGE PURPOSELY LEFT BLANK] 0 0 C 0 CEI&CA Services for Canal#84 Project September 15,2021 Page 2 of 4 Packet Pg. 2816 P.7.a IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. CONSULTANT: WITNESS: y WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS INC. T 19/08/2021 ' '�" 19/08/2021 Signature Date Signature Date > Service Line Lead Title (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: by: Deputy Clerk Mayor/Chairman00 76 Date: N` E COU Ada 4Y _ �}A c 0 C 0 CEI&CA Services for Canal#84 Project September 15,2021 Page 3 of Packet Pg. 2817 P.7.a EXHIBIT A LPA0089 le T co le cn m 0 0 2 c 0 Packet Pg. 2818 P.7.a 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: Canal#84 Rock Harbor Canal Organic Removal and Backtilling Restoration Project LPA0089 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) � Grantee Name: Monroe County Entity Type: Local Government T Grantee Address: 1100 Simonton Street, Key West, FL 33040 FEID: 59-600074 U (Grantee) 3. Agreement Begin Date: Date of Expiration: t> Upon Execution December 31,2022 — 4. Project Number: ProjectLocation(s): (If different from Agreement Number) Lat/Long(25.0451,-80.488) p � Project Description: The grantee will remove organic material from Canal#84 in Rock Harbor. c, 5. Total Amount of Funding: Funding Source? Award 4s or Line Item Appropriations: Amount per Sources : $1,299,984.65 0 State ❑Federal Keys,GAA LI 1660A,FY 19-20,LATF $299,235.11 .2 2.1 ® State ❑Federal Keys,GAA LI 1660A,FY 19-20,SOETF $1,000,000.00 Rn State ❑Federal Keys,HB 447,FY 16-17,GR $749.54 Total Amount of Funding+Grantee Match,if any: $1,299,984.65 6. Department's Grant Manager Grantee's Grant Manager U Name: Sue Leitholf Name: Rhonda Haag 00 or successor or successor Address: Florida Dept.of Environmental Protection Address: Sustainability Director 3900 Commonwealth Blvd.,MS 3506 102050 Overseas Highway,Ste.246 tJ Tallahassee,FL 32399-3000 Key Largo,FL 33037 Phone: (850)245-2920 Phone: (305)453-8775 Email: Susan.Leitholf@dep.state.fl.us Email: Haag-rhonda@monroecounty-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 'e V Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 2 Attachment 2: Special Terms and Conditions 9 Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements C V Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available athttps://facts.fldfs.com,in accordance with§215.985,F.S. � ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): 2 0 Exhibit A: Progress Report Form ❑ Exhibit B:Property Reporting Form Y Exhibit C:Payment Request Summary Form m ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LPA0089 Rev.6/20/18 Packet Pg. 2819 P.7.a 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 1(a)(1): Federal Award Identification Numbers (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: c, Award R&D? ❑ Yes ❑N/A m IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the le last date signed below,whichever is later. Monroe County GRANTEE Grantee Name CJ By (Authorized Signature) Date Signed > Roman Gastesi,County Administrator Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT tJ By Secretary or Designee Date Signed Trina Vielhauer,Director of Water Restoration Assistance Print Name and Title of Person Signing CJ Z Additional signatures attached on separate page. 00 CJ P OVE COUNTYFORMF11�IEY AFTRPEb J.J. c le D, to 3/11/21 0 0 C 0 DEP Agreement No. LPA0089 Rev.6/20/18 Packet Pg. 2820 P.7.a DWRA Additional Signatures le Sue Leitholf,DEP Grant Manager T Sandra Waters,DEP QC Reviewer 00 CD m le cn m 0 0 2 c 0 Packet Pg. 2821 P.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 y 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), pp constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. U) a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: �? i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions U iv. The Exhibits in the order designated in the Standard Grant Agreement y b. All approvals,written or verbal, and other written communication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected U) by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained 00 in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the ' following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement y period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3, Grant Work Plan, are less than twenty percent(20%)of the total budget as last approved by Department; (3) ' changing the current funding source as stated in the Standard Grant Agreement;and/or(4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. , The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, c U 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. c 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 m in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department U 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 1of11 Rev.5/6/2020 Packet Pg. 2822 P.7.a 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 knowingly 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, -le if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate M or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the �? deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will U be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or y activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or 00 Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered c, penalties. ' b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10) days of receipt of a CAP, Department shall notify Grantee in writing whether the ' CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to 0 obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to c CJ require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement c the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the m performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2of11 Rev.5/6/2020 Packet Pg. 2823 P.7.a 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or _Ie for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with M Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. U Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: U https://www.mvfloridaefo.com/DivisiolVAA/Manuals/documents/RefereneeGuideforStateExpenditures.pd£ e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all 00 work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is U contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: y www.ii,lvfloridaefo.colii/Divisioli/AA/Vendors/def,tult.htm. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must ' be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 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: c CJ a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent cu on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. c b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead,indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates m E supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. Attachment 1 3of11 Rev.5/6/2020 Packet Pg. 2824 P.7.a c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers 0 charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such _Ie funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive M 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 691-72,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 �? work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a 0 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 c, subcontract.The Grantee may request approval from Department to award a fixed-price subcontract y resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section LU 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. 00 d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific ' approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. y g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the ' terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or U 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 c U following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal cu Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting 0 acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting Attachment 1 4 of 11 Rev.5/6/2020 Packet Pg. 2825 P.7.a period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: _Ie a. The Department reserves the right to establish the amount and application of retainage on the work performed M under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work v) was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe �? stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. 0 d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing U procedures under this Agreement. y 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the 00 Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of c, any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide y proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.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. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall , notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30)days of the effective date of termination. The c CJ Department shall not pay any invoices received after thirty (30)days of the effective date of termination. cu b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in m E addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and < Attachment 1 5of11 Rev.5/6/2020 Packet Pg. 2826 P.7.a to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only forCD that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it -le has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been M paid for but not rendered. e. Transition of Services Upon Termination.Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as cn necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. �? If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will U be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default y notice. � 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; 00 b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, U incomplete,or insufficient information; ' d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities,individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; y g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; ' h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the 0 specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: , i. Entry of an order for relief under Title i i of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; c CJ and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. c 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars E of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing Attachment 1 6of11 Rev.5/6/2020 Packet Pg. 2827 P.7.a resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. 0 The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence le of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars, acts M of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE v) FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No �? claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, 1 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 c, performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after y the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2)contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. U 18. Indemnification. 00 a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: c, i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in ' part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon y Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at ' Grantee's sole expense. The Grantee shall not be liable for any cost, expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably 0 withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the , negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter c CJ arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or c otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. m 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. Attachment 1 7of11 Rev.5/6/2020 Packet Pg. 2828 P.7.a 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due 0 Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. y 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized cn 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: 0 i. Public Entt 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 U to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a y 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 U) 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. LLJ 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 00 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, t, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. r iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the y 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 0 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. c CJ 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 c 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 is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole Attachment 1 8of11 Rev.5/6/2020 Packet Pg. 2829 P.7.a option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee _Ie is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with M Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. U The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying t) the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the �? executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in U accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The y Department,the State,or their authorized representatives shall have access to such records for audit purposes during W the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In � the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow W U) access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of: (1)three years after the expiration of the Agreement;or(2)the period required by the 00 General Records Schedules maintained by the Florida Department of State(available at: http://dos.mv florida.com/librarv-archives/records-management/general-records-schedules. 27. Audits. U a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including y 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 0 performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or U 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 c U updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit i to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) c identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether m E the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form Attachment 1 9of11 Rev.5/6/2020 Packet Pg. 2830 P.7.a number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apes.fldfs.corn\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR _Ie 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, M general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. op e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. �? i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement 0 for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of U money demanded by Department. Interest on any refund shall be calculated based on the prevailing y rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. 00 iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. CJ The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed y solely by Grantee. b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For ' cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. 0 c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c. shall not relieve Grantee of its obligation to perform all work , in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under :5 any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred c U under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. c f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting E 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 Attachment 1 10 of 11 Rev.5/6/2020 Packet Pg. 2831 P.7.a Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee -le is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new M parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. v) The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This �? Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. cJ If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions y are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. � All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained W U) technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all LLJ controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. 00 The Grantee shall not sell, assign, or transfer any of its rights, duties,or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly c, waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its ' intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have y 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. ' 0 CJ 0 CJ 2 C 0 Attachment 1 11 of 11 Rev.5/6/2020 Packet Pg. 2832 P.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LPA0089 ATTACHMENT 2 y These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and a Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. T 1. Scope of Work. The Project funded under this Agreement is Canal 484 Rock Harbor Canal Organic Removal and Backfilling Restoration Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. cn 2. Duration. U a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2020 and ends at the expiration of the Agreement. b. Extensions.There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. c, 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following 00 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,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition CJ 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 0 6. Land Acquisition. c, There will be no Land Acquisitions funded under this Agreement. 2 r- 7. Match Requirements c There is no match required on the part of the Grantee under this Agreement. Attachment 2 1 of 2 Rev.5/6/2020 Packet Pg. 2833 P.7.a 8. Insurance Requirements 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 _Ie laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and$500,000 policy aggregate. v) b. Commercial Automobile Insurance. r If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile �? liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall 0 be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: U $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable y $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S.and employer U) liability coverage 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 Grant. d. Other Insurance.None. CJ 9. Quality Assurance Requirements. 00 00 There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be h® performed under this Agreement. 12. State-owned Land. c The work will not be performed on State-owned land. CJ 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. U None. 2 C 0 Attachment 2 2of2 Rev.5/6/2020 Packet Pg. 2834 P.7.a ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Canal 484 Rock Harbor Canal Organic Removal and Backfilling Restoration Project PROJECT LOCATION: The Project will mainly be located in the Rock Harbor neighborhood,which is located within the unincorporated area of Key Largo, Monroe County; Lat/Long (25.0451, -80.488) See Figure 1 for a location map T PROJECT BACKGROUND: In 2013, Monroe County (Grantee) completed a comprehensive Canal Management Master Plan(CMMP)in order to provide a framework to identify,prioritize,and correct water quality impairments within the entire Florida Keys canal network. In total, out of 502 canals, 171 canals v) received a Good water quality classification,but 180 received only a Fair classification, and 131 received the lowest Poor classification. Canals receiving a Poor classification were scored and ranked using specific canal attributes in order to provide a list of high priority canals which were suitable for consideration of various public works restoration projects. Much work has been completed in restoring these Poor canals however additional management and planning is required to continue the program including coordinating with the Department of Economic Opportunity on the implementation of the Canal Work Program, attending meetings with stakeholders and preparing grants for execution of the projects. Canal 484 in Key Largo was identified as a Poor canal that is filled with organic sediment,has deep pockets, lacks oxygen, and needs restoration. Much work has already been accomplished by Monroe County in e( implementing seven canal restoration projects that included air curtains, culverts, organic removal, and backfilling. 00 PROJECT DESCRIPTION:. The Grantee will restore Canal 484 in Rock Harbor through the removal of organic material in the form of degraded seaweed that has accumulated in the back end of the canal, and backfilling to raise the canal bottom to 6 feet below the Mean Sea Level, which is the optimum depth to allow for tidal flow in and out of the canal. These improvements are anticipated to restore the impaired waters of the canal and bring the dissolved oxygen levels up to meet marine water quality standards. m TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Proiect Management Deliverables: The Grantee will perform project management, including field engineering services, c construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Documentation: The Grantee will submit interim progress status summaries including summary of inspection(s), meeting minutes and field notes, as applicable. U 2 Performance Standard: The Department's Grant Manager will review the documentation to verify that C the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. m Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. DEP Agreement No. LPA0089, Attachment 3,Page 1 of 3 Packet Pg. 2835 P.7.a Task 2: Construction Deliverables: The Grantee will complete the Canal 484 Rock Harbor Canal Organic Removal and Backfilling Restoration Project in accordance with the construction contract documents. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 2) a signed Engineer's Certification of Payment Request. T Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE &BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task Task Title Budget Grant Task Start Task EndLU Category Amount Date Date No. 00 Contractual * I Project Management Services $ 129,923.51 07/01/2020 06/30/2022 Contractual 2 Construction $1,170,061.14 07/01/2020 06/30/2022 Services Total: $1,299,984.65 m 0 0 2 C 0 DEP Agreement No. LPA0089, Attachment 3, Page 2 of 3 Packet Pg. 2836 P.7.a Figure 1. Location map 1 d 1 S i wt A .> $ 63 �1,ft w r�" � t'J fi � L.ety. ,{ 1 .�� �i;,, I� i✓�'�:��t~ d ��� 4 tyt 1"-04 .6*0 U) �i CO U { CD p 1 Ift nn y v. W q� V q V DEP Agreement No. LPA0089, Attachment 3, Page 3 of 3 Packet Pg. 2837 P.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless w of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term"contract"means the "Agreement." If Grantee is a"contractor"as U defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. _ e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor LU U or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all 00 Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC ca RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services jr floridadep.gov. Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofi Rev.4/27/2018 Packet Pg. 2838 P.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) le Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may be referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, 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(CFO)or Auditor General. e( CJ AUDITS PART I:FEDERALLY FUNDED 00 This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 I. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative c to auditee responsibilities as provided in 2 CFR 200.508-512. CJ 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted 0 in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. C 0 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov E Attachment 5 1 of 7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2839 P.7.a PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. m 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 (for fiscal years ending June 30, 2017, and thereafter), the Ie recipient must have a State single or project-specific audit for such fiscal year in accordance with Section M 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. pp EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State cn financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. �? 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the 1 audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local U governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. y 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, W U) 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). 00 et 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act web site located at hops://apps.fldfs.com/fsaa for assistance. In addition to the r_ above websites, the following websites may be accessed for information: Legislature's Website at U 1-ittp://www.leg.state.fl.us/Vi7elcome/index.efm, State of Florida's website at http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgeli/. PART III: OTHER AUDIT REQUIREMENTS le (NOTE: This part would be used to sped 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, 0 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 0 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit W Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 0 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2840 P.7.a By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street 0 Jeffersonville,IN 47132 _Ie Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, a 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found athttp://harvester.census.gov/faeweb/ U 2. 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: v) A. The Department of Environmental Protection at one of the following addresses: �? By Mail: 1 Audit Director Florida Department of Environmental Protection U Office of Inspector General,MS 40 y 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(c�,.dep.state.fl.us B. The Auditor General's Office at the following address: 00 et Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street ' Tallahassee,Florida 32399-1450 The Auditor General's website http://fltuditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. le 3. 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: 0 Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 , 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 0 CJ Electronically: FDEPSingleAudit(c�,.dep.state.fl.us 0 4. 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 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2841 P.7.a 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. le PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five(5)years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental v) Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. U CJ 00 CD CJ CJ CJ m le 0 CJ 0 CJ 2 C 0 U Attachment 5 4of7 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2842 11BO-uO l ) s a! tg# l - 0L#a laa GIs - 13 Ra 4 - A4unoo eojuoLAJ :4u9ua 3 44 Cl) coIq a a_ m to '..a IZII 0 N E E � w w 0 Z o � O � � I U � •� by , U , W W " � I U O O v Q C C W y U U ,o? 'Q y wa wa ,o? wa wa qv w �" 'i� a 11BO-uO l ) s a! tg# l - 0L#a laa GIs - 13 Ra 4 - A4unoo eojuoLAJ :4u9ua 3 44 co a 't 't cn O y T R � Z t' 8 C j �--r �--r Y� � �--r �"r V � •w�i �1 y,' � nay c Q ct w tO - o m —lz O O U O y O ° Qt O v p p v H by tj to � U U 3 3 O O a! z Qt Qt U w � w �' a� a� w `'� p O •� v7 � � .� O U5 vi J� QI CC IZ Y ✓' �i (V Y ✓' n�� i•Y Qt Qt to Iz � eC U U U eC � U r" r" � U O U •— � � �` N � L7 U L7 � � � U � •� O � U .� � '� .� O '� U .O •O U � � O U bA —lz O O O Y y •� V V m m fl G w to GA to 0Qt Qt � °�' °�' � U P.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form le DEP Agreement No.: LPA0089 Project Title: Canal 484 Rock Harbor Canal Organic Removal and Backfilling Restoration Project Grantee Name: Monroe Count Grantee's Grant Manager: Rhonda Haag > cn Reporting Period: Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period. Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered.Use the format provided below. �? Task 1: Proiect Management • Progress for this reporting period: • Identify any delays or problems encountered: 00 Task 2: Construction • Progress for this reporting period: , • Identify any delays or problems encountered: m Indicate the completion status for the following tasks: • Construction(Estimated): % 0 This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. a, 0 2 Signature of Grantee's Grant Manager Date C 0 Exhibit A,Page 1 of 1 Rev. 12/02/19 Packet Pg. 2845 P.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION m Exhibit C Payment Request Summary Form le The Payment Request Summary Form for this grant can be found on our website at this link: a htt s://floridade�.�ov/wra/wra/docui tents/ avment-re nest-SUni iarv-form U Please use the most current form found on the website, linked above, for each payment request. CD 00 0 0 2 C 0 Exhibit C,Page I of I Rev. 12/02/19 Packet Pg. 2846