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Item T06 T.6 County �� .�� y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Me Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting September 15, 2021 Agenda Item Number: T.6 Agenda Item Summary #9692 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 N/A AGENDA ITEM WORDING: Approval of Amendment No. 1 to the Grant Agreement between Monroe County and the Florida Department of Environmental Protection Providing $325,000 in Funding Appropriated by the Florida Legislature During the 2020 Legislative Session to Assist with Monroe County's Mobile Vessel Pumpout Service, to Provide a Three (3) Month Extension Through September 30, 2021. ITEM BACKGROUND: The Florida Legislature during its 2020 legislative session approved a line-item appropriation of$325,000 to assist Monroe County ("Board", "BOCC", or the "County") with the operation of a Mobile Vessel Pumpout Service ("Service" or"service(s)")between the period of July 1, 2020, through June 30, 2021 with the Florida Department of Environmental Protection ("FDEP" or"DEP") serving as the grant management entity for this funding. At its regular January 20, 2021, meeting, the BOCC approved attached grant agreement no. MV396 with DEP to provide this funding. Most recently to date, the BOCC has provided these services through temporary contractual agreements with the City of Key West("City") and with On The Hook Marine Services, LLC ("On The Hook"). The City is currently servicing vessels in anchorages surrounding the Key West and Stock Island areas and On The Hook is currently servicing vessels anchored in the Upper Keys. Their respective contracts currently provide for services through September 30, 2021. In July 2021, Monroe County professional staff were notified by FDEP that they (i.e., the State of Florida through the Florida Department of Environmental Protection) intend to operate a mobile pumpout service in the Florida Keys of Monroe County, utilizing the mobile pumpout funding that the Florida Legislature had earlier appropriated for state fiscal year 2021-2022. Monroe County professional staff had previously anticipated that this funding was to be utilized directly by the County, consonant with previous appropriations by the Legislature and consistent with previous practices of the FDEP; in that event, such funding would have, in substantial part, assisted in covering the County's expenses in providing the above-referenced temporary pumpout services for the period of July 1, 2021, through September 30, 2021. Packet Pg. 3949 T.6 In response, Monroe County professional staff requested a 3-month extension to the existing grant agreement with DEP to provide reimbursement for costs through September 30, 2021. DEP has granted this request and has provided the attached Amendment No. 1 to this contractual agreement for Board approval. To date, $217,695.55 of the $325,000.00 appropriation has been reimbursed by DEP for services provided through June 30, 2021. The remaining balance of$107,304.45 will be sufficient to cover costs between July and September 2021, which are estimated to total approximately $75,000. This includes retroactive reimbursement of expenses incurred in the County's Boating Improvement Fund for services in July and August 2021. No match funding is required by Monroe County. PREVIOUS RELEVANT BOCC ACTION: January 2021 —Approval of Contract with FDEP CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment 1 DEP Grant Agreement FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: September 30, 2021 Total Dollar Value of Contract: $325,000 Total Cost to County: $0 Current Year Portion: N/A—Retroactive expenses by BIF to be reimbursed by grant Budgeted: n/a Source of Funds: Grant Account 125-63631 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: no If yes, amount: Grant: Yes County Match: No Insurance Required: Yes Additional Details: None Packet Pg. 3950 T.6 REVIEWED BY: Emily Schemper Completed 08/31/2021 12:22 PM Peter Morris Completed 09/07/2021 3:04 PM Purchasing Completed 09/07/2021 3:12 PM Budget and Finance Completed 09/07/2021 3:13 PM Maria Slavik Completed 09/07/2021 3:57 PM Liz Yongue Completed 09/07/2021 4:55 PM Board of County Commissioners Pending 09/15/2021 9:00 AM Packet Pg. 3951 L6.a AMENDMENT NO. 1 TO AGREEMENT NO. MV396 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Amendment to Agreement No. MV396(Agreement)is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Monroe County Board of County Commissioners Marathon Government Center,2798 Overseas Hwy., Suite 420 Marathon,Florida 33050(Grantee),on the date last signed below. 0 0. WHEREAS,the Department entered into the Agreement with Monroe County, for operations of equipment effective July 1, :5 CL 2020; and 0 WHEREAS,to fully utilize awarded project funding,the Grantee has requested, and the Department approves an extension of the Project Completion date of the Agreement for an additional three(3)months; NOW THEREFORE,the parties mutually agree as follows: CL e( 1) The Project Completion date of the Agreement is extended for a three(3)month period. The new Project 0 Completion date,which is the date all work under this Agreement must be completed,is September 30,2021. The T- Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. E 2) Attachment 3, Grant Work Plan is hereby deleted in its entirety and replaced with Attachment 3-A,Revised Grant Work E Plan, as attached to this Amendment, and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan. 0 2 All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. r DEP Agreement No.MV396 Amendment I Page 1 of 2 Packet Pg. 3952 L6.a The parties agree to the terns and conditions of this Amendment andhave duly authorized their respective representatives to sign it on the dates indicated below. Monroe County Board of County Commissioners GRANTEE Grantee Name By (Authorized Signature) Date Signed 2 0 0. Print Name and Title of Person Signing CL State of Florida Department of Environmental Protection DEPARTMENT m 0 By 0 Secretary or Designee Date Signed Print Name and Title of Person Signing CL 0 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS FIRST AMENDMENT: 0 Attachment 3-A:Revised Grant WorkPlan MONROE ..1 ATTonNEY 0 APP a T > PETER MORRIS ASSISTANT COUNTY ATTORNEY 9/7/21 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.MV396 Amendment 1 Page 2 of 2 Packet Pg. 3953 L6.a DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED GRANT WORK PLAN DEP AGREEMENT#: MV396 ATTACHMENT 3-A PROJECT TITLE: Monroe County Mobile Vessel Pump out Program ("Project") A. Scope of Services.In Support of the Clean Vessel Act Grant Program,the Florida Legislature w recognizes the importance of reduction or elimination of environmental impacts associated with the illegal �. discharge of sewage from vessels,and compliance with the regulations of the federal No Discharge Zone 0 established by the U.S. Environmental Protection Agency and no discharge regulations established by the 0' Florida Keys National Marine Sanctuary.To that end,the Florida Legislature has appropriated$325,000 in CL nonrecurring funds for a marine sewage pump out program to assist Grantee with alternative funding for its m mobile vessel pump out service (Service).The County Boating Improvement funds will provide$36,400 towards the Service. c The Grantee's Service,currently free to recreational boaters in the Florida Keys,is helping to ensure compliance 0 with the regulations of the federally established No Discharge Zone and is critical in ensuring that water quality in the Florida Keys remains high. The $325,000 in funding assistance provided under this Agreement E will assist with the costs of the Service currently being provided by Monroe County, thus helping to improve and preserve water quality that is vital to the economy and marine ecosystems of the Florida Keys. CL e( Under this Agreement,the Grantee subcontract the Monroe County Mobile Vessel Pump out Services at a unit rate not to exceed$85.00 per pump out,for pump out services from July 1,2020 through September 30,2021, for a maximum compensation of$325,000. Services be provided to anchored vessels located in anchorages within the waters of the Florida Keys,by one or multiple subcontracted entities. Monroe County abide by all subcontracting provisions specified in this Agreement,including submission of all executed subcontracts to the Department for prior written consent by the Department's Agreement Manager prior to submission of any E invoices for subcontracted work. B. Service Period.July 1,2020 through September 30,2021. 0 C. Deliverables. For each quarter that services are provided, the Grantee shall submit the following after the close of each quarter: 2 1. A signed quarterly pump out report from its Contractors documenting the number of pump outs performed,including the number of in-state vessels and out-of-state vessels pumped;volume of sewage pumped;number of individual vessels pumped out; and method of disposal.Due no later than the 30th day following the close of each quarter. m 2. A Quarterly Progress Report Form(Exhibit A),including documentation of submission of the Quarterly Return on Investment Report to the Governor's Office of Policy and Budget(OPB).Due no later than the 30th day following the close of the quarter. et 3. Invoices for Services provided by its Contractors.Due no later than the 30th day following the close of each quarter. E Attachment 3-A,DEP Agreement#MV396 Page 1 of 2 Rev.8/28/17 Packet Pg. 3954 L6.a D. Cost and Invoicing.The quarterly payment shall be calculated by multiplying the appropriate rate per pump out,times the number of pump outs completed during the quarter. Calculations shall be included in the Invoice.The Grantee shall submit a quarterly invoice by the 30th day following the close of each quarter. Each invoice shall contain the following: a. Invoice date; b. Agreement number; c. Dates of Service; and d. Documentation of number of pump outs performed. E. Timeline.The Grantee shall submit quarterly reports and invoices by the 30th day following the close of the quarter,specifically October 30,2020 for the quarter I July through September 2020;January 30th,2021 for 0 the quarter 2 October through December 2020;April 30th,2021 for the quarter 3 January through March 2021; July 30,2021 for quarter 4 April through June 2021; October 3011'2021 for July through September 202 i. CL F. Performance Measures.The Department's Agreement Manager shall review the quarterly reports and .0 0 documentation to ensure that the number of pump outs are performed each quarter for each temporary service based on the established quotas. 0 G. Financial Consequences.The Department will temporarily withhold cash payments pending correction of a deficiency by the Grantee;disallow all or part of the cost of the activity or action not in compliance; cu request refund of previously disbursed payments related to deficiency;wholly or partly suspend or terminate this agreement;withhold future task assignments for the project or program.Any and all equipment,products or materials necessary to perform this Agreement shall be supplied by the Grantee's subcontractor,unless CL otherwise specified herein. 0 0 2 U Attachment 3-A,DEP Agreement#MV396 Page 2 of 2 Rev.8/28/17 Packet Pg. 3955 Kevin a , CPA _ . Clark of the CircuitI r—Monme County, Florida TO: Celia l ' s, Sr. Marine Resources qc FROM- Pamela 4 •C. CL ^�5 W Meeting c Attached is an electronic copy of die following item, executed on behalf r your l Grant Agreement between Monroe County and theen Environmental Protection providing$325,000.00 in funding as appropriated by die Legislaturea 2020 Legislative Session to assist with Monroe CountVsVessel Purnpout Service through June 30, 2021. c 0 Please a to return a copy of the fiffly executed agreement once signed by die Shouldl contact 0 2 CL LU cc. File IKEYWEST MARATHON PLANTATIONBUILDING ' V 11 i i I J ' rFlodd 33050 Key, i 1 - 1 Packet Pg. 3956 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Mobile Vessel Pump Out Program MV396 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) 2 Grantee Name: Monroe County Board of County Commissioners Entity Type: Local Government W Grantee Address: 2798 Overseas Hwy, Suite 420,Marathon,FL 33050 FEID: 59-6000749 c (Grantee) 0- 3. Agreement Begin Date: Date of Expiration: :5 7/01/2020 6/30/2021 0) 4. Project Number: CVA20-017 ProjectLocation(s): 0 (If dfferentftom Agreement Number) 2798 Overseas Hwy., Suite 420,Marathon,FL 33050 Project Description: 0 Monroe County mobile vessel pump out program 5. Total Amount of Funding: Funding Source? Award 4s or Line Item Appropriations: Amount per Source(s): m $325,000.00 S/State ❑Federal Line Item No. 1590, GAA,Fiscal Year 2020-2021 $325,000.00 CD ❑ State ❑Federal et a. ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $325,000.00 c 6. Department's Grant Manager Grantee's Grant Manager Name: Shelley Ayers Name: Celia Hitchins m or successor or successor E Address: 3900 Commonwealth Blvd.,MS 235 Address: 2798 Overseas Hwy., Suite 420 Tallahassee,Florida 32399 Marathon,Florida 33050 E e( 0 Phone: 850-309-0598 Phone: 305-289-2805 Email: shelley.ayers@floridadep.gov Email: hitchins-celia(a(monroecounty-fl.gov 2 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: V Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements Y Attachment 2: Special Terms and Conditions E CyJ Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements V Attachment 5: Special Audit Requirements r- ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at httus://facts.fldfs.com,in accordance with§215.985,F.S. CL ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): m VExhibit A:Progress Report Form U ❑ Exhibit B: Property Reporting Form V Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEPAgreementNo. W396 Rev.6/20/18 Packet Pg. 3957 & The folloving information applies to Fadaml Grants only and is identified in accordance with 2 CFR 200-331(a)(1), ................... .............................. ........ PedWa-I—Award Id.=fficdion Number'(sj ............. Fedwal Award Date to Total Fe §Vtod lq this ALrtxm,enIi..h--: dwW I—A .. . .......... R&D? A IJ Yes ON/A IN VVMESS WHEREOF,this Agmment shafl be effeedve on the date hvile meat Been Date above or the last date slgwwd be l Is later. .2 ow whichever Mome Couna-Board of ' .Ldoners 11,1L r r RANTER XCU)"', U)K-rurm.-TC. Cmmtw Name LI 0 By E Bv. ........................................ i puii� (Autho Sgnature) S A iped s ff, CL 0 Mayor Mchelle Coldiron Pamela Hancock.I ---- , 2 —iiin—t Namc and,Title of Perwn S' 0 State of Florida Departinent of Environnwntal Protudon DEPART&Mff .................... ........... E Date:2021.01.25 09:08:09-05'00' BY Secrawy or Desipee Date Signed CL Pnnt Name and Title of Person Sh,i i n v U Ad&tiojW signatma attached on separate pap. E E MONROE ATTORNIV 0 N 'ru APFW > 2 PEMMORM ASMTAWCOUNWATTMEY E CL E DIEP AgrOment NO. M%7396 Rw.6/20/18 Packet Pg. 3958 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), t) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. � a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the m 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 iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal, and other written communication among the parties,including all notices, shall m be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, e( U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered c 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 m in the respective parties' records. A change of Grant Manager does not require a formal amendment or change a order to the Agreement. m 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 0. exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement �-- period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3, Grant Work Plan, are less than twenty percent(20%)of the total budget as last approved by Department; (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 c. extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. ca 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1of11 Rev.8/10/2020 Packet Pg. 3959 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, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 0 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager CL before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain T outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the 0 deliverables within 30 days of receipt,they will be deemed rejected. 2 b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or E 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 e( acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may c. 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 c 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 m Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department 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 m E CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department c. does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2of11 Rev.8/10/2020 Packet Pg. 3960 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 for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an 0 amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. CL d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs m upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.mvfloridaefo.com/DivisiolVAA/Manuals/documents/ReferenceGuideforStateExpenditures.pd£ E 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 CL accordance with the Grant Work Plan. LLJ f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of c 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 m work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the a Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: �-- www.lilyfloridaefo.colii/DivisiolVAA/Vendors/def,tult.htm. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must m E 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. E 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 c. conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or E match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead,indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. Attachment 1 3of11 Rev.8/10/2020 Packet Pg. 3961 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 charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 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 0 of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its E subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. CL i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may m award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract E 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 CL 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. c ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the 03 terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property CL (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing E Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting U 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.8/10/2020 Packet Pg. 3962 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: a. The Department reserves the right to establish the amount and application of retainage on the work performed U 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 0 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 CL was actually performed. The Department shall provide written notification to Grantee of the failure to perform m 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. 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 m procedures under this Agreement. E W 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 CL described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to LU make compliance with the insurance requirements of this Agreement a condition of all contracts that are related c to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. -a c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation m demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide �-- proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add m E the Department of Environmental Protection,its employees,and officers as an additional covered party m 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 CL specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for LU work to be paid under this Agreement within thirty (30)days of the effective date of termination. The Department shall not pay any invoices received after thirty (30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described E in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and Attachment 1 5of11 Rev.8/10/2020 Packet Pg. 3963 to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. 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 0 obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant E Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as CL necessary to complete the transition or continued portion of the Agreement,if any. m 14. Notice of Default. 0 If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of 2 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 m be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default E notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- c. 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 c 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; m b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department a of such,made by the Grantee in this Agreement or in its application for funding; 0) c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, E 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 0. any other entities as required by this Agreement; �-- g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; m E h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; CL ii. The making by Grantee of a general assignment for the benefit of creditors; uJ iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing Attachment 1 6of11 Rev.8/10/2020 Packet Pg. 3964 resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the 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 0 arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably E foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE CL FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT T TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after E 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 c of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall a 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: E i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon �-- Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at E Grantee's sole expense. The Grantee shall not be liable for any cost, expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. Attachment 1 7of11 Rev.8/10/2020 Packet Pg. 3965 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 Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. c°s 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. 0 a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section E 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized CL aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible m for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Enti. Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a E 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 e( or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public c. entity; and may not transact business with any public entity in excess of the threshold amount LLJ provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the c date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a m public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the a 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, et supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the �-- discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. E 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. e( 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.8/10/2020 Packet Pg. 3966 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 is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business 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. 0 25. Lobbying and Integrity. E The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying CL the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow c. 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 c 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 m General Records Schedules maintained by the Florida Department of State(available at: a http://dos.mv florida.com/librarv-archives/records-manaaement/E!eneral-records-schedules. 27. Audits. E 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 76 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. 2 b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or m storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment LLJ 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 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) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form Attachment 1 9of11 Rev.8/10/2020 Packet Pg. 3967 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 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, Q general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. U) 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 0 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 CL 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 2 demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing E 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. CL 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 c 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. m iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do a not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For 03 cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any c. subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. ca f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Attachment 1 10 of 11 Rev.8/10/2020 Packet Pg. 3968 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 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new W parent company guarantee all of the obligations of Grantee. 32. Survival. U) 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 0 public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. a. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its T agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This 0 Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions E 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 c. 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 c Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties,or obligations under the Agreement, or under a any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event m of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the 0. Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have �-- the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. 03 W 2 CL LU Attachment 1 11 of 11 Rev.8/10/2020 Packet Pg. 3969 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.MV396 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. t) 1. Scope of Work. 0. The Project funded under this Agreement is Monroe County Mobile Vessel Pump Out Program.The Project is defined in more detail in Attachment 3,Grant Work Plan. m 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on 7/01/2020 and ends on the expiration of this Agreement.. b. Extensions.There no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a fixed rate 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 Pa.Advance Pay is not authorized under this Agreement. c 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 m budget categories,as defined in the Reference Guide for State Expenditures,as indicated: a Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ru ❑ ❑ a. Fringe Benefits,N/A. > 2 ❑ ❑ b. Indirect Costs,N/A. 0. 0. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. c- u.o 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 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 Attachment 2 1 of 2 Rev.8/10/2020 Packet Pg. 3970 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability c°'s insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. c 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 CL damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall m be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: 2 $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer E 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. c- 9. Quality Assurance Requirements. 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 with the prior written consent of the Department's Grant - Manager. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any 76 invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. The Grantee will identify the expected return on investment for this project and provide this information to the Governor's Office of Policy and Budget(OPB)within three months of execution of this Agreement.For each full �. calendar quarter thereafter,the Grantee will provide quarterly update reports directly to OPB,no later than 20 days after the end of each quarter,documenting the positive return on investment to the state that results from the Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the CL LLJ Grantee is instructed by OPB that no further reports are needed,or until the end of this Agreement,whichever occurs first.All reports shall be submitted electronically to OPB at env.roi(y/'lasnbs.state.fl.us,and a copy shall also be submitted to the Department at legislativeaffairs(a.,floridaDEP.gov. 14. Additional Terms. �\csnc. AnY terl-ns ackled here i-mist be approved by the lrffice r f(feneral (`otinsel. Attachment 2 2of2 Rev.8/10/2020 Packet Pg. 3971 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO.:MV396 ATTACHMENT 3 PROJECT TITLE:Monroe County Mobile Vessel Pump out Program 0 0. A. Scope of Services.In Support of the Clean Vessel Act Grant Program,the Florida Legislature recognizes the CL importance of reduction or elimination of environmental impacts associated with the illegal discharge of sewage from m vessels,and compliance with the regulations of the federal No Discharge Zone established by the U.S.Environmental Protection Agency and no discharge regulations established by the Florida Keys National Marine Sanctuary.To that c end,the Florida Legislature has appropriated$325,000 in nonrecurring funds for a marine sewage pump out program to assist Grantee with alternative funding for its mobile vessel pump out service(Service).The County Boating Improvement funds will provide$36,400 towards the Service. The Grantee's Service,currently free to recreational boaters in the Florida Keys,is helping to ensure compliance with the regulations of the federally established No Discharge Zone and is critical in ensuring that water quality in the Florida Keys remains high. The $325,000 in funding assistance provided under this Agreement will assist with the CL costs of the Service currently being provided by Monroe County,thus helping to improve and preserve water quality that is vital to the economy and marine ecosystems of the Florida Keys. 0 Under this Agreement,the Grantee shall subcontract the Monroe County Mobile Vessel Pump out Services at a unit rate not to exceed$85.00 per pump out,for pump out services from July 1,2020 through June 30,2021,for a maximum compensation of$325,000. Services shall be provided to anchored vessels located in anchorages within the .E waters of the Florida Keys,by one or multiple subcontracted entities. Monroe County shall abide by all subcontracting provisions specified in this Agreement,including submission of all executed subcontracts to the E Department for prior written consent by the Department's Agreement Manager prior to submission of any invoices for subcontracted work. c 76 B. Service Period. July 1,2020 through June 30, 2021. 2 C. Deliverables. For each quarter that services are provided, the Grantee shall submit the following after the close of each quarter: 1. A signed quarterly pump out report from its Contractors documenting the number of pump outs performed,including the number of in-state vessels and out-of-state vessels pumped;volume of sewage pumped;number of individual vessels pumped out; and method of disposal.Due no later than the 30th day following the close of each quarter. 2. A Quarterly Progress Report Form(Exhibit A),including documentation of submission of the Quarterly Return on Investment Report to the Governor's Office of Policy and Budget(OPB).Due no later than the 30th day following the close of the quarter. CL 3. Invoices for Services provided by its Contractors.Due no later than the 30th day following the close of each quarter. °3 Attachment 3,DEP Agreement 4MV396 i of 2 Packet Pg. 3972 D. Cost and Invoicing.The quarterly payment shall be calculated by multiplying the appropriate rate per pump out, times the number of pump outs completed during the quarter. Calculations shall be included in the Invoice.The Grantee shall submit a quarterly invoice by the 30th day following the close of each quarter.Each invoice shall contain the following: I. Invoice date; 2. Agreement number; 3. Dates of Service; and 4. Documentation of number of pump outs performed. E. Timeline.The Grantee shall submit quarterly reports and invoices by the 30th day following the close of the quarter,specifically October 30,2020 for the quarter I July through September 2020;January 30th,2021 for the quarter 0 2 October through December 2020;April 30th,2021 for the quarter 3 January through March 2020; and July 30,2021 0. for quarter 4 April through June 2020.Due to the execution date,Invoices for Quarters I and 2 may be combined and submitted by January 301h 2021. CL 0 F. Performance Measures.The Department's Agreement Manager shall review the quarterly reports and documentation to ensure that the number of pump outs are performed each quarter for each temporary service based on the established quotas. E G. Financial Consequences.The Department will temporarily withhold cash payments pending correction of a deficiency by the Grantee;disallow all or part of the cost of the activity or action not in compliance;request refund of previously disbursed payments related to deficiency;wholly or partly suspend or terminate this agreement;withhold CL future task assignments for the project or program.Any and all equipment,products or materials necessary to perform this Agreement shall be supplied by the Grantee's subcontractor,unless otherwise specified herein. c 0 2 W 2 CL Attachment 3,DEP Agreement 4:MV396 2 of 2 Packet Pg. 3973 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the .2 Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida v) 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 00. as required by law. E 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. ate. For the purposes of this paragraph, the term "contract"means the "Agreement." If Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: 0 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. E 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 a. are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. c e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public .E 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 c 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. e( f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC E RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.scrviccs(jrfloridadc .gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request E 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofi Rev.4/27/2018 Packet Pg. 3974 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 u The administration of resources awarded by the Department of Environmental Protection(which may be referred to W 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. 0. E MONITORING CL In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and c 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 0 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 03 Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any m additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees 2a to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief CL Financial Officer(CFO)or Auditor General. AUDITS c 0 PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR r_ §200.330 E 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- 0 specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this 76 Attachment indicates Federal funds awarded through the Department of Environmental Protection by this 0 Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all 0. sources of federal awards, including federal resources received from the Department of Environmental W 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. E 2 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 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 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. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cf(la.gov Attachment 5 1 of 6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 3975 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 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. t) 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 0 recipient shall consider all sources of state financial assistance,including state financial assistance received E from the Department of Environmental Protection, other state agencies, and other nonstate entities. State CL financial assistance does not include federal direct or pass-through awards and resources received by a m nonstate entity for Federal program matching requirements. 2 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(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 governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. E 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, c. Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial LLJ assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section c 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). m 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access a the Florida Single Audit Act website located at hops://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at et http://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 c http://www.myflorida.com/audgen/. 0 PART III: OTHER AUDIT REQUIREMENTS �-- (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) CL PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by E or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 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 2of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 3976 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can t) be found athttp://harvester.census.gov/facweb/ 0 0. 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: � m A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 E 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 CL e( Electronically: FDEP SingleAudit(c�,.dep.state.fl.us c B. The Auditor General's Office at the following address: m Auditor General -a Local Government Audits/342 Claude Pepper Building,Room 401 E 111 West Madison Street Tallahassee,Florida 32399-1450 a The Auditor General's website(http://flauditor. ov provides instructions for filing an 2 electronic copy of a financial reporting package. 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 m E addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard CL Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAuditn.dep.state.fl.us E .a 4. Any reports, management letters, or other information required to be submitted to the Department of a 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 3of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 3977 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. 2 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 0 Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon E request. The recipient shall ensure that audit working papers are made available to the Department of Environmental CL Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three(3)years m from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. 0 W 2 CL 0 2 W 2 CL Attachment 5 4of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 3978 4nodwnd el!qoWaOI 4u8w8GJ6V d3a 04 L 4u8wPuOwV 10 ' n®add ) 4u8w8GJ6V WW :4u8wg3B44 a, s3 � tD Cl) I— a_ d mil y t t O N IZII E E w w o � Z o � O � � U p� U O U 7D O ~ -1 v I U � •� by � U � CC SUi v U F•ry 0 O �••' � � � � U c��C V c��C W U cC cC U o � w v� ww w v� ww w P4 a 4 o wnd el!qoW aOI 4u8w8GJ6V d3a 04 L 4UOWPUOWV 10 ' n®add ) 4u8w8GJ6V WW :4u8wg3B44 c s3 °° tD Cl) I— acc a� •� O a� O a� O (i�s4z, Q a U Oct U bA Ste. N � O X piV)IF U `� y U O � Op iy U � O •� .� U w "O "O � � N � cn � � ,� ycd m •� P4 P4 L7 L7 O CZ U Z4, V w Q oQjw o U u Q H ° Z UZ c d Z4, o Qt o ° � �: ¢,,ct U N ct Qt U Qj p� L7 L7 U O ¢ aUi �zl O U O U U U U ,C. o a a ° � ° �w ° � tea; a; U bA�i U Qj U P. O a f O ( DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: 1 -39 2 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: 0 E Reporting Period: CL Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of 0 actual accomplishments to goals for the period; if goals were not met,provide reasons why; provide an update on the estimated time for completion of the task and an explanation for E any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. a. The following format should be followed: c 0 Task 1: Progress for this reporting period: 03 Identify any delays or problems encountered: a� 0 2 This report is submitted in accordance with the reporting requirements of DEP Agreement No. Aureemenfit No, and accurately reflects the activities associated with the project. c. Signature of Grantee's Grant Manager Date Exhibit A,DEP Agreement#:MV396 Iofi Rev. 5/30/2017 Packet Pg. 3981 Exhibit C PAYMENT REQUEST SUMMARY FORM DEP Agreement No.: MV396 Agreement Effective Dates: Grantee: Grantee's Grant Manager: Mailing Address: . Payment Request No. Date of Payment Request: 0 0. Performance Period (Start date—End date): E a. Task/Deliverable No(s). Task/Deliverable Amount Requested: $ 0 GRANT EXPENDITURES SUMMARY SECTION 0 AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE 2 (As authorized) PAYMENT THIS REQUEST MATCHING REQUESTS FUNDS CL Salaries/Wages $N/A $ $N/A $N/A p 0 Fringe Benefits $N/A $ $N/A $N/A �- Indirect Cost $N/A $ $N/A $N/A m Contractual(Subcontractors) $ $ $N/A $N/A .E Travel $N/A $ $N/A $N/A Equipment(Direct Purchases) $N/A $ $N/A $N/A Rental/Lease of Equipment $N/A $ $N/A $N/A c Miscellaneous/Other Expenses $N/A $ $N/A $N/A 0. Land Acquisition $N/A $ $N/A $N/A TOTAL AMOUNT $ $ $N/A $N/A TOTAL TASK/DELIVERABLE $ $N/A BUDGET AMOUNT Less Total Cumulative Payment $ $N/A Requests of: N TOTAL REMAINING IN TASK $ $N/A CL GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being E requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Exhibit C,DEP Agreement#:MV396 I of 3 Rev.6/14/2019 Packet Pg. 3982 Grantee's Certification of Payment Request I , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) do hereby certify for cu (Print name of Grantee/Recipient) v) DEP Agreement No. and Payment Request No. that: 0 El The disbursement amount requested is for allowable costs for the project described in Attachment A of CL the Agreement. 0 El All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the ro,ect; such costs are documented b invoices or other appropriate pp p g p l Y documentation as required in the Agreement. El The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; CD and the Grantee is not in default of any terms or provisions of the contracts. a. Check all that apply below: 0 ❑ All permits and approvals required for the construction,which is underway,have been obtained. �- ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. E ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request,and such E certifications are included: 0 Professional Service Provider(Name/License No.) Period of Service (mm/dd/yy—mm/dd/yy) 0 0. 0. CL Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature E Print Name Print Name Telephone Number Telephone Number Exhibit C,DEP Agreement#:MV396 2of3 Rev.6/14/2019 Packet Pg. 3983 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. g PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). 0. TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or � claiming match for(must agree with the current Grant Work Plan). c' m TASKIDELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE B UDGET AMO UNT"line for the"AMOUNT OF THIS REQUEST"column. c GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the 4 current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the a. column total on the"TOTAL AMOUNT'line. Enter the amount of the task on the"TOTAL TASK BUDGETAMOUNT°' line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE c PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL TASK BUDGET AMOUNT"for the amount to enter on the"TOTAL REMAINING IN TASK"line. m "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request(this amount cannot exceed the approved budget amount for that budget category for the task e( you are reporting on). Enter the column total on the"TOTALS"line. Do not enter anything in the shaded areas. 0 "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the 0 task you are reporting on. This needs to be shown under specific budget categories according to the currently approved 0. Grant Work Plan. Enter the total on the"TOTAL AMOUNT"line for this column. Enter the match budget amount on t the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any � previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF'line for this column. Deduct the"LESS TOTAL CUMULATIVEPAYMENTSOF'from the"TOTAL TASK B UDGETAMOUNT"for the amount to enter on the "TOTAL REMAINING IN TASK"line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should show the total of all claims,first claim through the final claim, etc. Do not enter anything in the shaded areas. a. w GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers ;j that certified work or services completed during the period included in the request for payment. Must be signed by W both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. E NOTES: If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services,Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Exhibit C,DEP Agreement#:MV396 3of3 Rev.6/14/2019 Packet Pg. 3984