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HomeMy WebLinkAboutTask Order 10 09/15/2021 vuR CA RTQ\11 �"p•°°N��-;-.. '' Kevin Madok, CPA / o'.g �'"-• '`-41:= Clerk of the Circuit Court&Comptroller—Monroe County, Florida kt DATE: September 28, 2021 TO: Rhonda Haag Chief Resilience Officer Liz Yongue Executive Assistant FROM: Pamela G. Hanc4611.C. SUBJECT: September 15th BOCC Meeting Attached is an electronic copy of the following item for your handling: P7 $101,376.00 Task Order#10 for CEI Services for Canal 84 restoration under the On-Call Contract with Wood Environment and Infrastructure Solutions, Inc. for Category B Canal Infrastructure Engineering Services. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 TASK ORDER #10 FOR CATEGORY B ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CANAL RESTORATION SERVICES BETWEEN MONROE COUNTY AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. FOR THE CANAL #84 ROCK HARBOR CANAL ORGANIC REMOVAL AND BACKFILL RESTORATION PROJECT INCLUDING CONSTRUCTION ENGINEERING INSPECTION AND ADMINSTRATION SERVICES IN, MONROE COUNTY, FLORIDA In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 15th day of March 2017 and Amendment No.1 dated December 13th, 2017, and Amendment No.2 dated June 20, 2018, between Monroe County, hereinafter referred to as the "County" and Wood Environment & Infrastructure Solutions, Inc. hereinafter referred to as "Consultant' where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. WITN ESSETH WHEREAS canal 84 located between Grouper Lane and Cuda Lane in Rock Harbor on Key Largo is rated as "poor' in water quality; and WHEREAS, the canal was selected based on water quality summary, neighborhood participation, ease of implementation and permitting, and cost of implementation; and WHEREAS, an organic removal, backfilling and air curtain as a combined restoration project is proven restoration technique that was vetted during the demonstration projects and is anticipated to increase the water quality in the canal; and WHEREAS, the construction of the project is $1.25 Million, not including the resident- owned air curtain; and WHEREAS the work will be done in accordance with State grant guidelines and funding from the Florida Keys Stewardship Act of$1,299,984.65; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Consultant agree as follows: Article 1.1 Terms of Agreement: This Task Order is effective September 15, 2021, and shall expire 60 days after the final deliverable to the County is submitted. CEI&CA Services for Canal#84 Project September 15,2021 Page 1 of 4 Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: TASK 1: CONSTRUCTION INSPECTIONS AND ADMINISTRATION The Consultant will provide construction engineering and environmental site inspections and construction administration services for the Canal #84 Organic Removal and Backfilling Project. Adventure Environmental Inc. was selected as the construction contractor for the Canal #84 Project and provided a 120 day construction schedule for completion. Below are the services to be provided: a) Site Inspections: The Consultant will provide up to eight hours daily site inspections for the 120-day construction schedule Monday through Friday during field construction activities and prepare daily work reports showing contractors activities, equipment, maintenance of traffic and environmental compliance. b) Construction Administration: The Consultant will provide consultation and advice to County regarding the Contractor's performance of the Contract. The Consultant will liaise with the County, homeowners, and other stakeholders as necessary to administer the construction contract. Deliverable: Construction Engineering and Inspection report (Electronic in PDF format) to document the completion of the project in accordance with the plans, specifications, and permits. Article VII, Paragraph 7.1.1 is amended to include the following: The Consultant shall be paid monthly for time and expenses based on hourly rates and the following not to exceed amounts (except where noted): Task 1: Construction Inspections and Administration $101,376.00 Total (not to exceed) $101,376.00 [REMAINDER OF PAGE PURPOSELY LEFT BLANK] CEI&CA Services for Canal#84 Project September 15,2021 Page 2 of 4 IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. CONSULTANT: WITNESS: WOOD ENVIRONMENT &INFRASTRUCTURE SOLUTIONS INC. ei 19/08/2021 �tr..... 19/08/2021 Signature Date Signature Date Service Line Lead ii,: c-TitleF ,s o " a' 1. VBOARj `g . t'SEAL) 4' D OF COUNTY COMMISSIONERS ` .'i ATTEST VIN MADOK CLERK OF MONROE COUNTY, FLORIDA VA _n,*A\ iI 7 (.\\ ----:..L.,--.7- ', ciai 1 i 1 eseftto. C-7 /11,4,14,vetil, By: by: As Deputy C erk Mayor/Chairman Date: 15 2-0 2-1 /gArti,vviAtit_. N E,COI) 11 144Y PEDROJ` . : - . Date.. 2,. LL. E ,s... L.J 0— '---i L.I.J . ?/. : ' c y CEI&CA Services for Canal#84 Project September 15,2021 Page 3 of EXHIBIT A LPA0089 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Aireement This L)reemcni is eniered into between the Parties named below,aa=o Section 215.97 1, Florida Statutes: 1. PrQj eel Title(Project): Agreement Number: Canal 984 Rock Flat-b0t'C;Lna1 Organic Removaland BackfiffiDg Restot'.160D Pt'0jCCt LPA0089 2. Panics State of Florida Department ol'Env irotimental Protection, 3900 Commomvealth Boulevard (Deparimeni) Tallahassee, Florida 32399-30110 GrantecName: MonroeCountv Enfity Tvl)e: Local Government CL uj 0 Grantee Address: 1100 Simonton Street, Key West, FI, 33040 FEID 59-600074 u- 3. A-reement Be-in Date: Date of Expiration: 1 0 Upon Execution Deceniber 31, 2022 CL 4. Project Number: Protect Location(s): U) Lat/Long(25.0451,-80.488) Project Description:, The grantee will remove organic material from Canal #84 in Rock Harbor. U) cr) 00 5. Total Amount of Funding: Funding Source? Awarcl=s or Line heni Ap pro prit:iions: Amount per Source(s): cD 0 $1,299,984.65 Z State DFederal Keys,GAA LI 1660A, Fri' 19-20, LATE $299,235.11 < V State �Federal Keys,GAA LI 1660A, FY 19-20,SOETF sl'ollo'lloo.01) State �Federal Keys, HB 447., FY 16-17,GR $749.54 -o Total Amount of Fundino,+ Grantee Maich, ifany S1,299,984.65 >0 6, Departmerit's Grant Maniger Grantee's Grant Maiviger 0. CL Maine: Sue Leitholf Name: Rhonda Haag or successor Or SUCCessor Address: Florida Dept.of Em'ironniental Protection Address: Sustainability Director 0 3900 Commonwelk1th BIN A.,MS 3506 102t150 01,crseas Highway U) Ste. 246 Tallahassee, FL, 32399-3000 Key Lai-go, Fl-33037 4T Phone: (850)245-2920 Phone: (305)453-8775 001 Email: Susan.Leitholf( dep.state.fl.us Email: liaag-t-hontl.t(4'iiiotiroccoutity 7. The Parties a-ree to comply with the terms and conditions of the following altachnients and exhibits which are hereb Y incorporated by reference: co CD 4 Ausachment 1: Standard Tenets and Conditions Applicable to All Granis Aggreenienis 7- Attachment 2: Special Terms and Conditions Attachment 3: Grant Work- Plan Z Ailachnient 4: Public Records Requirements 0 Z Ailachment 5: Special Audit Requirements CL uj Attachment 6: Pro-ram-Specific Requirellielits Attachment 7: Grant Award Ternis(Federal)�c:opym whihte�tw in aL:coi tbnk:c ith§2 15,985.F,S. Attachment is: Fedenal Rq gulations and Tennis(Federal) Additional Attachments(if nccessary): ,Z Exhibit A: Progress Report Fonn — Exhibit B: Property Reporting, Form Y Exhibit C: Payment Request Summary Form Exhibit D: Quality Assurance Requirements forGraills, Exhibit E:Advance Payment Terris and Inicrest Earned Memo Additional Exhibits(if necessary): DEP Agreement No, LPA0089 Rev,6/201N Packet Pg.3173 0.11.a 8, The fo I lowino informaiionapp I jes to Federa I Grams only and is identified in accordance with 2 CFR 200331(0 I Federal Award Identification Num�er(s) `F:�I�I}; � Fedenal Award Date to Departmenc Touts Federal Funds Oblio.,ated by this Aoreemem: Federal Awarding Agency: Award R&D? Yes �IN/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last la—te-11.i.11-4111CII below,whichever is later. M oil roe Coll lity GRANTEE CL Gramee Name w 0 LL By (4 Date Signed Roman Gastesi,County Administrator U) Print Nanweared Title of Person S'Ll"11 State of Florida Department of Environmental Protection DEPARTMENT U) cr) 00 CD By Secretary or Desionce Date Signed Trina Vielhauer, Director of Water Restoration Assistance Print Name and Title of Person Si", 0 CL Z- Additional signatures attaclied on separate page. 0 0 U) Aart EUNTY ATTOMEY V 0� 4T 001 PEDO O O J_MERCAGG,---� A SS S I STA� —COU NTY AIM FIN EY 12 co Date 3/11/21 C) CL uj DI-T Agreemem No. LPA0089 Rev,6/201N Packet Pg.3174 PWRA Additional Si natUres Sucr Leitho f, PET'Cirwit Manager 0 U- U) Sandra Waters, PEP QC" Reviewer co CD a� 0 a U) a) 1 co C) C C CL LU �s c a Packet Pg.3175 STATE OF FLORIDA DEPARTME'.\'T OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS A P I"L ICABLE TO GRANT AGR E-EME NTS ATTACHMENT I 1. Entire Ag,"reement. This Grant Aorcemem.including Anachmen(sand Exhibits referred to hereinand/orat lac lied hereto�Agrecment), 1� W constitutes the entire agreement between the parties vvith respect to the sub'jeci matter hereof and supersedesall prior 0 agreements, whether written or oral, with respect to such sub ect matter. Any terms and conditions included Oil LL Grantee's foriiis or invoices shall be null nand void. 1 Grant Administration. 0 a. Order of precedence. If there are con fl ic fi ng provisions among the doct iments I hit make up the Agreement,the CL order of precedence for interpretation of the Agreement is as follows: L Standard Grant At-regiment ii. Attachments other than Allachinew 1, in numerical order as designated in the Siandard Grant Agreement iiL Attachirient I. Standard Terms and Conditions U) cr) iv, The Exhibits in the order designated in the Standard Grant A-recillent 00 CD b. All approvals,written or verbal, and other written communication amom, the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by clectronic mail, CL 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 sere ice del ivery, receipt,other mail scry ice delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, [lie notice will be considered > L, 0 delivered at the earliest delivery tune.. c. If different Grant Maim-cr is desi-mated by either party after execution of this AgreeniciiL notice of the name CL mid contact information of the new Grant Maimucr will be submitted in writim,to(lie other party and maintained in the respective parties' records. A change of Grant Manager does not require a forinal amendment or change order to the Agreemcntt 0 d, This Aoreemem may be amended. throtiolia forimal ,miencinlem or as chanoc order, only by as written agreement U) between both parties. A formal aniendment to this Agreement is required for changes which cause any of tile Q following: (1) an increase or decre-ase in the Agreement funding amount, (2) a chanoe in Graillec's rilatch 11* requirements;(3)as chanoc in the expiration date of the Agreement- and-or(4)changes to the cumulative amouill 001 of funding transfers between approved budoet categories, as defined in Attachment 3, Grant Work Plan, that 12 exceeds or is expected to exceed twenty percent (20%,,) of the total budget as last approved by Departineill. A a) change order to this Agreement may be used whew �1) task time within the current authorized Agreement CD 9 co period clianoe:(2)the cumulative transfer of funds bem-cen approved budget categoories.as defined in Attachment W" 3, Gram ork Plan, are less than twenty percent(20$'0 of the total budget as last approved by Deparimem: (3) changing[lie current Funding source as stated in the Standard Grant Agreement,and/or(4)fund transfers between budgm categories for the purposes of mcetin£o match requirements. This Agreement may be amended to provide for additional services ifadditiomal funding is madc avaikable by the Legislature. 0 e. All days in this Ageement are calendar days unless otherwise specified. CL LIJ 3. Agreement Duration. The term of the A gueement shall be-in and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accorchance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement 1or work performed on or after the date of execution through the expiration date of this Ai4yreelliclit, miless othenvise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee at-revs to render the services orollicrunits of deliverables as set forth in Attachment3,Grant Work PLan. The services or other traits of del iverab les slial I be delivered in XCOT-dance w ith[lie schedule and at the pricing outlined in the Grant Work Plan. Defiverables may be comprised of activities that must be completed prior to Depart hear making payment oil that deliverable. The Grantee agrees to perform in accordance with [lie terms and conditions set forth in this Aoreement and all ,ittachmems and exhibits incorporated by the Standard Graill Agreement. Attachment I I of I I Rov-5i6/2020 Packet Pg.3176 5. Performance Measures. The Grantee warrants that: (I) (lie services will be performed by qUillified personncl; (2) the services will be of(lie kind and quality described in the Grant Work Plan: ()) the services will be perfornied in a professional and work'niall like Inanner in accordance with inclustry standards and practices, (4) the services shall not ind do not knowingly infringe upon the intellectual property rights,or vary"other proprietary rights,oCany third party'.and(5)its employees,subcontractors,and/or subgrantees shill coniply with any security and safety requirenients and processes, ifprovided by Departilleffl, fear work done at tile Project Location�s). The Department reserves the ri-lit to ilivestiLmle J n - or inspect at any time to cleternihic whether the services or qualifications offered by Gramee meet the A&Ircement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of as particular deliverable W does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured all 0 the time of delivery U- 6. Acceptance of Defiverables. a. Accemance Process. All deliverables must be received and accepted in wrifing by Department's Grant Manager 0 before payment. The Gramee shall work diligently to correct all deficiencies inn the deliverable that remain rm outstandino.within as reasonable time at Grantees expense. U'Departmem s Gram Manager does not accept the :E U) delivenibles within 30 days of receipt, I[icy will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject defiverables—is outlined in the Grant Work Plan,as incomplete, inadequate,or unacceptable due, in whole or in part,to Grantee's hick of satisfactory performance under the testis of this Agreement.The Grantee's efforts to correct the rejected deliverables will 'i cr) be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or 00 CD activities in accordance with[lie Grant Work- Plan will result in rCJ n ectio of tine deliverable and the associated invoice. Payment for flie rejected deliverable will not be issued miless the rejected deliverable is made acceptable to Department inn accordance with the Agreement requirements. The Department,at its option,may allow additional tinie within which Grantee may remedy the objections noted by Departmcntt The Grantee's f.ailure to make adequate or acceptable deliverables aftera reasonable opportunity to do so shall constitute an > 0 event of default. L- 7. Financial Consequences for Nonperformance. CL a. Withholdim-) Pavinem. In addition to ilie specific consequences explained in ilie Grant kVork Plan and,'or Special Tennis and Conditions,the State of loricla(State)reserxes the right to withhold payment when the Grantee has failed to perforriveomply with provisions of this Agreement.None of the financial consequences 0 for nonperforinarice ill this Ageement as more fully described in the Grant Work Plan shall be considered pen"'Otim as b. Corrective Action Plan. IfGrantee Fails to correct all the deficiencies in as rejected deliverable within the specified 11* 001 timefname, Department may, in its sole discretion, request that as proposed Corrective Action Ran (CAP) be 0 submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CA Ps must be able to be implemented and performed in no more Oian sixty(60)calendar days. i. The Gramee shall subunit as CAP within ten (10) days of the date of the written request from CO C) Depaniiiem The CAP shall be sent to the Deparimem's Gram Mamager for review and approval. Within ten (10) days of receipt of as CAP, Department shall notify Gramee in writing whether tile CAP proposed has Keen accepled. If the CAP is not accepted,Gram cc sh.al I have ten(10)days from receipt of Department letter rejecting the propos.al to submit at revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may restilt in Department's terillination of 0 dais A gueement for C',ILISC as aut.1 iod zed i n this Agreemen L CL uj ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to colliniclice implenlentition of`the accepted plan. Acceptance of the proposed CAP byDepartilient does not relieve Grantee of away of its obligations under the Agreement In the event the CAP fails a) !Z� t� P to correct or climinate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Aurcenient for failure to perform. No actions approved by Deparmient or steps taken by Gramee sliall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall Mlli]ILIC 10 iMplCilient the CAP until all deficiencies are corrected. Reports oil the IM-Ogress of the CAP will be made to Department as requested by Department's Grant Manager. in Failure to respond to as Department request for as CAP or failure to correct as deficiency in the perfonuance of the Aoreemem as specified by Department may result ill teninmation of the Agreement, Attachment I ?of It Rov-5i6/2020 Packet Pg.3177 8. Payment. a. Pavniem Process. Sub ect to the tennis and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department a-orces adance with Section ?1'�.422, Florid a Statutes(F.S.). to pay Grantee for services rendered in,ccor b. Taxes.The Department is exempted from payment ofStatc 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 obli0ations with Department.The Grantee shall not use Department's exemption number in securing such materials, 'The Gramme shall be responsible and liable for the P.,-iymcm of all its FICA,Social Security and other taxes resulting, froin this W A�rccmem, 0 c. Nfaxinitim Amount of Mrcemcm. The maximum amount of compensalion tinder this Agreement. wiihotii an U- amenchnem,is described in the Standard Grant Agreement.Any additional funds necessary for i-he completion of this Pro'jeci are flic responsibiliiy of Grantee. 0 d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis forall eligible Prqjcc1 costs rm upon the completion, submittal. and approval of' each deliverable identified in die Gram Work Plan. U) Reimbursement shall be requested on Exhibit C, Payment Request Summary Fonn. 'To be eligible for rcimbursemenL costs must be in compliance with laws,rules,and regulations applicable to expenditures of Slille funds, including. Nit not limited to, dic Reference Guide for State Expenditures, which can be accessed at the followim, web address: U) I iti I)s:, Nvw w 111 V floriclad'o,coni/D i v is io ii.,(A A/M artualsidocunicnis,Re fe re i ice Qu ide 1`6 rS i ate E x jau d J turcs,pdf: 00 CD e. Invoice Detail. All charges (or 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-atidit and CL post-audii to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f- Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of > 0 deliverables to date have first been accepted in writing by Department's Grant Mani,-cr. IL Final Pavnient Request-A final payment request shoilld be submitted to Department no later than sixty (60)days CL following the expiration date of the Agreement to ensure the availability of funds for payment. However., ,all work performed pursuant to the Grarit Work Plan must be performed on or before the expiration date of the Agreement. 0 li. Annual Atvrooriation Comingency. The State's perfonnance and obligation to pay under this Agreement is U) contingent upon an ,annual appropriation by the Legislature. This Agreement is not a comminnent of future appropriations. Authotizalion for continuation and completion of work and any associated payments may be 4T rescinded, with proper notice, ai the discretion of Department if the Legislature reduces or eliminates 001 U) appropriations. i Interest Rates. All interest rates charged under the Aoreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to:to irvYlalarlaa�lt �taii7 Cat CO CD isioi),-AAI;\,'eiidoi-.i�de ti.ili,l'iti'ti. Refund of Payments to the Dcpartmcrit Any balance of unobligated funds that have been advanced or paid must a. be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantec is entitled under the lenris of the Agreement must be refunded to Departinem. lf'(Iiis Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Depwiment its 0 share of those funds. CL uj 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2. Special Terns and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match req Li irements for the fo I lo w ing, bud-c I cate-ories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary relates, and hours spent on the Prqjcct in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or match requirements. b. Oveiiic,,id,,'Iiidirecii'GeiieriI and Administrative Costs. If Granice is bein(-) reimbursed for or claiming nialch for muhipliers,all multipliers used(i.e., fringe benefits.overhead, indirect,and/or genera I and administrative rales) sliall be supporied by audit. If Deparlinent deternmies, that multipliers changed by- Gramme exceeded the rates supported by audit, Grantee shall be required to reimburse such Funds to Department within thirty (30) days of written no0fication. Interest shall be charged on i lie excessive rate. Attachment I 3of It Rov-5i6/2020 Packet Pg.3178 c. Contractual Costs (Subcorimictors). it or reimbursement requests for piymems to subcontractors must be substantiated by copies of invoices wifli, 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 (lie Pro ect. All eligible multipliers used (i.e., fringe benefits, ovedicad, indirect, J and/or -encral and administrative rates) shall be supported by atidit. If Department determines that multipliers chalged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse stick funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable an&or nonexpendable personal property or equipment coming S1.000 or more purchased for the Pro�jccl under as subcontract is subject to the requirements set forth in Chapters 273 andior 274,F'S., and W Chapter 691-72.Florida Adminisinative Code(F.A.C.)and"or Chapter 691-73.F.A.C_as applicable. The Granice 0 shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase LL of equipment as part of 1he deliver), of'sere ices. The Gramee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any, impose this requirement,in wri(ing,on its subcontractors. 0 i, For fixed-price (vendor) subcoiitrijcts, the following provisions shall apply: The Gramee may award.oat competitive basis, fixed-price subcontracts to consuhams/contractors in perforining the U) work described in Amachmem 3, Gram Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported willi a copy of the subcontractor's invoice and as copy of Ilic labulation farm for the compemive procurement process Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in [lie fixed-price cr) subcontract.The Grantee may request approval from Department to award a fixed-price subcontract 00 CD resulting from procurement methods ollierthan those identified above. In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price CL negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount.Grantee may proceed in finalizing the fixed-price subcontract. > 0 ii, If the procurement is subject to the Consultant's Competitive Negotiation Act under section &_ CL 28T055. F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has CL complied with the statutot- y or federal requirements. 0 ld, Travel, All requests for match or reimbursement of travel expenses sh,,fll be in accordance with Section It 1061, — F.S. 0 e. Direct Purchase EcitilOmem. For the purposes of this Agreement, Equipment is defined is capilal outlay costing U) S1,000 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 4T Cal completed by as subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Finn. F, Rental/1-case of Eauioment. Match or reimbursement requesis, for remal/lease of equipment must include copies of invoices or receipts to document charges. CO CD g, Miscellancous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded Rhone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the a. terins of this A,,�)reemcm, the doctinienuation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally,independent of Gramee's contract obligations to its subcontracior, Department shall not reimburse any of the following types of charges: cell phone usage, attorney's fees or court costs, civil L� usage, 0 or administrative pcnaftics;or liandling fees,such as set percent overapes associated with purchasing supplies or CL uj cquipmcnt. li. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (includim, access ri ulits throng i ingress/egress casements, leases, license aureements, or other site access Ln - a greements,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 Le-al Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance. Closing St,iteiiieiitsi,'Doci�iiiiciits, Deeds, ]-,cases, Easements, License Agreements,Or other le-al instrument documentirm) acquired property interest and/br rights. If land acquisition costs are used to meet match requirements, Grantee ag rees that those funds sliall not be used as match for any other Ag, rcement supported by State or Federal funds. 10. Status Reports. The Gramee shall submit suilus reports quarterly, unless oilimvise specified in the Amaclimenis,on Exhibit A, Progress Report Fomi, to Departmem's Grant Manager describing the work perfonned during the reporting period,problems encounicred,problem resolutions.scheduled updates,and proposed-Work for the next ITporlilig Attachment I 4of It Rov-5i6/2020 Packet Pg.3179 period. Quarterly status reports are due no later than twenty (20)days following the completion of the quarterly reporting period. For tile purposes of this reporting requirement, the quarterly reporting periods end on March 3 1, June 30, September 30 and December 3 1. The Department will review the required reports submitted by Grantee within thirty(30)days. I I. 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 retain age oil the work, performed under this Ag,reement tip to the maximum percenumC- e described in Attachment 2,Special Terins and Conditions. Reiaiiiage may be withheld from each payment to Grantee pending satisfactory completion of work and approval W ofall deliver,411cs. 0 b. If Grantee fails to perforlil,file requested work,or fails to perforin the work-ill as satisfactory manner.Grantee shall LL forfeit its Tight 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 111'al the work wIlts actually performed, The Department sliall provide written no6fication to Grantee of the failure to perrom) S that shall result in reminaoc Forfeiture, If the Grantee does not correct the failure to perforin within file timeframe :E U) stated in Department's notice,Ole retainage will be forfeited to Department. c. No rciainau shall be released or paid for incomplete work while this Agreement is suspended. d. Except as oflicr%vise provided above, Grantee shall be paid the retainage associated with tile work, provided Grantee has completed the work and submits all invoice for retainage held in accordance with the invoicing U) CN procedures under this Agreement- CO CD 12. Insurance. Insurance Requirements for Sub-Grantees arid/or Subcontractors. The Grantee shall require its sub-granices CL alid"or subcontractors. ifany,to maintain insurance coverage of'such types and with such terms and limits as described in this Aurcement. The Grantee shall require all its stib-�,riiltccsiiiclloi-stibcoiitrictors, ifany,to make compliance with the insurance requirements of this Agreement a condition of"Ill contracts that are related > 1 0 to this Aucement. Stab- i-antecs 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 CL deductible in any insurance policy. The payment of such deductible shall be file sole responsibility of tile 0 Grantee providin r such insurance c. Proof of'Insurance. Upon execution of this Agreement,Gramme shall provide Department documentation demonstrating ilie existence and,'11110tint,for each type of,applicable insurance coverage prim—to perfonliance of U) any work under this Agreement. Upon receipt of vvriucil request from Department,Grantee shall fumish Department vvlfli proof ol-applicable insurance coverage by standard Fonn certificates of insurance,as self- 4T 001 insured authorization,or other certification of self-insurance. 0 d, Din to Maimain Cov era-)e. In the ev em that any applicable coverage is cancelled by the insurer for,lily reason,or ifGraritee cannot get adequate coverage,Granice shall inimediately notify 'Department of such cancell.ation and shall obtain adequate replacement coverage conforliring to the requirements herein and provide Co C) prool-of such replacement coverage within tell(10)daysafter the cancellation of cove age. c. Insurance Trust. If the Grantee's insurance is provided through in insurance trust,the Grantee shall instead add a. -j the Department of Environmental Protection, its employees,and officers as afa additional covered party C everywhere the Agreement requires dieni to be added as atn aJddiiiorlal insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest. Department may.at its sole discretion, CL uj terminate the Agreement in whole or in Part by giving 30 days' written notice to GraJltCC. The Department shall notify Grantee of the terraination for convenience with instructions as to the effective date of termination or the C specific sta-c of work, at which the Agreement is to be terininatc& The Grantee must submit all invoices for a) work to be paid under this Agreement within thirty (30)days of"the effective date of termination Tile Department shall not pay any invoices received after thirty f30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of defaUlt described in the Events of Default provisions below occur or ill the event that Grantee fails to fulfill ally of its other obli-actions under this A-reement. 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 tennination had been issued for the convenience of Department. Tile rioghts and remedies of Department in this clause are ill I w or under this Agreement. addition to ariv other rights and remedies provided b-Y,- �11 c. Grantee Obli#�.ations upon Notice of Terraination. Mier receipt of notice of termination or partial termination unless as othenvise directed by Department,Grantee shall not fitimish ,lily ser-,ice or deliverable oil the data and Attachment I 5of It Rov-5i6/2020 Packet Pg.3180 to the extent specified, in the notice. However,Grantee shall continue work on any portion ofthe Agreement not lerMinated. If the A-reement,is terminated before performance is completed,buntee sliall 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 Seri ices. If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department witli those services for which it has already been paid or,at Department's discretion,Grantee shall provide as refund for services that have been paid for bill not rendered. c. Transition of Services U oon Terniinafion, Exoirafion,or Cancellation of the Mrecinem. If services provided W under the Agreement are being mansitioned to another provider(s),Gramee shall assist its the smooth transition 0 LL of Agreement services to the subsequent provider(,$). This requirement is ,it as inininium anaffinnative obligation to cooperme with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Gramee shall not perforin any services,titer Agreement expiration or termination,except as necess,iry to complete the transition or continued portion of flie Agreement.if any. 14. Ntides t;iDefiult. U) If Gramee defaults in the perfonnance of daisy covenant or obligation contained in the Agreement, including, any of the events of'deflatill. Department shall provide notice to Grantee and an opportunity to cure ihat is reasonable under the circumstances. This notice shall state tile nature of the fitilure to perforin and provide as time certain for correcting the failure.The notice will also provide 111.1t,ShOLdd the Grantee fail to perform within the time provided,Grantee will CN be found in default, and Department mav terminate the A-reement, effective as of the date of receipt of the default 00 CD notice. 15. Events of Defimlt. CL Provided such failure is not the fault of Department or outside [tic reasonable control of'Graiitm the following non- exclusive list of events,acts,or omissions,shall constitute events of defatill: at. The commitment of daisy material breach of this Aorcement by Grantee, including failure to timely deliver as > 0 material deliverable, failure to perforin the minimal level of services required Cora deliverable,discontinuance Of the performance of the work, failure to rcstime work that has been discontinued within as reasonable time after CL notice to do so.or abandonment of the Agreement; b. The commitment ofaily material misrepresentation or omission in any materials.or discovery by the Department of such,made by the Grantee in this A recillent,or ill its application for funding; g" 0 c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient infornialion, d, Failure to honor-any i crin of the Agreement, 4T 001 e. Failure to abide by any slaikitory, regulatory, or licensing requirement. including an envy of an order revoking U) the certificate of authority gramed to the Grantee by as state orother licensing ati(horily: F. Failure to pay any and all entities, individuals,and Furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement Co C) g, Employment of an unauthorized alien in the performance of'the work, in violation of Section 274 (A) of tile Immigration and Nationality Act: li� Failure to maimain the insurance required by this Agreement, i, One or more of the following circumstances, uncorrected for more than thirty (30) daysC unless, within tile m specified 30-day period,Gramee(including its recciverortrusice in banknipicy)provides to Deparuncill adcquate 0 Msuralices,reasonably acceptable to Department,of its continkiingabilily and willingness to fulfi 11 its obligations CL LU under the Agreement L Entry of an order for relief"under Title I I of the United States Code; C ii. The making by Grantee of a general assignment for the benefit of creditors,, a) iiL The appointment of a gencral receiver or trustee in bankruptcy ofGrantce's business or property: and/or iv. Ali action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. Tile Department may. ill its sole discretion,suspend any or all activities under the Agreement,at any time, when it is ill the best interest 0 the State to do so.The Department shall provide Grantee written notice outlining tile particulars of suspension. Examples of reasons for suspension include,but are not limited to,btid.11.elary constraints,declaration ofeiiier�,-cii,cy.oi-other SLICIlCiT'CLiiiist.iiices After receiv i n ty a suspension notice,Grantee slial I Coll]ply with the notice. Willfin 90 days,or any lonoer period agreed to by the parties, Department shall either: (1) issue a notice authorizing Attachment 1 6 of I I Rov-5i6/2020 Packet Pg.3181 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 cleeiried to satisfy the thirty (30)days' notice required for a notice of termination for coilvellicllce. Suspension of work shall treat entitle Grantee to any 'idditional collipensalloll. 17. Force.Majeuare. The Grantee shall not be responsible fordelay resulting from its failure to perforiii if fatilt nor negligence L� - zn of Grantee or its employees or agents contributed to the delay and the delay is clue directly to acts or God, wars, acts of public enemies, strikes, Fires, floods, or other similar cat ise wholly beyond Grantees control, or for any of the fore-wim-) that affect subcontractors or suppliers if no allemaie source of supply is available to Gramcc. ha case of W salty delay Grantee believes is excusable, Gnamee sliall notify department in writing, of the delay or potential delay anddescribe I LL 4 cribe the cause of` delay clilier(1) wilhin ten days tarter the cause that creates or will create the delay first LL arose. if Graince could reasonably foresee that as delay could occur as a result, or (2) if delay is not reasonably Foreseeable, within five days after the date Gramee first had reason to believe thai a delay"could resuh. THE 0 FOREGOING SHALL c6_NSTi-rUTE THE GRANTEE'S SOLE REMEDY OR EXCUS WITH RESPECT CL ,rO DELAY. Providino notice in strict accordance with this para U) �7 _graph is a condition precedent to such remedy. No :E claim for clania,(acs,other than for an extension of time,shall be asserted against Department,The Granice shall not be entitled to all increase III floc Agreement price or pavinew of any kind from Deparlincrit for direct. indirect. consequential, impact or other costs, expenses or damages, includino but not limited to costs of accelenation or inefficiency, arising becausc of delay, disruption- interference, or hindrance from any cause whatsoever. If U) I cr) performance is suspended or delayed, in whole or in part, due to any of the causes described in [his paragraph,after 00 CD the causes have ceased to exist Grantee shall perforin at no increased cost, unless Department determines, in its sole discretion,that the delay will significamly impair the value of the Agreement to Department,ill which case Department may:(I)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 Iliatare the subject 0 of the delay.which purchases may be deducted from the Agreement quantity:or(3)terminate Agreement ill whole or L_ ill part. CL 18. Indemnification. a_ The Grantee shall be fully liable for [lie actions of its agents, employees, partners, or subcontractors and shall fully indemilify, defend, and hold harmless Department and its officers. agents, and employees., from snits, 0 actions,damages,and costs of every name and description arising from or relating to: �n U) i. personal ii1jury and damage to real or personal taii-ible property alleged to be caused in whole or in part by Grantee,Itsaggems.employees,partners,or subcontractors,provided,however,ihat Grantee shall not indemnify for that portion of-any loss or daimagcs proximately caused by the negligent ,let 001 or omission of Department: ii, the Grantee's breach of this Ageement or the negligent acts or omissions of Gratitce. b. The Grantees oblioalions under the preceding paragraph with respect to lily legal actioll are contingent upon co C) Department giving G ramee:(I)writ ten notice of aany act ion or threatened ac lion,(2)the oppori um tv to ta ke over and settle or defend any such acfion at Grantee's sole expense; and (3) assistance in defending the action at Gramee's sole expense. The Granice sliall not be liable for any cost, expense,or compromise incurred or imade by Department in any legal action A-ilhotil Granice's prior written consent. which shall not be unreasonably withheld. 0 c. Notwithstanding sections a. and b. above, the following is the sole indellinificatioll provision (11,11 applies 10 CL uj Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible fear the 0 iieglioent or wrongful acts of its employees and agents. However, nothing conualned herein shall constitute as waiver by either party ofils sovereign immunity or the provisions of Section 768.28,F.S. Further,nothing herein shall be consmied as consent by as staleagericy or subdivision of the State to be stied by third parties in matter arising out of any contract or this Agreement & No provision in this Agreement shall requircDepirtment to hold harmless or indemnify Grantee,insure or assume liability for Grantee's ne-ligence, waive Department's sovereign immunity under the laws of Florida, oi- otliciivise impose liability on. Department for which it v,vould not otherwise be responsible. Any provision, ary is null and void. implication or su"..estion to the contr. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no oreater 111,111 the sum of the unpaid bola nee of compensation due for 11 ods or services rendered pursuant to arid in &0 coinpliance with the terms of the Agreement Such liabi lily is further limited to as cap of S I 00,0ft Attachment I of I I lZov_5i6/2020 Packet Pg.3182 20. Remedies. Nothim, in this Aureement shall be construed to make Grantee fiable for force vial cure events. Nothing ill this A-regiment, including financial consequences for noriperforniance, shall limit Deputment's right to pursue its remedies for oilier types of damages udder the Agreement, at law or in equity. The Department may, in addition to odier remedies available to it, at law or in eqLIIIV arld upon notice to Grantee,retain such morries from amounts due Grantee as stray be necessaiji to satisfy any claim for damages,penalties,costs and the like asserted by oravairist it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed as waiver of Department's righi thereafter to enforce those rights,nor shall any single or partial exercise ofany such right preclude any other or further exercise thereof or the exercise ofany other riglit, W 22, Stattitoq Notices Relatitio to Unauthorized Employment and Subcontracts. LL a. The Department shall consider the employment by any Granice of twauthorized aliens a violation of Section 274A(c) of the Immigration and Mitionafity Act. If 6nuitee/subcontractor knowingly employs unauthorized ,ilieiis,sticli violation slialI because for unilateral cancellationof this Agreement.The Granice shall be responsible L� S for includino this provision in all subcontracts with private organizations issued as a result of this Agreement, :E 1� U) b. Pursuant to Sections 287.133 and 2�T 134,FS_the following restrictions apply to persons placed oil the convicted vendor list or the discriminatory vendor list: i, Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction fora public entity crime may not submit a bid,proposal,or reply on as contract U) CN to provide any goods or services to as public entity: may not submit a bid, proposal, or reply on as 00 CD contract with a public entity for the construction or repair of a public buildin,,or public work,,, may not submit bids,proposals,or rep]ics on leases of real property to apublic critily:may riot beawarded CL orpet-Corm work as a Grantee,supplier,stibcoiitrictor,oi-coiistilliilt under contract with any public entity: and may not tnuisact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for as period of'36 months following the > 0 date of being, placed on the convicted vendor list. I_ CL ii, Discriminator Z Vendors. An entity or affiliate who has been placed oil the discriminatory, vendor CL list may not stibinit as bid, proposal, or reply on a contract to provide any goods or services to as public entity, may not submit as bid, proposal, or reply on a contract with a public entity for the construction or repairofa public building or public work:mayy not submit bids,proposals,or replies 0 oil leases of real property to a public entity: may not be awarded or perfomi work as as contractor, U) supplier,subcontractor,or consultant under as comract with any public entity;and may not transact as business with any public entity. 4T iii, Notification. The Grantee sliall notify Depariment if it or any of its suppliers, subcomractors, or 001 consullanis have been placed on the convicted veridor list or flic discriminatory vendor list during the life of' the Agreemem, The Florida Depamnew of Management Services is responsible for 12 maintaining the discl-I'minatory vendor list and posts the list on its website. Questions regarding tile Co CD discriminalory vendor list may be directed to the Floricla Department of Management Services, Office cif Supplier Diversity,at(850)487-0915, 23. Compliance with Fedel-al,State and Local Laws. a. C The Gramce and all itsagems shall comply witliall federal,state and local regulalions,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and re-istration rcquirenlcllts. The Gramee shall include this provision in all subcontracts issued as a result of this AgreemellL CL b. No person, on the grounds of race, creed, color, religion, national ori 11der, 1 uj ydri, ag, ge , or dis�bilily', sliall be excluded from participation iii,be denied the proceeds or benefits of,or be otherwise sub�jcctcd to discrimination C in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. & Any dispute concerning Performance of the Agreement shall be processed as described herein. Jurisdiction for i'Lll y damages arising,under the terms of the Agn-cement will be in the courts of the State,and ventic will be in the Second Judicial Circuit, in and for Lcon County. Except as otherwise provided by law, the parties apree to be responsible for their own attorney fees incurred in connection with disPUICS arising under the terms of this A4_,rccnicm 24. Scrutinized Companies. a. BoycottIsrael L ist or engaged in a boycott of Grantee certifies that it is not oil ilic Scrutinized Companies INit Boycott Israel. Pursuant to Section 2S7.135., F.S_ the Department rarity immediately terininate this Agreement at its sole Attachment I 8 of I I Rov-5i6/2020 Packet Pg.3183 option if the Grantee is found to have submitted a false certification',or ifthe Grantee is placed oil the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the terns of the Agreement. b. if this Agreement is for more than one millioll dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Conipanics with Activities in the Iran Petroleum Energy Sector List, oi-en-a-ed with business operations in Cuba or Syria as identified in Section '287.135, F.S. Pursuant to Section 287.1,35,F.S.,the Department may immediately teniiinate this Agreement at its sole option if the Grantee is found to have submitted at false certification:, or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List.or Scriainized Companies with Activities in the Iran Petroleum Eli eq g'y Sector List, or engaszed with business operations in Cubii or Syria during the wrin of the Agreement, W c. As provided in Subsection 2,N7.13-i(,N),F.S.,if federaal laws excises to atuilaorize these coratratcting prraltibitioris that 0 they shall become inoperative. LL 25). Lobbvino and Inteorit-t'. The Grantee aprees that no funds received by it under this Agreement will be expended for the purpose of lobbying Z__ s7 0 the Legislature or a State agency pursuant to Section 216,347,F.S.,except that pursuant to the req m uiremes of Section CL Z7 29T0758f6), F.S., during the tern of any executed agreement between Grantee and the State, Grantee may lobby the U) execuOve or legislative branch concerning the scope of services,perforinance, terin,or compens,,ition regarding that agreement.The Grantee shall comply with Sections 11.062 and 216347,E& 26, Record Keeping The Grantee shall maintain books,records and documents directly pertinent to perfornimice under this Agreement ill U) CN accordance with United States -enerally accepted accountim, principles(US GASP)consistently applied. The CO I r� CD Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this A-reement and for five(5)years followinp the completion date or terinination of the Agreement. Ill CL the event that arty work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. U poll request of Department's.1 Tispcclor General,or other authorized State official.,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's > 0 integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial L_ CL records,documents,or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such CL L� m 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: -ign al r^-coils-schedules"). 0 27. Audits. 41 U) a. Insoccior General. The Gramee understands its duty, pursuant to Section 20,055(5). ES., to cooperale with tile inspector general in any invesfiwation, audit, inspection, review.,or hearin{(, The Graince will comply with this 4T 001 duty and erasure that its sub-grantees arid,"or subcontractors issued under this Agreement, if any, impose this 0 requirement. ill writing,on its sub-orantees and or subcontractors,respectively b. Phvsical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being perforined under this Agreement,with reasonable notice and during norinal business hours.including CO C) by any of the Followin methods: 9 i. Grantee shall provide access to any location or facility oil which Grantee is performing work. oi- storing or suaging equipment. materials 01,docurilellis: Z� Z� C ii, Grantee sliall pen nit inspection of any facility, equipment, 'practices, or operations required in T performance of any work purstumt to this Agueement,arid. 0 iii. Grailtee shall allow and facilitate samplim, and, monitoring of any substances, soils, materials or CL parameters at any location reasonable or necessary to atsstire compliance with an,v work or le-al requirements pursuant to this Agreement. C c. Special Audit ReQuirements. The Grantee shall comply with the applicable provisions contained in Attachment 0 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit I,to Allachnient 5. If Department fails to provide art updated copy of Exhibit I to include in ClIell anlCIIdnlCIlt th.11 authorizes a fundim, increase or decrease, Grantee shall request olic from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Atiachment 5,Exhibit I and determine whether the terms of Federal and/or Florida Sin-le Audit Act Requirements may further apply to lower tier transactions Chat may be as result of this A-recirient. For federal financial assistance,Grantee shall utilize(lie guidance provided under 2 CFR §200.330 for deterillining whether the relationship represents that of a subrecipiem or vendor.For State financial assistance,Gramee shall utilize the forma entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Deterriiination" {fiorlll Attachment 1 9 of I I Rov-5i6/2020 Packet Pg.3184 number DFS-A2-NS) that can be found under the "Links"'Fonris" section appearing at the following website: 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 A-reement pursuant to State - iideliiies (including cost allocation 1-t guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFI zz� 200. The Department may also request as cost allocation plan in support of its multipliers (overhead, indirect, (�,,eneral administrative costs, and fringe benefits). Tice. Grantee must provide the additional proof wi(hin thirty (30)days of such requesi. W c. No Commimflinc-, of Funds. The accounting systems for all Grantees must ensure 1hal these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees LL are prohibited from commingling funds on either as program-by-program or a project-by-project basis. Funds specifically budgeted ancUor received for one prqjeci may not lie used to ski qjeci. Whereas t, ppori another pr Gnamee's, or subrecipieril's, accounting System c"1111101 comply Wifli this requirement, Grantee, or subrecipient, CL shall establish a system to provide adequaie fund accountability for each project it has been awarded. :E U) i. If Department finds that these funds have been commingled, Department shall have the ri"'ht to demand as refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material tems of this Agreement, The Gramec, upon such written notification front Department shall refund, and shall forthwith pay to Department, the amount of U) CN iiioiicydeiii.iiidedbyDepartment. Interest oil arty refund shall be calculated based oil the prevai I i il- 00 Z� CD rate used by the State Board of Administration. Interest shall be calculated from the datc(s) the original payment(s) are received from Department by Grantee to the date repayment is madc by CL Grantee to Department. -j ii. In the event that the Grantee recovers costs, incurred under this AOrcement and reimbursed by Department, front another source(s), Grantee shall reimburse Department for all recovered funds > 0 originally provided under this Agreement and interest shall be charged for those recovered costs as L- LN CL calculated on from the datc(s) the payments) are recovered by Grantee to the date repayment is CL made to Department. M iii. Notwithstanding the requirements of this section, the above restrictions on commingfing funds do 0 not apply to a"recillents where payments acre madc purely oil a cost reimbursement basis. 0 28. Conflict of Interest. 41 U) The Grantee covertarits that it presently Naas no interest and shall not acquire any interest which would conflict in any ai manner or degree Nvi i It the perfonnance of sery ices required. 001 29. lndcpen lent Contractor. 0 The Grantee is yin independent contractor and is not an employee or agent of Deparmient. 30. Subcontracting. Co a. Unless otherwise specified in the Special Terins and Conditions.all services comracted for-acre to be perforined C) solely by Grantee. b. The Department may, for c,,tuse, require the replacement of any Grantee employee,subcontractor,or gem. For cause,includes,but is not limited to,(echnic.al or training qualifications.quality of work,change in security statues, C or 11011-compliance will)an applicable Department policy or outer requirenicill. T c. The Department may, for CaUSC, deny access to Department's secure information or any facility by any Grantee (D employee,subcontractor,or ai"Clitz CL uj & The Department's actions mider paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work, 1 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 loany subcontractor for any expenses or liabilities incurred under a) ally subcontract and Grajitce shall be solely liable 10 the subcontractor for all expenses and liabilities incurred under any subcontract. c. The Department will not deny Grantees employees, subcontractors, or agents access to mectill"S within the Department's facilities,unless the basis of Department's denial is safety or security considerations. 17. The Department supports diversity in its procurement program and requests chat 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 OPPOTWIlitiCS may be obtained by contacting the Office of Supplier Diversity at(850)487-09 15 g. The Grantee shall not be liable for arty excess costs for as flailitre to perform, if the failure to perform is caused by the default of as subcontractor art any tier,and if the catise of the defatill is completely beyond the control of both Attachment I 10 of I I Rov-5i6/2020 Packet Pg.3185 Grantee and the subcontrjactor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grmitee to meet (lie required delivery schedule. 31.. G im ra n tee of Parent Company. If Grantee is as subsidiary of another corporation or other business entity.Granice asserts that its parent company will pivantee all of the ob]i,-.11ions of'Grantee for purposes of fit]filling the obli,-.1tions of A-recment. In(lie event Grantce is sold durinCT die period the Agreement is in effect,Grantee wrees lh,,it it will be at reqL1irCMC11t Of S-111C that the new parent company gwinuitee till of the obligations of'Grmilce. 32, Su ii ival. W The respective obligations of the parties,which by their miture would continue beyond the tennin.,ition or expiration 0 of this Aoreement, including, without limitation, the obligations regarding confidemiality, proprieum), interests, acrid LL public records,shall survive termination,cincellation,or expiration of this Agreement, 33. Third Parties. The Deptjrimem sliill not be deemed to assume any liibility for the acis, failures to tici or negligence of Grairtee, its CL agems,semims.and employees,norslmll Gnimee dischiini its own ne€,)Iiocnce to Deputmem o :E L- rany third party.. This U) Agreement does not mid is not intended to confer any rights or remedies upon atay person other than the parties. If Department consents tea subcontraci.Grantee will specifically disclose fli,,it this Aorcement does not create any third- party rights. Further, no third parties shall rely upon arty of the rights mid obligations crenated under this Agreemem. 34. Se era CN If as court of competent jurisdiction deems any term or condition hercin void or unenforceable, the other provisions 00 CD are severable to tli-.it void provision,and sNill rcm,,iin in full force mid effect. 35. Grantee's Employees,Subcontractors anti Agents. CL All Grantee employees, subcontractors, or agents performing work under [lie Agreement shall be properly tniined teclinicimis who meet or exceed any specified tn.iining qualificitions. Upon request, Grantee shall fumisli as copy of technical unification orother proof of qualification.All employees.subcontrzictors,or a0ents performing work under > r� 0 Agreement must comply with ,ill security and administrative requirements of Department mid sliall comply with all L- I CL controllim, laws and remilations relevant to the services they are providing under the Agreement CL 36. Assignment. M 0 The Grantee shall not sell, assi--n,or transfer any of its rights, duties, or obligations under [lie Agreement., or under any purchase order issued pursuant to the A-reement,without [lie prior written consent of Department. In the event 11� 0 of.uiy assilmment,Graritce remains second, -ily liable forperformance of the Agreement,unless Department expressly -1 U) WaIives such secondary lhibility.The Department may dssign the A-reement with prior written notice to Graritce of its intent to do so. 37. Execution in Counterparts and Authority to Sion. 001 This Agreement,any tiniendmems,tiedllor chwige orders related to the Agreement,imty be exectiled in cotiliterparts c,ich of which sliall be wi original ,ind till of which shall constitute the same instrument. In accordmice with the Electronic Signmure Act of 1996,electronic signatures,including facsimile transmissions,ninny be used amid sh,,fll liwe Co CD the same force nand effect tis a written siommure. Each person signing this Agreement wimims that lie or she is duly authorized to do so nand to bind the respective party to the Agreement. C 0 CL uj C a) Attachment I I I of I I Rov-5i6/2020 Packet Pg.3188 STATE OF FLORIDA DEPARTME'.\'T OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LPA0089 ATTACHMENT2 These Special Temisand Condinons shall be read together with general terms outlined in the Stand,,-ird'Temsand Conditions.Attachment I.W'hcre in conflict,these more specific teens shall apply. W 0 L Scope of Worb". LL The Project funded under this Agreement is Canal 494 Rock Harbor Canal Organic Removal and Backfilling Restoration Pi-qicct. The Prqject is defined in more detail in Attachment 3,Grant Work Plan. 1 Duratioti. U) a. Reimbursement Period.The reimburscment period for this Agreement begins on July 1,2020and ends at the expiration of the Aorccmcnt. b. Extensions.There are exlensionsavailable for this Proje ct. c. Service Periods. Additional service periods care not authorized underthis A-rcenicut. U) tn cr) 00 CD 3. Payment Provisions. a- Compensation.This is as cost reimbursement Agreement. The Grantee shall be compensated under this CL Agreement as described in Attachment 3. b. lnvoicia'2-,. Invoicim, will occuras indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. > 0 L- CL 4. Cost Eligible for Reimbursement or Matching Requirements. CL m Reimbursement for costs or availability for costs to meet matching requirements shall be limited to [Ile following r- 0 btid-ct calcuorics,as defined in the Reference Guide for State Expenditures,as indicated: 0 Reimbursement Match C,aiewiv U) —El SalariesAVages 0)0� Ov erlicaid,'Iii(iii-ect/Geiiei-aI and Administrative Costs: 11* 001 El 13 at. Frin-e Benefits,N,,"A. 0 El Cl b. Indirecl Costs.N/A. f-1 Contracitual(Subcontractors) co CD El 1-1 Travel,in accordance with Section 112, F.S. El 0 Equipnient El 0 Rental,"Lease of Equipment F-1 r-1 Miscellancous/Oilier Expenses Land Acquisition CL uJ 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. r- 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match rcqtliT'ed on the part of the Granice under dais Agreement, Attachment 2 1 of 2 Rcv,5'(V2020 Packet Pg.3187 1 . __I 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 liniiis of coverage under each policy T L� maintailied by the Grantee shall not be interpreted as Iiiiiiiingthe Grantee's fiabili(y and obligations under the A-reement. All insurance policies shall be throti-li insurers licensed and authorized to issue policies in Florida.or al terriatively,Grantee may provide Coverage throllom.1 self-insurance program established and operating under(lie tn g laws of Florida.Additional insurance requirements for this Agreement nosy be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreemem are: as Commercial General Liability Insurance. W The Grantee shall provide adequate commercial general liability insurance coverasze and hold such liability 0 insurance at all times durino the Agreemem, The Department, its employees,and officers shall be named U- as an 0,000 for each additional insured on any general liabilhy policies. The rainimun) limits shall be 525 occurrence and S500,000 policy aggregate. b, Commercial Automobile Insurance, CL If the Grantee's duties include the use of commercial vehicle,the Grantee shall maintain automobile U) liability,bodily iiijury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall Provide coverage on in occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limils shall be as follows: CN S200,000/300.000 Automobile Liability for Company-Owned Vehicles, if applicable CO CD S200,000/300.000 Hired and Non-owned Automobile Liability Coverag-c c. Workers' Compensation aiid Eml-iloyer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440�FS.and employer liability coverage widi minimum limits of S 100,000 per accident,S 100,000 per person,arid S500MOO policy ag-regate. Such policies shall cover all employees engwed in any work under the Grant. > 0 L- cle Other Insurance, None. CL CL 9. Quality Assurance Requirements. 0 There are no special Qt[a lity Assurance requirements under this Agreement, 0 10. Retainaoc. U) No relainag47e is required under this Agreement, 4T 001 11. Subcontractinla. 0 The Grantee may subcontract work under this Agreement without the prior written consent of the Department's 12 Grant ManiOer except Cor certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. Co The Grantee shall submit as copy of the executed subcontract to the Department prior to submitting any invoices for CD subcontracted work. Regardless ofany subcontract, the Grantee is ultimately responsible for-call work to be performed under(his Agreement. C 12. State-owned Land. The work will not be performed on State-owned land. CL uj 13. Office of Policy and Budget Reporting. There are no special Office of Policy and .Budget reporting requirements for this Agreement. C a) 14. Additional Terms, None. Attachment 2 2 of 2 Rev,5'(V2020 Packet Pg.3188 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Carnal 484 Rock Harbor Canal Organic Removal and Backfilling Restoration Project PROJECT LOCATION- The Protect will mainly be located in the Rock Harbor neighborhood. which is located within the unincorporated area of Key Largo, Monroe County: Lat/Long (25.0451, -80.488) See Fimire I for a location map W 0 PROJECT BACKGROUND: In 2013, Monroe County (Grantee) completed a comprehensive Canal U- Manaocirient Master Plan(MAP) in order to provide a frarnework to identify,prioritize,and correct water quality impainrierits within the entire Florida Keys canal network. In total, out of 502 canals, 17.1 canals (D received a Good water quality classification, but 180 received only a Fair classification, and 131 received .2- the lowest Poor classification. Canals receiving a poor classification were scored and ranked using specif ic fi c U) canal attributes in order to provide a list of high priority canals which Were Suitable for consideration of various public works restoration projects. Much work has been completed in restoring these Poor canals however additional management and planning is required to continue the prograin including coordinating with the Department of Economic Opportunity on the iniplernentation of the Canal Work Program, 00 attending rneetinors with stakeholders and preparing (inants for execution of the pro' CD jects� Canal—84 in Key Largo was identified as a Poor canal that is filled with organic sediment,has deep pockets, lacks oxy0en. and needs restoration. Much work- has alreadv been accomplished by Monroe County in implernentino seven canal restoration prc�jccts that included an- curtains. culvert,,,, organic removal, and > 01- backfilling. 0. CL PROJECT DESCRIPTION:. The Grantee will restore Canal 484 in Rock Harbor throuoh the removal of 0 organic material in the forni of degraded seaweed that has accumulated in the back end of the canal, and backfillint, to raise the canal bottom to 6 feet below the Mean Sea Level. whicli is the optimum depth to I U) allow for tidal flow in and out of the canal. These improvements are anticipated to restore the impaired waters of the canal and bring the dissok ed oxygen levels up to rneet marine water quality standards. 4T Cal TASKS: CID All documentation should be submitted electronically unless othervvise indicated. C) Task 1: Pro.jgqLNIani ge ill ell t Deliverables: The Grantee will perform project managennnesnt, including field engineering services. construction observation, site ineetinllys with construction contractor(s) and design professionals, and CL overall project coordination and supervision. LU Documentation- The Grantee will submit interim prooress status sununarles includino surnivary of inspection(s), meeting minutes and field notes, as applicable. Performance Standard: The Department's Grant Manager will review the documentation to verify that < the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with paynieril request submittal. Payin en t Request Schedule: 'The Grantee may subunit a payment request for cost reimbursement no More frequently than monthly. DEP Agreement No. LPA0089, Attachment 3, Pa0c I of 3 Packet Pg.3189 Task 2: Construction Deliverables: The Grantee will complete the Canal #84 Rock Harbor Canal Organic Removal and Backfi 11 int, Restoration Project in accordance with the construction contract docum ents. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date. as provided in the Grantee's Certification of Payment Request, and 2) a signed Engineer's Certification of Payment Request. W 0 Performance Standard- The Department's Grant Manager will review the documentation to verify that U- the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee niaN, proceed with payment reqLICSt submittal. 0 Payment Request Schedule: The Grantee may submit a payment requcst for cost reimbursement no more U) frequently than monthly. PROJECT TIMELINE& BUD GEI" DETAIL: 00 CD The tasks must be completed by,and all documentation received by. the corresponding task end date. Cost CL reirnbUrsable grant funding must not exceed the budget aniounts as indicated below. Budget Grant Task Start Task End 0 Task Task Title No. Category Amount Date Date CL Contractual 2 I Project Managenient 1-29,92-3.51 07/0 1 12020 06/30/2022 — se]A Ices 0 Contractual 41 U) C011SO-LICtiOn $1,170,061.14 071101/2020 06/30/2022 Q Services Total: $1,299,984.65 001 CO C) 0 CL LU DEP Agreement No. LPA0089, Attachment 3. Page 2 of 3 Packet Pg.3190 FIgUl-c 1. Location map N m i y1, , i Cl n8 S A 9 t ion 40i_ r 211 4 mgh I 00 CD �{ t Y f ors - 2 17E4 pry 001 co p a x� !tIdLU I e DEP agreement No. LPAt 089, Attachment 3. Page: 3 of 3 Packet Pg.3191 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Aareement exceeds$35.000.00, and if Grantee Is acting on behalf of Department in its performance of services under the Aorecinent. Grantee must allow public access to all dOCUMCIIIS. papers, letters,oi-other material, regardless of the physical form. characteristics, or means of transmission, made or received by Grantee in conJunction with the Agreement(Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida W Constitution or section I 19.07(l), F S. 0 b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records LL as required by law. W 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. 0 For the purposes of this paragraph, the term "contract"nicaris the "Agreement." If Grantee is a"contractor" as .2- defined in section 119.0701(I)(a), F.S.,the following provisions apply and the contractor shall: U) 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 nine at a cost that does not exceed the cost provided in Chapter 119,F.S., or U) as otherwise provided by law. 00 CD c. A contractor who flails to provide the Public Records to Department within a reasonable time nlay be sul�_ject to 0 penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements arc not disclosed except as authorized by law for [lie duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer,at no cost, to Department all Public Records in possession of the contractor CL 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 0 Records that arc exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, tile contractor shall meet all applicable U) requirements for retaining Public Records. All Public Records stored e1cctronically must be provided to Department- 0) re upon request froin Department's custodian of Public Records, in a forniat specified by Department as compatible with 4T 001 the information technology systems of Deparinient.These fannatting requirements are satisfied by using tile data 0 formats as authorized in the contract or Microsoft Word.Outlook. Adobe,or Execl.and anv software formats tile contractor is authorized to access. C) f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER I 19, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OFP1.jBL]C RECORDS AT- CL Telephone: (850) 245-2118 Email- I)Liblic.set vllces( floi-id idei-).�,,(o) Mallincy Address- Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, NIS 49 Tallahassee, Florida 32399 Attachment 4 1 of I Rev.4!27L1018 Packet Pg.3192 STATE OF FLORIDA DEPARTINNIENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 Theadministralion of resources awarded by the Deparmient of Environmenuil Protection (irhich mai,he rc,.,lerredlo tu the "Deparetarm ", "W-J)", "FI)EP"or "('Iranlor", or o1her name in the agreement)to the recipient 1Ot1?jch metv he W re 0 lerred to as the "Recipiew", "Grawee"or other name in the agreemeno may be sub�jcci to audits aiid/or monitoring LL by the Department of Envimimienual Protection,as described in thisallachment. P. MONITORING 0 CL :E In addition to reviews of audits conducted in accordance vN lih 2 CFR Part 200, Subpart F-Audit Requircinems, and U) Section 215.97, ES., as revised (see "AUDITS"below). monitoring procedures may include. but not be hinfled to, on-sile visits by DEP Department stafE limited scope audits as defined by 2 CFR 200.425.or other procedures. By enming into this Agreenient,the reciplentagrees to comply and cooperate kvithany monitoring procedures./processes deemed appropriate by (lie Department of Environmental Protection. In the event the Department of Environmental cr) 00 protection determines that as limited scope audit of the recipient is appropriate,the recipient i-rces to comply with any CD additional instructions provided by the Department to (lie recipient regarding such audit.The recipient furflieragrees < CL to comply and cooperate with any inspections, reviews, in vest I�m tions, or audils deemed necessary by the Chief Financial Officer(CFO)or Auditor General. as AUDITS CL PART 1: FEDERALLY FUNDED 0 This part is applicable if the recipient is as State or local government or as non-profit organization as defined in 2 CFR — §200.330 U) 0) I. A recipient that expends S750,000 or more in Federal awards in its fiscal year,must have a single or program- 0� Z7� L5 4T specific audit conducled in accordance with the provisions of 2 CFR Part 200,Subpart F. EXHIBIT I to this 001 Attachment indicates Federal funds aavvarded through the Department of Environmental Protection by this 0 Agreement, In deicninning ilie federal awards expended in its fiscal year, the recipient shall consider aII sources of federal awards, including Federal resources received from the Depa.riment of Environmental co Protection. The detennination of amounts of federal aw,,trds expended should be in accordance with [lie C) guidelines established in 2 CFR 200,502-501.An atidit of the recipient conducted by flie Audiior General in accordance with the provisions of 2 CFR Part 200.514 Nvill meet the requirements of this part. 1 For the audit requirements addressed in Part I.paragraph 1,the recipient sha I I ful Fi I I the requirements relative to auditee responsibilities as provided in 2 CFR 2W508-5 11 0 CL Uj 3. A recipient that expends less IN.m S750,000 in federal awards in its fiscal year is not required to have mi audit conducted in accordmice with [lie provisions of 2 Cl-R Part 200, Sul pwl F-Audit Requirements. 11' [lie recipient expends less thau S750,000 in federal awards in its fiscal year and elects to have in audit conducted in accordance with the provisions of2 CFR 200, Subpart F-Audit Requirements, [lie cost of the audit must be paid from non-federal resources (i.e., flie cost of stich tan audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access in[brination regarding, the Catalog offederal Domestic Assistance(CFDA)via die Internet at w iVwxfihm-,-ol Attachment') I of 7 BGS-7E9'55-215 cva c([T2()t Packet Pg.3193 1 . __I PARTM STATE FUNDED This part is applicable if the recipient is a nonstate entity as de fi ned by Section 215.97(2), Florida Statutes. I. In the event that the recipient expends as total amount of state financial assistance equal to or ill excess of S 1150,000 ill any fiscal year of such recipient (for fiscal vears endim, June 30, 2017, and thereafter), the recipient Illust have as State single or project-specific audit for such fiscal year in accordance wifli Section 215.97, F,S_ Rule Chapter 691-5, F.A.C., State Financial Assislance. and Chapters 10.550 €Iocal govenimem,al entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. w EXHIBIT I to this form lists the state fiiiiiici,,ilissist,,tiiceiw,ir(led through the Depiiiiiieii(rat Env iroliiiieiii,,II 0 Protection by this ,,igrccinent. In deiemining the state financial assistance expended ill its fiscal year, the LL recipient shall consider all sources of state financial assistance. including state financial assistance received from the Deparimem of Environmental Protection, other state agencies, and other nonstate entities. State 0 financial assistance does not include federal direct or Hass-through aw-ards and resources received by a CL nonsuite entity for Federal progran) maiching requirements. :E U) 1 111 connection with the audit requiremewsaddressed in Part 1.1,paraoraph 1,the recipient shall ensure that the audit complies with flic requirements of Section 215.97(8), Florida Statutes. This includes submission of financial reporting pickwc as defined bN Section 215.97(2), Florida Statutes, and Chapters 10.550 (Iocaj I CN (Yovernmental entities)or 10.650(nonprofit and for-profit omm.nizations). Rules of the Auditor General. 00 CD 3. If the recipient expends less thanS750,000 in stag:financial assistance ill its fiscal year(for fiscal year ending CL June 30, 2017, and thereafter), aan audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than S7 50,000 in state rimulcial _0 assistance ill its fiscal year,and elects to have an audit conducted in accordance with the provisions of'Section 0 215.97,Florida Statutes.the cost of the audit must be paid from the non-state cntity`s resources(i.e.,the cost I_ CL of such an audit must be paid from the recipient's resources obtained from other than State entities). CL 4. Forinformation rc­ardin�_,Ilic Florida Catalou of State Financial Assistance(CSFA),a recipient should access 0 the Florida Sin-le Audit Act website located at 11ILL) for assistance. Ill addition to [he 0 above websiies, (lie following websites may be accessed for inforlmation: Legislature's \�'cbsiic ¢atU) 1)illy i"\V v,yLv,is stag fl,i is'We lcomcjndc_\,c fii)t Stale of Florida's website at Department of Financial Services' Website at the Auditor General's Website at 4T 001 PART Ill:OTHER AUDIT REQUJREMENTS Co C) 77fis parl wollk/be used iospecaft am,ut0iliowd antlif requiremews imposcmi 1w lhe,Slale cnviemhng enfilv Mal are solell,a m(aler(#'!hcu Slow elwar(hilg CnOv's Poficy (i,e,, Me Caulil is nol requirec1b),P'eclenilor Slrllc hm,,s C ('110 is not ill Coqfficl 1081 o1her 1"ecterell or Slclle an(lil requiremews). m Slow comfiwl or orrmr,,efiw mmlffy(if'Slwejhlanciell(tssishince thw are ul emkhflon io em(hts, com)i(eve(I (D in acconlemee wilh Secfion 215,97, I'lorkla Stwlfres. /n such tin eveni, the Slow mrore-hrri(kgencv innsi orreinge fi)r CL uj fiinelhr,rile dl cosr f�fsuclg cmkkliollwl awfil.0 C PART IV: REPORT SUBMISSION I Copies of reporting packi-es 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 200.51.2,by or oil behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided ill 2 CFR 20036 and 200t 512 A. The Federal Audit Clearinghouse desig mated ill 2 CFR §200.50 1(a){the number of copies required by 2 CFR, §200.501(a)should be subinilted to the Federal Audit Clearinghouse),at Ilic following address Attachment 5 2 of 7 BGS-DE P 55-2 15 tva ett 7 2()t Packet Pg.3194 1 . __I By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East I Oth Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or wafter Jamial)y 1, 2008,must be submitted using the Federal Clearinghouse's Inteniel Dam Entry System which can w Ise found at liter 1;1 ia rveSt er,Ce-mm ts,a o\/fi,tc web,, LL 2 Copies of'finaiicia I reporting packages required by PAIN II of this Amac hinent sha I I be submitted by or on behalf of the recipient directly to each of the flollowlng: CL A The Department of Environmental Prolectionai one of the following addresses: :E U) By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 00 CD 3900 Conimonwed1th Boulevard Tallahassee, Florida 32399-3000 CL Electronically: FIDEPSinaleAudit(O dep.staic,11.us > 0 CL 13. The Auditor General's Office at the follow im,,address: CL 0 Auditor General Local Government Audits"342 0 Claude Pepper Building, Room 401 I I I West Madison Street Tall,ahassee, Florida 32399-1450 4T 001 0 The Auditor General's websiie(Lmj�L' L�LjdjtoruL)v,)provides inSITUC00IIS for filillg-all electronic copy ofa financial reporting package. co C) 3. copies of reports or management letters required by PART III oftlils Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mvtil: Audit Director Florida Del--mrtment ofErivironmental Protection CL uj Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 a) Electronically: FDEPSiiw]eAu&ua dep.suate,fl.tis 4. Any reports, managm eent letters, or other information required to be submitted to the De artment of t� p Environ.mental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFI. 200.5 12. section 215.97. F.S., and Chapters 10.550 (local governmemal entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. Attachment ) 3 of 7 BGS-DE P 55-2 15 c([T2()t Packet Pg.3195 1 . __I 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 10.5-50 local uovernmental entities) and 10.650(non and for-profit organizations), Rules ofthe Auditor General, should tn -indicate the date and the reporting package was delivered to the recipient correspondence accompanying (lie reporting package. PART V- RECORD RETENTION The recipient sliall rewin sufficient records demonstrating its compliance with the temis of the award and this w 7 0 Agreemew for as period of five(5) years from the date flie audit report is issued, and shall allow the Depariment of LL Enviroirmemal Protection, or its designee, Chief Fimancial Officer, or Auditor General access to such records upon The recipient shall ensure that audil working papers are made available to the Department of Environmental request. 0 Protection,or its designee, Chief Financial Officer, or Auditor General upon request fora period of three (3) years r.L From the date the audit report is issued, tuiless extended in kv-riting by the Departinew of Enviroilmeliuul Pmection. :E U) U) cr) 00 CD CL 0 I- CL CL 0 0 U) 001 12 a) co C) 0 CL LU Attachment ) 4 of 7 BGS-DE P 55-2 1; c([T2()t Packet Pg.396 1 1. __1 EXHIBIT— I FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWIN& Nole:IOhe resow-ces ells anled to Me recip;C111 repraveni more 1ha91 oneji,�&pal program, provide 1he sawe iq/brinaliou shown heh)wj, and show fokdfimkral 1-ewources awartled Federal Resources Awarded to the Recipiel t Pursuant to this Agreement Consist ofthe Following: Federal Program CFDA A FeclernI Aocncy CFDA Title Fundim Number Federal Program CFDA " B Federal Agency Number CFDA Title Funding,. Note: 00he resources avvankd to Me reci.piellf represen(worc than last applicahle compliance requiremenu,fin, 1he saine 11MIMe1,("IS shown below: Federal Program First Compliance requirement i-e-•(WILIt Sere ICC.1,01'j)U1'j)01,es teSOUIVel,111U1A be LISC(l fill') A Second Compliance requii,emenr i-ejellgibility reqUirenient for recipients of the i-esource.") Etc, Etc, Federal Program First Compliwice requireniciW LC'-'(WIMI'SeTNICQS 0f'pLI1j301,C5 fe,OLINCI,111U.St be Used tier) B Second Conipliance requi.rement: requirement f'or recipients of,tile 1-C."ouces) Etc. Etc. Attachment 5, Exhibit 1 5 of 7 BGS-DIT -2 t Alote, 11"Me resources aworcte(/to the reetpienffi)l-nu-ltc1m�("1'el.vewni moiv Man onefi.,(let-al pi,,ogrivin,provhte the sevne iqfi)nnation 1em.k�pal proLram an(l show loicil stale resourcvs awarde,(Ilor inafehinz State Resources Awartled to the Recipient Pursuant to this gyreement Consist of the Following Ilzatchiaa r Resources for F'etic .Fetleral Program A Federal ALenc�) CFDA CFDA Title Funduic . Fetleral Program B Fed Iraal Age ney CFDA CFDA Title Funding Note: affhe resources mvartle(j to the a ctcrlaaearf rL 1)14)IAC than onevalc project,provitle the same iqfivinationshown belowjbr e, wal stalefinmicial cjsmfsl(vice mvartle(/lhal issuhiecl loseclion 2 1-5,97, 1 S. State Resources Awlardetl to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section State CSFA Title prograill State CSFA 01' A State Awardinx Aoenc_y Fisca I Year' Number Fiindliw,Source DescriLmion Fundin- Original Departillent of 16-17 37.039 Statewide Surface Water Restoration A-reement Environiliental Protection and Wastewater Projects Original Department of 19-20 37,039 Statewide Surface Water Restormion S 1.299 Agreement Environmental Protection and Wastewater Projects State CSFA Title Program State CSFA or B State Awardin-Aacnel, Fiscal Year= Number Source Dcscriplion Fundin- ........... -T....................... .......................................................................... Total Award S 1.299, No(e:Lis,[opplh-oh1c,coniphanee requirement in the some wonner m iflustrote(I obovefiorje(lere-il resources. ],-or inotehing resonrc,ey/', .1br the re quiremenis in ght heshniloi-to the requirem eats fi)r Me Also, it)the requirements perle'lin to eJrffi?rent ainotinifin-Me non- ( lute e n� fi��Iera/resources, theiv inolv he more thou one groujwkg,0,e, 1, 2, 3, ewj / e For each program identified above, the recipient shall coillply with tile program requireirents described in the Catalo- of Federal Do an&'Orthe Florida Catalog of State Financial Assistance CSFA,) Supplement (Part Four, State Projects Conipliance Supplement 111 _111-1.1 . — [ Tlie scrvi funds care to be used are included in the Aoreemeru's Grant Work Plan. Any inatch required by the Recipient is clearly indicated in the Sub ect Io change by Change Order. J Sub ect Io change by Change Order. J Attachment 5, Exhibit 1 6 oft; BGS-DIT -2 t R c"E'M"2 0 IV STATE OF FLORIDA DEPARTINNIENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Forin DEP Agreement No.: LPA0089 Project Title: Canal --484 Rock Harbor Canal Oqgan ic Removal and Back ffilling W Restoration Project 0 U- Grantee Name- Monroe County Grantee's Grant Manager: Rhonda Haag Reporting Period: I I Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period. Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Use the U) format provided below. cr) 00 CD Task 1: Project Management • Progress for this reporting period: 0 • Identify any delays or problems encountered: CL Task 2: Construction • Pro(,ress for this reporting period: U) • Identify any delays or probicius encountered: 001 Indicate the completion status for the followinp,tasks- co CD • Construction (Estiniated) % CL This report is submitted in accordance with the reporting requirements of the above DEP Agreement number LU and accurately reflects the activities associated with the prQject. Signature of Grantee's Grant Manaaer Date Exhibit A, Page I of I Rov- 12/02/19 Packet Pg.3199 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: AIC)C LID WHIS w U- Please use the most current form found on the websitc, linked above, for each payment request. U) 00 CD 0 CL .2 U) 001 co C) C CL LU C Exhibit C, Paue I of I Rov- 12/02/19 Packet Pg.3200 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/18/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Southwest, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 Houston TX Office (A/C.No.Ext): A/C.No.): 5555 San Felipe E-MAIL p Suite 1500 ADDRESS: _ Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: AIG Specialty Insurance Company 26883 7WGUSA Holdings, Inc. INSURER B: American International Group UK Ltd AA1120187 and its subsidiaries and Affiliates 17325 Katy Freeway INSURERC: Zurich American Ins Co 16535 Houston TX 77084 USA INSURER D: ACE American Insurance Company 22667 INSURERE: ACE Fire Underwriters Insurance Co. 20702 INSURER F. COVERAGES CERTIFICATE NUMBER:570087923613 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY GLO EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 c2 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 N POLICY ❑X JEROOT ❑LOC PRODUCTS-COMP/OP AGG $4,000,000 r 0 OTHER: o D ISA H2555047A 071011202107/Ol/2022 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $2,000,000 Ea accident X ANY AUTO � ��,r -. 'T BODILY INJURY(Per person) Z OWNED SCHEDULED - g .,I �'R. BODILY INJURY(Per accident) a) AUTOS AUTOS ONLY HIRED AUTOS NON-OWNED _ _„_, PROPERTY DAMAGE V '" ` "�' " Per accident ONLY AUTOS ONLY --- .- 9 . 17 . 2021 W/ _a , hm nt UMBRELLALIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE N-- '" AGGREGATE DED RETENTION D WORKERS COMPENSATION AND WLRC67807674 07/01/2021 07/01/2022 X PER STATUTE OTH- EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUT Y/N Work Comp- ADS IVE E.L.EACH ACCIDENT $1,000,000 E OFFICER/MEMBER EXCLUDED? � NIA sCFC67807716 07/01/2021 07/01/2022 (Mandatory in NH) Work Comp- WI E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $1,000,000—_ B Archit&Eng Prof PSDEF2100726 07/01/2021 07/01/2022 Aggreagate Limit $5,000,000— claims Made- Prof. Liab. Any One Claim $5,000,000 SIR applies per policy ter s & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) see attached addendum for Additional Named Insured Wood Companies. RE: Agreement for On Call Professional Engineering Services for Category B Canal Infrastructure Engineering Services. Monroe County, its successors and assigns are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA y `rx ��'J� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER see Certificate Number: 570087923613 CARRIER NAIC CODE see Certificate Number: 570087923613 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICY NUMBER POLICY POLICY LIMITS w LTR TYPE OF INSURANCE INSD VD EFFECTIVE EXPIRATION DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) OTHER A Env contr Poll CPL12456119 07/01/2021 07/01/2022 Aggregate $5,000,000 claims Made- Poll. Liab. Limit SIR applies per policy to ms & conditions Per Loss $5,000,000 Limit ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services southwest, Inc. JINGUSA Holdings, Inc. POLICY NUMBER see Certificate Number: 570087923613 CARRIER NAIC CODE see Certificate Number: 570087923613 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured JINGUSA Holdings, Inc. wood Group USA, Inc. wood Environment & Infrastructure solutions, Inc. AMEC Construction Management, Inc. AMEC E&E, P.C. AMEC Engineering and Consulting of Michigan, Inc. Amec Foster wheeler Energia, S.L.U. Amec Foster wheeler Industrial Power Company, Inc. Amec Foster wheeler Kamtech, Inc. Amec Foster wheeler Martinez, Inc. Amec Foster wheeler North America Corp Amec Foster wheeler Power systems, Inc. Amec Foster wheeler USA Corporation Amec Foster wheeler ventures, Inc. BMA solutions, Inc. C E C Controls Company, Inc. Cape software, Inc. Foster wheeler Intercontinental Corporation Ingenious, Inc. John wood Group PLC John wood Group, Inc. Kelchner, Inc. MACTEC Engineering and Consulting, P.C. MACTEC Engineering & Geology, P.C. MASH ventures, Inc. Mustang International , Inc. Rider Hunt International USA, Inc. RING (Repair & overhauls) USA, Inc. swaggart Brothers, Inc. wood Design, LLC wood Group Alaska, LLC wood Group Asset Integrity solutions wood Group PSN, Inc. wood Group UK, Ltd wood Massachusetts, Inc. wood Programs, Inc. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD