Item F13 F.13
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
November 15, 2022
Agenda Item Number: F.13
Agenda Item Summary #11270
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754
N/A
AGENDA ITEM WORDING: Approval of and authorization for the County Administrator to
execute the Florida Department of Environmental Protection (FDEP) grant agreement No. 22SRP57
for the construction phase of the Twin Lakes Sea Level Rise Pilot Project (Key Largo), in the
amount of $3,931,267. The grant is through the Resilient Florida Program and provides partial
funding for the project. A federal appropriation in the amount of $5,484,300 administered through
the FEMA Pre Disaster Mitigation (PDM) Program will provide the funding for the County's local
match.
ITEM BACKGROUND:
Twin Lakes Subdivision Sea Level Rise Pilot Roadway and Drainage Project is located on Key
Largo. The project will reconstruct and elevate low lying areas of Shaw Drive and Adams Drive to a
minimum elevation of 13 inches NAVD 88. The minimum target elevation was determined using
NOAA intermediate high sea level rise projections for the year 2040. The project includes a gravity
wall along a portion of Shaw Drive, a pump and treat stormwater collection system, a pump station
on Crane Street, and 5 injection wells.
In addition to the FDEP Resilient Florida grant, the County was awarded a federal appropriation in
the amount of$5,484,300 for total grant funding of$9,415,567. The current engineer's estimate of
probable construction cost is $9,943,907.
The project design is complete and includes inlets, manholes, above ground electrical pump station
controls, distribution panels and components, generators, underground valve boxes, wet wells,
pollution treatment unit structures and solids storage sumps. The roadway reconstruction will
include base and subgrade reconstruction where required, establishing crowns, milling and asphalt
paving.
October 22, 2021- staff submitted a grant application to the Florida Department of Environmental
Protection (FDEP) Resilient Florida grant program for the Twin Lakes Sea Level Rise Pilot Project.
December 8, 2021- the Governor announced, and the County received notification of award for the
2022-2023 Statewide Flooding and Sea Level Rise Resilience Plan.
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F.13
October 14, 2022—staff received the grant agreement from FDEP for execution.
PREVIOUS RELEVANT BOCC ACTION:
August 18, 2021 — The BOCC approved grant applications for the Twin Lakes Sea Level Rise Pilot
Project, under the new Resilient Florida program signed into law on May 12, 2021 (Section 380.093,
F.S.).
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve FDEP grant for Twin Lakes.
DOCUMENTATION:
22SRP57 - Twin Lakes Subdivision Flood Mitigation Project-signed
FINANCIAL IMPACT:
Effective Date: November 15, 2022
Expiration Date: end of construction and grant closeout
Total Dollar Value of Contract: $7,862,534
Total Cost to County: $3,931,267 match; to be funded by federal appropriation of$5,484,300
Current Year Portion: $1,000,000.
Budgeted: yes
Source of Funds: Grant funded
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: FDEP Grant 22SRP57 $3,931,267.
County Match: $5,484,300.00 FDEM PDM appropriation grant pending.
Insurance Required: N/A
Additional Details:
grant
REVIEWED BY:
Judith Clarke Completed 10/28/2022 3:55 PM
Christine Limbert Completed 10/31/2022 12:19 PM
Purchasing Completed 10/31/2022 12:50 PM
Budget and Finance Completed 10/31/2022 1:18 PM
Brian Bradley Completed 10/31/2022 1:38 PM
Lindsey Ballard Completed 10/31/2022 2:09 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Acreement
This Agreeinent is entered into between the alules:
1. Project Title(Project): Agreement Number:
Twin Lakes Subdivision Flood Mitigation Project 22SRP57
2. Parties: State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 (Department) 3:
Grantee Name: Monroe County Entity Type:
Local Government
Grantee Address:1100 Simonton Street,Suite 205,Key West,Florida 33040 FEID: 59-6000749
(Grantee) as
3. Agreement Begin Date: Date of'Expiration:
7/1/2022 6/30/2025
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4. Project Number: Project Iocation(s): W
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A�renlfi�om Agreement
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Project Description:The project will reconstruct and elevate low lying roads in the Twin Lakes community as well as construct a 0
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stormwater collection system,pump station,and 5 injection wells to provide stormwater drainage. >
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5. Total Amount of unding: F undiinjY,_Source? Award 4s or Une Item_A_p_pLqp Jons. Amount
------------------------ da ......... per Sourcc(s_�. CL
$3,931,267.00 V State F-IFederal FY-2022/2023-GAA-Line Item-#1775A-------- $3,931,267.00 !S
CI State F-IFederal
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VI Grantee Match $3,931,267.00
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Total Amount.offundim,+ Grantee Match,if an $7,862,534.00 (P
6. Department's Grant Manager Grantee's Grant Manager
Name: George Frisby -------------------------------------------- Name: Debra London 0-
or successor or successor
Address: Resilient Florida Program Address: Monroe County .2
-------------------------------- ---------------------- ---------------- ------------------------------------------
_2600 Blair-Stone-Road,MS235 ------------------- _102050 Overseas Highway,Suite 299
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Tallahassee,Florida 32399 --------------------- Key Largo,Florida 33037 ---------------------------
Phone: 850-245-8332 Phone: 305-453-8754
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Email: George.Frisby@FloridaDEP.gov Email: london-debra@monroecounty-f.gov .2
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby C
incol Jur (I reference: .2
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V Attachment 1: Standard Terms and Conditions Applicable to All Grant Agreements
7 Attachment 2: Special Terms and Conditions
114 Attachment 3: Grant Work Plan
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V Attachment 4: Public Records Requirements 0
V Attachment 5: Special Audit Requirements
7 Attachment 6:Program-Specific Requirements
F-1 Attachment 7: Grant Award Terms (Fed eral) *Copy available at I qps: _fimsAl(I f' com,in accordance with§215985,F.S.
F-1 Attachment 8: Federal Regulations and Terms(Federal) I-
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F-1 Additional Attachments(if'necessary): CL
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V Exhibit A: Progress Report Form CN
F-1 Exhibit B: Property Reporting Form a
V Exhibit C: Payment Request Summary Form E
F-1 Exhibit D: Quality Assurance Requirements for Grants
---------------
F-1 Exhibit E: Advance Payment Terms and Interest Earned Memo
V Additional Exhibits(if'necessary):Exhibit F:Final Report Form,Exhibit G:Photographer Release Form,and Exhibit H:Contractual Services
Certification
DEP Agreement No. 22SRP57 Rev.6/20/18
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F.13.a
8. The following information applies to Federal (irants only and is identified in accordance with 2 C.F.R. §200.331(a)(1):
Federal Award Identification Nnitiber(s) (FAIN):
Federal Award Date to De)artment:
Total Federal Fnnds Obliumed by this A,Yreement:
Federal Awardima A Yenc :
Award R&D? F-1 Yes EIN/A U)
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IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last(late signed below,whichever is later.
Monroe County
GRANTEE
(irantee Narne
By as
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(A tahorized Sivnalttre) Date Signed U)
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Roman Gastesi,Monroe County Administrator W
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State of Florida Departmentof Environmental Protection DEPARTMENT >
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Secretary or Designee Date Signed
as
Alex Reed,Director of the Office of Resilience and Coastal Protection
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MONROE COUNTY ATTORNEY
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ASSISTANT COUNTY ATTOM-Y 0
DATE. 10/1 V22............
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DEP Agreement No. 22SRP57
Rev.6/20/18
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ORCP Additional Signatures
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DEP Grant Manager, George Frisby
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DEP QC Reviewer, Jeremy Jimenez
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Local Sponsor may add additional signatures if needed below. a
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT I
1. Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), M
constitutes the entire agreement between the parties with respect to the subject matter hereof'and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of'Precedence. lf'there are conflicting provisions among the documents that make up the Agreement,the
order of'precedence for interpretation of'the Agreement is as follows: W
i. Standard Grant Agreement a
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ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant 4-
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Agreement
iii. Attachment 1, Standard Terms and Conditions >
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iv. The Exhibits in the order designated in the Standard Grant Agreement 0.
b. All approvals,written or verbal, and other written communication among the parties, including all notices, shall 0,
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected 0
by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when a
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receipt is acknowledged by recipient. lf'the notice is delivered in multiple ways, the notice will be considered T
delivered at the earliest delivery time. U
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c. lf'a different Grant Manager is designated by either party after execution of'this Agreement, notice of'the name
and contact information of'the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of'Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order,only by a written agreement
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between both parties. A formal amendment to this Agreement is required for changes which cause any of'the
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following: 'a
(1)an increase or decrease in the Agreement funding amount; 0
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(2)a change in Grantee's match requirements; U-
(3)a change in the expiration date of'the Agreement; and/or .2
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(4) changes to the cumulative amount of'frinding transfers between approved budget categories, as defined in U)
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent(20%) of'the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1)task timelines within the current authorized Agreement period change; U)
(2)the cumulative transfer of'fiends between approved budget categories,as defined in Attachment 3,Grant Work
Plan, are less than twenty percent(20%)of'the total budget as last approved by Department;
(3)changing the current funding source as stated in the Standard Grant Agreement; and/or
(4)fund transfers between budget categories for the purposes of'meeting match requirements.
This Agreement may be amended to provide for additional services if'additional funding is made available by the
1,egislature. LO
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e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
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The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless C14
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of'execution through the expiration date of'this Agreement, E
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of'this Agreement may be reimbursable or used for match purposes if'permitted by the Special Terns and
Conditions.
Attachment I
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4. Deliverables.
The Grantee agrees to render the services or other units of'deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of'deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. C
5. performance Measures.
The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and M
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not 0
knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if'provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate 0
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement W
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requirements. Notwithstanding any provisions herein to the contrary, written acceptance of'a particular deliverable W
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at a
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the time of'delivery. 4-
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6. Acceptance of Deliverables. —
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager >
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before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain CL
outstanding,within a reasonable time at Grantee's expense. If'Deparlinent's Grant Manager does not accept the CL
deliverables within 30 days of'receipt,they will be deemed rejected.
b. Lcicction of 17chverablcs. The Department reserves the right to reject deliverables,as outlined in the Grant
Work Plan, as incomplete, inadequate,or unacceptable due,in whole or in part,to Grantee's lack of'satisfactory
perf'onnance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or U
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated .0),0
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invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made CL
acceptable to Department in accordance with the Agreement requirements. The Department, at its option,may a
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allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
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event of'default.
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7. Financial Consequences for Nonperformance. 'a
a. Withholding Payment,
-P In addition to the specific consequences explained in the Grant Work Plan and/or 0
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Special'Perms and Conditions,the State of lorida(State)reserves the right to withhold payment when the
Grantee has failed to perforin/comply with provisions of this Agreement. None of the financial consequences
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for nonperfonnance in this Agreement as more frilly described in the Grant Work Plan shall be considered —
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penalties.
b. Invoice reduction
If'Grantee does not meet a deadline for any deliverable,the Department with reduce the invoice by I%for each
day the deadline is missed, unless an extension is approved in writing by the Department. U)
c. Corrective Action Plan. If'Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be ®a
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies S
in the CAP. All CAPs must be able to be implemented and perfonned in no more than sixty (60)calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval. CLLO
Within ten (10) days of'receipt of'a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. if the CAP is not accepted,Grantee shall have ten(10)days from
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receipt of'Department letter rejecting the proposal to submit a revised proposed CAP. Failure to CN
obtain Department approval of'a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement. E
ii. Upon Department's notice of acceptance of'a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails <
to correct or eliminate perfbnnance deficiencies by Grantee, Department shall retain the right to
Attachment 1
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require additional or further remedial steps, or to tenninate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of'the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
perf'onnance of the Agreement as specified by Department may result in termination of the
Agreement.
8. Payment.
a. Payment P�roccss. Subject to the terms and conditions established by the Agreement,the pricing per deliverable 0
established by the Grant Work Plan, and the billing procedures established by Department,Department agrees
to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).
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b. Taxes.The Department is exempted from payment of'State sales,use taxes and Federal excise taxes.The Grantee, 0
however,shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes,or W
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with W
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee a
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shall be responsible and liable for the payment of'all its FICA/Social Security and other taxes resulting from this 4-
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Agreement. —
c. Maximum Amount of'_A YLement. The maximum amount of'compensation under this Agreement, without an >
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amendment,is described in the Standard Grant Agreement.Any additional hands necessary for the completion of CL
this Project are the responsibility of'Grantee. CL
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws,rules, and regulations applicable to expenditures of'State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the U
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following web address:
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e. Invoice Detail. All charges for services rendered or for reimbursement of'expenses authorized by Department a
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and .2
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in 0
accordance with the Grant Work Plan.
f'. Interim Payments. Interim payments may be made by Department, at its discretion, if' the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager. 0
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g. EjadTAKment Rccfucst. A final payment request should be submitted to Department no later than sixty (60)days
following the expiration date of'the Agreement to ensure the availability of'funds for payment. However, all
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work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of'the U)
Agreement. .5
h. Annual A roiriation Contingency.. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of'work and any associated payments may be U)
rescinded, with proper notice, at the discretion of Department if' the Legislature reduces or eliminates
appropriations.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
j. Refund of Pay Any balance of'unobligated funds that have been advanced or paid must CLLO
be refunded to Department. Any funds paid in excess of'the amount to which Grantee or subgrantee is entitled
under the terms of'the Agreement must be refunded to Department.If' in thiLA recew is funded with federal funds A,_ C14
and the 17epartxnent is required to refund the federal goverrnrnent, the Grantee shall refund the Doartinent its C14
share of'those fiends.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match. E
If'Cost Reimbursement or Match is authorized in Attachment 2, Special'Perms and Conditions,the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories: <
Attachment 1
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a. SaIZtffajYcs. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements. 7
b. Overhead/Indirect/General and Administrative Costs. If'Grantee is being reimbursed for or claiming match for 0
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If'Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs 'Subcontractors). Match or reimbursement requests for payments to subcontractors must be M
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If'Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of'written notification. Interest shall be charged on the excessive CL W
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased a
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for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and 4-
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Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C., as applicable. The Grantee -ra
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase >
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of'equipment as part of'the delivery of'services. The Grantee shall comply with this requirement and ensure its CL
subcontracts issued under this Agreement,if'any, impose this requirement, in writing,on its subcontractors. CL
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award,on a competitive basis,fixed-price subcontracts to consultants/contractors in perfonning the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of'the subcontractor's invoice and a
copy of tabulation form for the competitive procurement process(e.g., Invitation to Bid,Request U
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract CL
resulting from procurement methods other than those identified above. In this instance,Grantee shall a
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request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of'request shall be supported by a detailed budget and Scope of
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Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of'the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
ii. If' the procurement is subject to the Consultant's Competitive Negotiation Act under section 0
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287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
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d. Travel. All requests for match or reimbursement of'travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Eguianinent. For the purposes of'this Agreement, Equipment is defined as capital outlay costing
$5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be U)
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B,Property Reporting Form.
f'. Rental/Lease of '�ui inent. Match or reimbursement requests for rental/lease of'equipment must include copies
of'invoices or receipts to document charges.
g. Miscellaneous/Qther Expenses. If'miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the CLLO
terms of'this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices.Additionally,independent of'Grantee's contract obligations to its subcontractor,Department
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shall not reimburse any of'the following types of'charges: cell phone usage; attorney's fees or court costs; civil CN
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or a
equipment. E
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of'real property through purchase)must be supported by the <
following, as applicable: Copies of'Property Appraisals, Environmental Site Assessments, Surveys and Legal
Attachment 1
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Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If'land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period,problems encountered,problem resolutions, scheduled updates,and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty (20) days following the completion of'the quarterly M
reporting period. For the purposes of'this reporting requirement, the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
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Grantee within thirty (30)days.
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11. Retainage. 0
The following provisions apply if'Department withholds retainage under this Agreement: W
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a. The Department reserves the right to establish the amount and application of'retainage on the work performed W
under this Agreement up to the maximum percentage described in Attachment 2, Special'Perms and Conditions. a
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Retainage may be withheld from each payment to Grantee pending satisfactory completion of'work and approval 4-
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of'all deliverables. -ra
b. If'Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall >
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forfeit its right to payment of'the retainage associated with the work. Failure to perform includes, but is not CL
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work CL
was actually performed. The Department shall provide written notification to Grantee of'the failure to perform
that shall result in retainage forfeiture. If'the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice,the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. P T
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided U
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement. CL
12. Insurance. 9=
a. Insurance Renuirements for Slily Grantees and/or Subcontractors. The Grantee shall require its sub-grantees .2
and/or subcontractors,if'any,to maintain insurance coverage of'such types and with such terms and limits as rsr
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if'any,to
make compliance with the insurance requirements of'this Agreement a condition of'all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof'of'insurance upon request. 0
0
b. Deductibles. The Department shall be exempt from,and in no way liable for, any sums of'money representing a
deductible in any insurance policy. The payment of'such deductible shall be the sole responsibility of'the
0
Grantee providing such insurance.
2A
c. Proof'of'Insurance. Upon execution of'this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of'applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of'written request from Department, Grantee shall furnish
Department with proof'of'applicable insurance coverage by standard form certificates of'insurance, a self'- U)
insured authorization,or other certification of'seff-insurance.
d. Duty to Maintain Covera.&YL. In the event that any applicable coverage is cancelled by the insurer for any
reason,or if'Grantee cannot get adequate coverage, Grantee shall immediately notify Department of'such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof'of'such replacement coverage within ten(10)days after the cancellation of'coverage.
e. Insurance Trust.If'the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add CLLO
the Department of'Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
C14
13. Termination. C14
a. Termination for Convenience. When it is in the State's best interest,Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall E
notify Grantee of'the termination for convenience with instructions as to the effective date of'terin illation or the
specific stage of'work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30)days of'the effective date of'terinination. The <
Department shall not pay any invoices received after thirty (30)days of effective date of'terinination.
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b. Termination for Cause. The Department may terminate this Agreement if any of the events of'default described
in the Events of'Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If', after termination, it is determined that Grantee was not in default,or that
U)
the default was excusable,the rights and obligations of the parties shall be the same as if the termination had 0
been issued for the convenience of'Department. The rights and remedies of'Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations galions upon Notice of Termination. After receipt of'a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. if the Agreement is terminated before perfonnance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
U)
d. Continuation of'Prepaid Services. If'Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
CL
has already been paid or, at Department's discretion, Grantee shall provide a reffind for services that have been W
paid for but not rendered. a
U-
e. Transition of'Services ent. If'services provided 4-
0
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition —
of'Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative >
0
L-
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant CL
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as CL
necessary to complete the transition or continued portion of the Agreement,if any.
14. Notice of Default.
If'Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of'default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting U
the failure.The notice will also provide that,should the Grantee fail to perfonn within the time provided,Grantee will 0,
be found in default, and Department may terminate the Agreement effective as of the date of'receipt of the default CL
notice. C
15. Events of Default. .2
Provided such failure is not the fault of'Department or outside the reasonable control of'Grantee, the following non-
P
exclusive list of events, acts,or omissions, shall constitute events of'default:
2
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a 'a
material deliverable,failure to perfonn the minimal level of'services required for a deliverable,discontinuance of 0
0
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
0
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of'such,made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information;
d. Failure to honor any term of the Agreement; U)
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act; LO
CL
h. Failure to maintain the insurance required by this Agreement; W
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the (n
C14
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate CN
assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations
under the Agreement: E
i. Entry of an order for relief under Title I I of the United States Code;
ii. The making by Grantee of'a general assignment for the benefit of creditors;
iii. The appointment of'a general receiver or trustee in bankruptcy of'Grantee's business or property; <
and/or
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iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
U)
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time,when it is 0
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of'suspension. Examples of'reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties,Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If' the Agreement is M
terminated after 30 days of'suspension,the notice of'suspension shall be deemed to satisfy the thirty(30)days' notice
required for a notice of termination for convenience. Suspension of'work shall not entitle Grantee to any additional
compensation. iZ
17. Force Majeure. 0
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence W
CL
of'Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of'Clod,wars, acts W
of'public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the a
U-
foregoing that affect subcontractors or suppliers if'no alternate source of'supply is available to Grantee. In case of 4-
0
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay -ra
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first >
0
L-
arose, if' Grantee could reasonably foresee that a delay could occur as a result; or (2) if' delay is not reasonably CL
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE CL
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, P
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or U
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If' .0,0
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
0
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment
P
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
2
and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject 'a
of the delay,which purchases may be deducted from the Agreement quantify;or(3)terminate Agreement in whole or 0
0
in part.
18. Indemnification.
0
a. The Grantee shall be frilly liable for the actions of its agents, employees, partners, or subcontractors and shall —
frilly indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, A
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee,its agents,employees,partners,or subcontracfors;provided,however,that Grantee U)
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of'Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of'Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1)written notice of any action or threatened action;(2)the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at CLLO
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
C14
withheld. C14
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the E
negligent or wrongful acts of its employees and agents. I-lowever, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of'Section 768.28,F.S. Further,nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter <
arising out of any contract or this Agreement.
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d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount C
no greater than the sum of the unpaid balance of'compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of'$100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
U)
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver. W
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute a
U-
or be deemed a waiver of'Department's right thereafter to enforce those rights,nor shall any single or partial exercise 4-
0
of any such right preclude any other or further exercise thereof or the exercise of any other right. -ra
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. >
0
L-
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section CL
274A(e) of the Immigration and Nationality Act. If' Grantee/subcontractor knowingly employs unauthorized CL
aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133,287.134, and 287.137 F.S.,the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list,or the antitrust violator vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list U
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a CL
contract with a public entity for the construction or repair of'a public building or public work; may a
.2
not submit bids,proposals,or replies on leases of'real property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public 0
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017,F.S., for CATEGORY TWO for a period of'36 months following the
date of'being placed on the convicted vendor list. 0
.2
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor U-
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a C
.2
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the U)
construction or repair of'a public building or public work;may not submit bids,proposals,or replies
on leases of'real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor,or consultant under a contract with any public entity; and may not transact
business with any public entity. U)
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not ®a
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal,or reply on any contract with a public entity for the construction or
repair of'a public building or public work;may not submit a bid,proposal,or reply on leases of'real
property to a public entity; may not be awarded or perform work as a Grantee, supplier, CLLO
subcontractor,or consultant under a contract with a public entity;and may not transact new business
with a public entity.
C14
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or CN
consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust C
violator vendor list during the life of the Agreement. The Florida Department of Management E
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of'Management Services, <
Office of'Supplier Diversity, at(850)487-0915.
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23. Compliance with Federal,State and Local Laws.
U)
a. The Grantee and all its agents shall comply with all federal,state and local regulations, including,but not limited 0
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of'this Agreement. E=
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of';or be otherwise subjected to discrimination
in performance of'this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of'the State offlorida. 0
d. Any dispute concerning performance of'the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of'the Agreement will be in the courts of'the State,and venue will be in the
Second Judicial Circuit, in and for [,eon County. Except as otherwise provided by law, the parties agree to be 0
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement. W
24. Build America, Buy America Act(BABA). a
U_
Recipients or Subrecipients of'an award of ederal financial assistance from a program for infrastructure are 4-
0
required to comply with the Build America,Buy America Act(BABA), including the following provisions: -ra
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, >
0
from the initial melting stage through the application of'coatings,occurred in the United States; 0.
0.
b. All manufactured products used in the project are produced in the United States-this means the manufactured
product was manufactured in the United States; and the cost of'the components of'the manufactured product
that are mined, produced,or manufactured in the United States is greater than 55 percent of'the total cost of'all 0
components of'the manufactured product, unless another standard for determining the minimum amount of P
domestic content of'the manufactured product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
0
the construction material occurred in the United States.
The Buy America preference only applies to articles,materials, and supplies that are consumed in,incorporated
into,or affixed to an infrastructure project. As such, it does not apply to fools, equipment, and supplies, such as .2
temporary scaff'olding, brought to the construction site and removed at or before the completion of'the
P
infrastructure project. Nor does a Buy America preference apply to equipment and frimishings, such as movable
chairs, desks, and portable computer equipment,that are used at or within the finished infrastructure project but
are not an integral part of'the structure or permanently affixed to the infrastructure project. 0
25. Scrutinized Companies. .2
U_
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel list or engaged in a boycott.of C
Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole .2
option if'the Grantee is found to have submitted a false certification;or if'the Grantee is placed on the Scrutinized 2A
Companies that Boycott.Israel list or is engaged in the boycott of'Israel during the term of'the Agreement.
b. If'this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the [ran Petroleum Energy Sector
U)
list, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to 0
Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if Grantee
is found to have submitted a false certification; or if'the Grantee is placed on the Scrutinized Companies with
Activities in Sudan list, or Scrutinized Companies with Activities in the [ran Petroleum Energy Sector list, or
engaged with business operations in Cuba or Syria during the term of'the Agreement.
c. As provided in Subsection 287.135(8),F.S.,if'federal law ceases to authorize these contracting prohibitions then
LO
they shall become inoperative.
26. Lobbying and Integrity.
C14
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of'lobbying C14
the legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of'Section
287.058(6), F.S., during the term of'any executed agreement between Grantee and the State, Grantee may lobby the
E
executive or legislative branch concerning the scope of'services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with Sections 11.062 and 216.347,F.S.
27. Record Keeping.
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The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP)consistently applied. The
Department,the State,or their authorized representatives shall have access to such records for audit purposes during
the term of'this Agreement and for five(5)years following the completion date or termination of'the Agreement. In
the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of'Department's Inspector General,or other authorized
State official, Grantee shall provide any type of'information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to,Grantee's business or financial
records, documents,or files of'any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of- (1)three years after the expiration of'the Agreement;or(2)the period required by the 0
General Records Schedules maintained by the Florida Department of'State(available at:
]j_wL/_/d_()_s_Anyflorlda_O-omjjbrary_AirLl Jves/nx ords i ai nx,.ords
U)
28. Audits. 0
a. 1"s ector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the W
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this CL W
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if' any, impose this a
U_
requirement, in writing,on its sub-grantees and/or subcontractors,respectively. 4-
0
b. Physical Access and lnsp,ecfion. Department personnel shall be given access to and may observe and inspect -ra
work being performed under this Agreement,with reasonable notice and during normal business hours,including >
0
L_
by any of'the following methods: CL
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or CL
storing or staging equipment,materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of'any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoring of'any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal U
requirements pursuant to this Agreement. .0,0
c. Special Audit.RecLuircinents. The Grantee shall comply with the applicable provisions contained in Attachment L_
CL
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an a
0
updated copy of'Exhibit 1,to Attachment 5. lf'Deparnnent fails to provide an updated copy of'Exhibit I to include
in each amendment that authorizes a ffinding increase or decrease, Grantee shall request one from the
P
Department's Grants Manager. The Grantee shall consider the type of'financial assistance (federal and/or state)
identified in Attachment 5, Exhibit I and determine whether the terms of ederal and/or Florida Single Audit Act
Requirements may ffirther apply to lower tier transactions that may be a result of'this Agreement. For federal 0
0
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of'a subrecipient or vendor. For State financial assistance,Grantee shall utilize the
0
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-ITS) that can be found under the "Links/Forms" section appearing at the following website: >
d. Proof'o fJrans actions. 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 U)
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if' applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR ®a
200. The Department may also request a cost allocation plan in support of'its multipliers (overhead, indirect, S
general administrative costs, and fringe benefits). The Grantee must provide the additional proof'within thirty
(30)days of'such request.
e. No ComniDinmii "lin, of_Funds The accounting systems for all Grantees must ensure that these funds are not CLLO
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees W
are prohibited from commingling funds on either a program-lay-program or a project-by-project basis. Funds (n
C14
specifically budgeted and/or received for one project may not be used to support another project. Where a C14
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, C
shall establish a system to provide adequate fund accountability for each project it has been awarded. E
i. If'Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part,of'the funds provided to Grantee under this Agreement
for non-compliance with the material terms of'this Agreement. The Grantee, upon such written <
notification from Department shall refund, and shall forthwith pay to Department, the amount of
Attachment I
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money demanded by Department. Interest on any reffind shall be calculated based on the prevailing
rate used by the State Board of'Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do 0
not apply to agreements where payments are made purely on a cost reimbursement basis.
29. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of'services required.
CL
30. Independent Contractor. W
The Grantee is an independent contractor and is not an employee or agent of'Department. a
U_
31. Subcontracting. 4-
0
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed -ra
solely by Grantee. >
0
L_
b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For CL
cause,includes,but is not limited to,technical or training qualifications,quality of'work,change in security status, CL
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor,or agent.
d. The Department's actions under paragraphs b.or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any U
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under .0,0
L_
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred CL
under any subcontract. C
0
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of'Department's denial is safety or security considerations.
P
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of's ubcontracts should reflect the ffill
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting 0
0
opportunities may be obtained by contacting the Office of'Supplier Diversity at(850)487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
0
the default of'a subcontractor at any tier, and if the cause of the default is completely beyond the control of'both
2A
Grantee and the subcontractor(s),and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
32. Guarantee of Parent Company. U)
If'Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of'Grantee for purposes of fulfilling the obligations of'Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of'sale that the new S
parent company guarantee all of the obligations of'Grantee.
33. Survival.
The respective obligations of the parties,which by their nature would continue beyond the termination or expiration CLLO
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation,or expiration of this Agreement.
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34. Third Parties. C14
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of'Grantee, its
agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This E
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If'
Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third-
party rights. Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. <
35. Severability.
Attachment I
I I of'12
Rev. 10/3/2022
Packet Pg. 983
ff'a court of'competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in frill force and effect.
36. Grantee's Employees,Subcontractors and Agents.
U)
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained 0
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall frimish a copy of
technical certification or other proof'of'qualification.All employees,subcontractors,or agents performing work under C=
Agreement must comply with all security and administrative requirements of'Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
37. Assignment.
The Grantee shall not sell, assign, or transfer any of'its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of'Department. In the event C
of'any assignment,Grantee remains secondarily liable for performance of Agreement,unless Department expressly
U)
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of'its 0
intent to do so. W
38. C m opensa CLtion Report. W
If'this Agreement is a sole-source, public-private agreement or if'the Grantee,through this agreement with the State, a
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annually receive 50%or more of'their budget from the State or from a combination of'State and Federal funds,the 4-
0
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for -ra
the entities'executive leadership teams. Total compensation shall include salary, bonuses,cashed-in leave, cash >
0
L_
equivalents, severance pay,retirement benefits, deferred compensation,real-property gifts, and any other payout. CL
The Grantee must also inform the Department of'any changes in total executive compensation between the annual CL
reports. All compensation reports must indicate what percent of'compensation comes directly from the State or
Federal allocations to the Grantee.
39. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts,
each of'which shall be an original and all of'which shall constitute the same instrument. In accordance with the U
Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have .0),0
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the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly CL
authorized to do so and to bind the respective party to the Agreement. C
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Attachment 1
12 of'12
lZev. 10/3/2022
Packet Pg. 984
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
U)
AGREEMENT NO.22SRP57 0
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1.Where in conflict,these more specific terms shall apply.
1. Scope of Work.
2
The Project frinded under this Agreement is Twin lakes Subdivision Flood Mitigation Project. The Project is
defined in more detail in Attachment 3, Grant Work Plan. U)
2. Duration. W
a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. a
U-
b. Extensions. There are extensions available for this Project. 4-
0
c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon -ra
proper and satisfactory technical and administrative perfbnnance by the Grantee and the availability offrinding. >
0
3. Payment Provisions. 0.
a. C:ompensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicii Invoicing will occur as indicated in Attachment 3.
iLl��
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements. .0
0
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
.2
Reimbursement Match Cate Yga M
2
El F-1 Salaries/Wages
Overhead4ndirect/General and Administrative Costs:
El El a. Fringe Benefits, N/A. 0
.2
El El b. Indirect Costs, N/A. U-
191 [91 Contractual(Subcontractors)
El E] Travel, in accordance with Section 112,F.S. 2A
El El Equipment
El E] Rental/lease of'Equipment
El E] Miscellaneous/Other Expenses 0U)
El E] [,and Acquisition
5. Equipment Purchase.
No Equipment purchases shall be frinded under this Agreement.
Ul)
6. Land Acquisition.
There will be no [,and Acquisitions frinded under this Agreement.
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7. Match Requirements
The Agreement requires at least a 50%match on the part of the Grantee. Therefore,the Grantee is responsible for
providing$3,931,267.00 through cash or third party in-kind towards the project frinded under this Agreement. E
The Grantee may claim allowable project expenditures made on July 1,2021 or after for purposes of'meeting its
match requirement as identified above.
Attachment 2
1 of'3
Rev. 10/3/2022
Packet Pg. 985
Each payment request submitted shall document all matching frinds and/or match efforts(i.e., in-kind services)
provided during the period covered by each request. The final payment will not be processed until the match
requirement has been met.
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8. Insurance Requirements
RecLqjr_qd_CQvenajY,e. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of'such types and with such terms and limits described below. The limits of'coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or M
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the 0
laws offlorida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement,however the minimum insurance requirements applicable to this Agreement are:
U)
a. Commercial GeneLal�LiabiInlnsu�rancc 0
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability W
CL
insurance at all times during the Agreement. The Department, its employees, and officers, shall be named W
as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each a
LL
occurrence and$500,000 policy aggregate. 4-
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b. Commercial Automobile Insurance. -ra
if the Grantee's duties include the use of'a commercial vehicle,the Grantee shall maintain automobile >
0
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property CL
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall CL
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile [Jabilify for Company-Owned Vehicles,if'applicaale
$200,000/300,000 Hired and Non-owned Automobile [Jabilify Coverage P T
c. Workers Coingensation and EMployers Liability_CoveraLye. U
The Grantee shall provide workers' compensation, in accordance with Chapter 440,F.S. and employer .0),0
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liability coverage with minimum limits of'$100,000 per accident, $100,000 per person, and$500,000 CL
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. a
.2
d. Other Insurance. None.
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9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
0
.2
10. Retainage. LL
Retainage is permitted under this Agreement. Retainage may be up to a maximum off 0%of the total amount of the a
Agreement. .2
2A
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. U)
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be
performed under this Agreement.
12. State-owned Land.
The work will not be performed on State-owned land. Ul)
13. Office of Policy and Budget Reporting. C14
O f'There are no special ffice of and Budget reporting requirements for this Agreement. C14
14. Build America, Buy America Act(BABA). E
Recipients or Subrecipients of an award of Federal financial assistance from .a a program for infrastructure are U
required to comply with the Build America,Buy America Act(BABA), including the following provisions:
Attachment 2
2 of'3
Rev. 10/3/2022
Packet Pg. 986
a. All iron and steel used in the project are produced in the United States--this means all manuf'acturing
processes, from the initial melting stage through the application of'coatings,occurred in the United States;
b. All manufactured products used in the project are produced in the United States-this means the
manufactured product was manufactured in the United States; and the cost of'the components of'the
manufactured product that are mined, produced,or manufactured in the United States is greater than 55
percent of'the total cost of'all components of'the manufactured product, unless another standard for
determining the minimum amount of'domestic content of'the manuf'actured product has been established
under applicable law or regulation; and C
c. All construction materials are manufactured in the United States-this means that all manufacturing
processes for the construction material occurred in the United States.
The Buy America preference only applies to articles,materials, and supplies that are consumed in,incorporated into,
or affixed to an infrastructure project. As such, it does not apply to fools, equipment, and supplies, such as CL
W
temporary scaff'olding, brought to the construction site and removed at or before the completion of'the infrastructure a
U_
project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and 4-
0
portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part —
M
of'the structure or permanently affixed to the infrastructure project. >
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15. Common Carrier. CL
a. Applicable to contracts with a common carrier-- firm/person/corporation that as a regular business
transports people of'commodities from place to place. If'applicable, Contractor must also fill out and
return PUR 1808 before contract execution] If'Contractor is a common carrier pursuant to section
908.111(1)(a),Florida Statutes,the Department will terminate this contract immediately if'Contractor is P
found to be in violation of'the law or the attestation in PUR 1808.
b. Applicable to solicitations for a common carrier--Before contract execution,the winning Contractor(s)
CL
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of C
transporting a person into this state knowing that the person unlawfrilly present in the United States .2
according to the terms of'the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
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Department will terminate a contract immediately if'Contractor is found to be in violation of'the law or the
attestation in PUR 1808
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16. Additional Terms. .2
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Documentary_Lvid_ence Requircin cn1j6r_S ubcontractor(�. If'any work associated with this Agreement is completed j C
by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., 0
U)
workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has frilly performed its .5
Project obligation(s). The Grantee shall forward copies of'all such documentary evidence to the Department with the
Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement
(Grant Work Plan). U)
0
Sea Level Impact Proj I ection Stud Requirement.. If'the project is within the designated area, pursuant to Section——-------------- _—
161.551,F.S. and Chapter 62S-7, F'Iorida Administrative Code,the Grantee is responsible for perfonning a Sea
Level Impact Projection(SLIP) study and submitting the resulting report to the Department. The SLIP study report
must be received by the Department, approved by the Department, and be published on the Department's website for
at least thirty (30)days before construction can commence. This rule went into effect July 1,2021, and applies to CLLO
certain state-funded construction projects located in the coastal building zone as defined in the rule.
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Attachment 2
3 of'3
Rev. 10/3/2022
Packet Pg. 987
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
AGREEMENT NO. 22SRP57
ATTACHMENT 3 S
3:
PROJECT TITLE: Twin Lakes Subdivision Flood Mitigation]Proj
ect
PROJECT LOCATION: The ]Project is located in the Twin Lakes subdivision within Monroe County,
Florida.
PROJECT DESCRIPTION:
Monroe County (Grantee)will complete the Twin Lakes Subdivision Flood Mitigation]Project(]Project),to W
9 .1 .1 a
reconstruct and elevate low lying roads in the Twin Lakes community as well as construct a storniwater U_
4-
collection system, wet wells, pump station, electrical controls, force main, and five injection wells for 0
stonriwater drainage. The]Project will be completed along Shaw Drive, Crane Street, and Adams Drive and
>
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will elevate the roadways to a minimum elevation of B" NAVD 88. These roads are low lying and are
CL
subject to frequent and persistent flooding due to storms, tides, and sea level rise and are also bordered by CL
wetlands and two canals along the bayside in Key Largo. The permitting and design is complete, so the
Project will include construction.
TASKS AND DELIVERABLES:
Task 1: Construction 0-
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Description: The Grantee will reconstruct and elevate low lying roads in the Twin Lakes community to a
minimum elevation of B" NAVD 88 as well as construct a stonriwater collection system, wet wells,
pump station, electrical controls, force main, and five injection wells for stonriwater drainage in
accordance with the construction contract documents. ]Proj
ect costs associated with the Construction task
include work approved through construction bids and/or construction-phase engineering and monitoring 0
services contracts. Eligible activities may include mobilization, demobilization, construction observation U_
or inspection services, physical and environmental surveys, and mitigation projects. Construction shall be a
.0
conducted in accordance with all state or federal permits.
Deliverables: The Grantee will submit: t) a copy of final permit documents from all appropriate state and
federal regulatory agencies-, 2) a copy of the final design and as-built or record drawings-, 3) a signed
U)
acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request, 0
4) a signed Engineer's Certification of Payment Request, and 5) when construction is complete, a
Certificate of Occupancy (if applicable) and a Certificate of Completion signed by a Florida-registered S
Professional Engineer. 3:
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PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the CL
Department's Grant Manager on or before the Task Due Date listed in the ]Project Timeline. The Grantee
must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every C14
C14
deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for 4i
a
a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the 0
E
specifications in the Grant Work Plan and the task description,to include any work being performed by any
subcontractor(s). Upon review and written acceptance by the Department's Grant Manager of deliverables
under the task, the Grantee may proceed with payment request submittal. <
DEP Agreement No.:22SRP57
Page t of 2
Rev. 2.11.22
Packet Pg. 988
CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the
Department at one hundred percent (t00%) completion and by the specified due date listed in the
Agreement's most recent ]Project Timeline, the Departirient will reduce the relevant Task Funding
Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or
submitted to the Department in a timely manner.
.S
3:
PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee
may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and
Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently 0
than quarterly and must be made using Exhibit A, detailing all work progress made during that payment
request period, and Exhibit C. Upon the Department's receipt of Exhibit A and C, along with all supporting
fiscal documentation and deliverables,the Department's Grant Manager will have ten (W) working days to
review and approve or deny the payment request. CL
W
a
PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables U_
4-
received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding 0
76
must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior >
0
to the current task due date listed in the ]Project Timeline. Requests are to be sent via email to the
.1 CL
Department's Grant Manager, with the details of the request and the reason for the request made clear. 0.
Task Budget DEP Local Total Task Start Task Due 0
No. Task Title Category Amount Amount Amount Date Date a
2M
Contractual Services
I Construction $3,93 t,267 $3,93 t,267 $7,862,534 7/t/2022 3/3 t/2025 0
0,
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Total: $3,93 t,267 $3,93 t,267 $7,862,534
0
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DEP Agreement.No.:22SRP57
Page 2 of 2
Rev. 2.11.22
Packet Pg. 989
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement(]Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida
Constitution or section I t9.07(t), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
2
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S.,If Applicable.
For the purposes of this paragraph, the term"contract" means the "Agreement." If Grantee is a"contractor" as (L
defined in section I t9.070t(t)(a), F.S., the following provisions apply and the contractor shall: W
a. Keep and maintain Public Records required by Department to perform the service. u-
4-
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be 0
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter I t9,F.S., or >
0
as otherwise provided by law.
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c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to CL
penalties under section I 19.10,F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements 0
are not disclosed except as authorized by law for the duration of the contract term and following completion of the rsr
contract if the contractor does not transfer the Public Records to Department.
c. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
P Department
]Public Records to Depament upon completion of the contract, the contractor shall destroy any duplicate P CLublic C
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor .2
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data 0
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the u-
contractor is authorized to access.
f. IF TIE CONTRACT'OR HAS QUESTJONS REGARDING TIE APPa ATJON OF A
CIIAPT'ER 119, .S®, T'O T'II E CONTRACT'OR'S DIJT'Y T'O PROVIDE PUBLIC
RECORDS RELAT'ING T'O T'IIE CONTRACT, CONT'ACT' 111E DEPARI'MENT"S
C1JST'ODIAN OF PUBLIC RECORDS AT':
1'elephone: (850) 245-2118
Mailing Address: Department of Environmental. Protection
AT'T'N: Office of Ombudsman and Public Services LO
Public Records Request
3900 Commonwealth Boulevard, MS 49
T'aflahrises, Florida 32399
E
Attachment 4
1 of I
Rev.4/27/2018
Packet Pg. 990
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5 S
3:
The administration of'resources awarded by the Department of Environmental Protection (which m v he re a ,#?rred to
as the "Dej)artnient", "DI'll", "FDT'P"or "Grantor", or other name in the q�reement)to the recipient(which may he
referred to as the "Recij)ient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring
by the Department of'Environmental Protection, as described in this attachment.
MONITORING
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In addition to reviews of'audits conducted in accordance with 2 C.F.R. Part 200, Subpart F-Audit Requirements, and a
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, U_
4-
on-site visits by DEP Department staff',
limited scope audits as defined by 2 C.F.R. § 200.425, or other procedures. 0
-
By entering into this Agreement, the recipient agrees to comply and cooperate with an ray monitoring >
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the 0-
Department of Environmental Protection determines that a limited scope audit of'the recipient is appropriate, file CL
CL
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such
audit. The recipient ffirther agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief inancial Officer(CFO)or Auditor General.
2M
AUDITS
PART 1: FEDERALLY FUNDED 0-
This part is applicable if'the recipient is a State or local government or a non-profit organization as defined in 2 C.F.R.
§200.330
I. A recipient that expends$750,000 or more in federal awards in its fiscal year,must have a single or program- 2
specific audit conducted in accordance with the provisions of'2 C.F.R. Part 200, Subpart F. EXHIBIT I to 'a
0
this Attachment indicates federal frinds awarded through the Department of'Environmental Protection by this U_
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all C
sources of federal awards, including federal resources received from the Department of Environmental .0
Protection. The determination of amounts of federal awards expended should be in accordance with the 2A
guidelines established in 2 C.F.R. §§200.502-503.An audit of recipient conducted by the Auditor General
in accordance with the provisions of'2 C.F.R. Part 200.514 will meet the requirements of'this par(:.
U)
2. For the audit requirements addressed in Part 1,paragraph 1,the recipient shall fulfill the requirements relative 0)
to auditee responsibilities as provided in 2 C.F.R. §§200.508-512.
3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of'2 C.F.R. Part 200, Subpart F-Audit Requirements. If'the
recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted
LO
in accordance with the provisions of'2 C.F.R. Part 200, Subpart F-Audit Requirements,the cost of'the audit WCL
must be paid from morn-federal resources(i.e.,the cost of'such an audit must be paid from recipient resources (n
obtained from other federal entities). CN
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4. The recipient may access infonnation regarding the Catalog of ederal Domestic Assistance(CFDA)via the
internet at www.cftla.t ov E
Attachment 5
1 of'6
BGS-DEP 55-215 revised 12/14/2020
1 Packet Pg. 991
PART H: STATE FUNDED
This part is applicable if'the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
U)
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I. In the event that the recipient expends a total amount of'state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient most have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. M
EXIJIBIT I to this form lists the state financial assistance awarded through the Depart tent of'Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of'state financial assistance, including state financial assistance received
U)
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements. CL W
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2. In connection with the audit requirements addressed in Part 11,paragraph I;the recipient shall ensure that the 4-
0
audit complies with the requirements of'Section 215.97(8), Norida Statutes. This includes submission of'a —
M
financial reporting package as defined by Section 215.97(2),Florida Statutes, and Chapters 10.550 (local >
0
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governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of'the Auditor General. CL
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3. If recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than$750,000 in state financial
P
assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of'Section
215.97,Florida Statutes,the cost of'the audit must be paid from the non-state entity's resources(i.e.,the cost U
of'such an audit must be paid from the recipient's resources obtained from other than State entities). .0),0
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4. For information regarding the Florida Catalog of'State Financial Assistance(CSFA),a recipient should access C
the Florida Single Audit Act website located at fldr"join/fsaa for assistance. In addition to the .2
above websites, the following websites may be accessed for infonnation: Legislature's Website at 0
State of Florida's website at InA /WWW Anyflorida .,.ouV,
Department of'Financial Services' Website at the Auditor General's Website at
2
0
.
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PART III: OTHER AUDIT REQUIREMENTS U)
.5
(NO I': This part would he used to specify any additional audit requirements imposed by the State awarding,entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by F'ederal or State laws
and is not in conflict ri,ith other F'ederal or State audit requirements). Pursuant to Section 2 1.5.97(8), Florida Statutes, U)
State agencies may conduct or arrange for audits qj"state financial assistance that are in addition to audits conducted
in accordance with Section 21.5.97, Florida Statutes. In such an event, the State art,ardil,��agency must arrange
for
funding the full cost qfyiltch additional audits.)
PART IV: REPORT SUBMISSION
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I. Copies of'reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, Subpart F-Audit
Requirements,and required by PART I of form shall be submitted,when required by 2 C.F.R. §200.512, C14
by or on behalf of'the recipient directly to the Federal Audit Clearinghouse (FACE) as provided in 2 C.F.R. CN
§§200.36 and 200.512
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A. The Federal Audit Clearinghouse designated in 2 C.F.R. §200.501(a)(the number of'copies required by
2 C.F.R. §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address:
Attachment 5
2 of'6
BGS-DEP 55-215 revised 12/14/2020
1 Packet Pg. 992
By Mail:
Federal Audit Clearinghouse
Bureau of'the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of'the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can M
be found at
2. Copies of'financial reporting packages required by PART 11 of'this Attachment shall be submitted by or on
behalf'of'the recipient directly to each of'the following: U)
A. The Department of'Environmental Protection at one of'the following addresses: CL W
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By Mail: 4-
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Audit Director -ra
Florida Department of'Environmental Protection >
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Office of'Inspector General,MS 40 CL
3900 Commonwealth Boulevard CL
Tallahassee,Florida 32399-3000
Electronically:
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B. The Auditor General's Office at the following address: 0'
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Auditor General C
Local Government Audits/342 .2
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
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electronic copy of'a financial reporting package. 2
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3. Copies of'reports or management letters required by PART [I[of'this Attachment shall be submitted by or
on behalf of'the recipient directly to the Department of'Environmental Protection at one of'the following
addresses:
By Mail: U)
Audit Director
Florida Department of'Environmental Protection
Office of'Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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4. Any reports, management letters, or other information required to be submitted to the Department of 4i
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. E
§ 200.512, section 215.97, F.S., and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and
f'or-profit organizations),Rules of'the Auditor General, as applicable.
Attachment 5
3 of'6
BGS-DEP 55-215 revised 12/14/2020
1 Packet Pg. 993
5. Recipients,when submitting financial reporting packages to the Department of'Environmental Protection for
audits done in accordance with 2 C.F.R. Part 200, Subpart F-Audit Requirements,or Chapters 10.550(local
governmental entities) and 10.650 (non and for-profit organizations), Rules of'the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of'five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief inancial OfYicer, or Auditor General access to such records upon
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request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief inancial OfYicer, or Auditor General upon request for a period of'three (3)years
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from the date the audit report is issued, unless extended in writing by the Department of'Environmental Protection. W
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Attachment 5
4 of'6
BGS-DEP 55-215 revised 12/14/2020
1 Packet Pg. 994
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM-SPECIFIC REQUIREMENTS
RESILIENT FLORIDA PROGRAM
ATTACHMENT 6
I Permits. The Grantee acknowledges that receipt of'this grant does not imply nor guarantee that a federal,
state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary
permits are obtained prior to implementation of'any grant-funded activity that may fall under applicable
federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of'each applicable
permit for any grant-funded activity. Upon request, the Grantee must provide a copy of'all acquired and U)
approved permits for the project.
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2. 11nieli�Yibilil. If'the Grantee fails to perform in accordance with the terms and conditions set forth in this a
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Agreement;Attachment 3 (Grant Work Plan), and all other applicable attachments and exhibits,the Grantee 0
shall be ineligible to be considered for funding under the Resilient Florida Program for two (2) consecutive -ra
funding cycles. The Department shall make its determination of'ineligibilily within thirty (30) days of'this 0-
Agreement's end date and notify the Grantee in writing if'determined ineligible. If'the failure to perform in CL
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accordance with the terms and conditions set forth in this Agreement is due to the Grantee's contractor or
subcontractor(s), then the Grantee should submit that documentation in writing to the Department's Grant
Manager.
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3. Additional Documentation for Contractual Costs. In addition to the documentation requirements in paragraph
11 of Attachment 2 (Subcontracting), and in paragraph 9.c. of Attachment I (Contractual Costs
(Subcontractors,)), Grantee shall provide the following for all subcontractual agreements that the Grantee CL
executes for this project: a
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a. A valid link or documentation that outlines their entity's procurement processes as required in P
Attachment 1, paragraph 9.c;and 2
b. A certification statement signed by the Grantee's designated grant manager indicating the procurement 'a
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process that was utilized per their entities' policies and procedures for all subcontractors. The
certification must include a listing of'all subcontractor quotes/bids amounts, along with the company U_
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name, address, and the details of'how and why they made their determinations for those subcontractors
that were selected and utilized for this Agreement. 2A
4. Attachment. 3 Grant Work Plan Performance Measures. All deliverables and reports submitted to the
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Department should be submitted electronically and must be compliant with the Americans with Disabilities U)
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Act, also known as "508 Compliant,"in all formats provided.
5. Co right Patent, and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce,publish or otherwise use,and to authorize others to use,for state government purposes:
a. T LOhe copyright in any work developed under this Agreement; and CL
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b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. (n
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6. Grant funds may not be used to support ongoing efforts to comply with legal requirements,including permit
conditions,mitigation,and settlement agreements.
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7. Fgujii�Source. With the exception of'audiovisuals not intended for presentation to the general public that
are produced either as research instruments or for documenting experimentation or findings(unless otherwise <
required under the special terms of'this Agreement),Grantee agrees to include the Department's logo(which
Rev. 2.11.22 Attachment 6
Pagel of
I Packet Pg. 997
can be found on the Department's website at: Iii qLs.8flori dadejLg Y or by contacting the Grant Manager for
a copy)on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and
similar materials, as well as the following language:
"This work was funded in part through a grant agreement from the Florida Department of Environmental -j
Protection's Office of'resilience and Coastal Protection Resilient Florida Program. The views, statements,
findings, conclusions, and recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views of the State of lorida or any of its subagencies."
The next printed line must identify the month and year of the publication.
8. Final-RMje ,�Rc ort.The Grantee shall submit Exhibit F,Final PrQject Report Form,prior to requesting final
payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in
instances where the next quarterly report CL falls after the prQject's completion date. W
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Rev. 2.11.22 Attachment 6
Page 2 of 2
Packet Pg. 998
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Resilient Florida Program
Progress Report Form
Exhibit A
DEP Aureement No.: 22SRP57
Pro ect T tle: Twin 1,akes Subdivision Flood
Grantee Name: Monroe County
Grantee Address:
Grantee's Grant Manager-
R Y±portina (MM/DD/YYYY CL
g Period: W
INSTRUCTIONS: Provide the following information for all tasks and deliverables identified in a
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Attachment 3, Grant Work Plan: Description of the work performed during the reporting period, 4-
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problems encountered, problem resolutions, scheduled updates, proposed work for the next reporting 76
period, and percentage of the work that has been completed to date. 0
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. CL
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The following format should be followed-
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
Percentage of task completed:
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Task 2:
Progress for this reporting period:
Identify any delays or problems encountered:
Percentage of task completed:
Task 3:
Pr ogressfor this reporting period: a
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Identify any delays or problems encountered:
Percentage of task completed:
Task 4:
Progress for this reporting period:
Identify any delays or problems encountered:
Percentage of task completed:
This report is submitted in accordance with the reporting requirements of the above DEP LO
Agreement No. and accurately reflects the activities associated with the project.
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Signature of Grantee's Grant Manager(or successor) Date E
Exhibit A,DEP Agreement 4:22SRP57
I of 1
11/17/2021
Packet Pg. 999
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
The current Exhibit C, Payment Request Summary For for the Resilient Florida Prograirl grant
agreements can be found on the Department's website at the link below. Each payment request must be
submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit
C that occur during the grant agreement period.
11t. L"'Hil ori dadcj, , �o v/Re,si I i c"n t-j"I ori Prc -am/Grants
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Exhibit C, Page t of t
Rev. 12/02/19
Packet Pg. 1000
F.13.a
EXHIBIT F"
ICI P AGREEMENT NO.22SRP57
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TWIN LAKES SUBDIVISION FLOOD MITIGATION PROJECT
Monroe County
unty zsr
Final Project Report
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This report is frinded in par(:through a grant agreement from the Florida Department of Environmental Protection. cn
The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and C14
do not necessarily reflect the views of the State of Florida or any of its subagencies.
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Exhibit F",DEP Agreement#22SRP57
Page 1
5/12/2022
Packet Pg. 1001
Part 1. Executive Summary
Part 11.Methodology
Part Ill. Outcome
Include evaluation of prqjecf"Y ability to meet goals and expected performance measures and provide explanation for
ii,hly goals were not met, if'applicable.Identify successful outcomes, areas for improvement, and quantifiable metrics
as a result qf'lheprqjecf.
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Instructions for completing Attachment F Final Project Report Form: C.
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DEP AGREEMENT NO.: This is the number on your grant agreement. U)
GRANTEE NAME: Enter the name of the grantee's agency.
PROJECTTITLE: Enter the title shown on the first page of the grant agreement.
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MONTH &YEAR: Enter month and year of'publication
The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and S
Further Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreement.Please limit the final project report to no more than five(5)pages. One electronic copy shall be submitted
to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final CLLO
Project Report.
C14
Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, C14
identified in paragraph 18 of this agreement.
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Exhibit F,DEP Agreement 9 22SRP57
Page 2
5/12/2022
Packet Pg. 1002
F.13.a
, Florida Department of Environmental]Protection
EXHIBIT G
PHOTOGRAPHER R RELEASE E"CDRM
� ¢ � FOR PHOTOGRAPHS,VTIDI CDS Al.JDICD RFC'CDRIDI CC�S END AWTOR
IDF p AGREEMENT ENT NO: 22SRP57 �
RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO O RECORDINGS AND ARTWORKS E
CDwner/Saubmitter's Name:
Address:
City: State: zip:
Phone Number: ( ) Email:
License and Indemnification 4-
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t certify that t am the owner of the photograph(s),video(s),audio recording(s) and/or artwork(s)being submitted and >
am eighteen(18)years of age or older.
t hereby grant to the Florida Department of Environmental Protection the royalty-free and morn-exclusive right to
distribute, publish and use the photograph(s), video(s), audio recording(s) and art:work(s) submitted herewith (the �
"Work")to promote the Florida Department of hrnvirornmerntal Protection. Uses may include,but are not limited to: a
1. Promotion of FDEP (including, but limited to publications,websites, social media venues, advertisements, �
etc.); and s
2. Distribution to the media; and �
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3. Use in commercial products.
The Florida Department of'hrnvirornmerntal Protection reserves the right to use/notuse any Work as deemed appropriate 2
by the Florida Department of hrnvirornmerntal Protection. No Work will be returned once submitted.
t hereby acknowledge that the Florida Department of'hrnvirornmerntal Protection shall bear no responsibility whatsoever
for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights
or other rights t may hold in such Work, and in no way shall be responsible for any losses t may suffer as a result of 0
any such infringement; and t hereby represent and warrant that the Work does not infringe the rights of any other U_
individual or entity. �
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t hereby unconditionally release, hold harmless and indemnify the Florida Department of hrnvirornmerntal Protection, ��
its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in
connection with the Florida Department of Environmental Protection's use of the Work. This release and �
indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. U)
I have read and understand the terms of this release.
Owner signature: Date:
Photo/video/audio/artwork/recording
file rnnrrr,e(s)A �
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Location of photo/video/audio c14
recording/artwork:
a�
Name of person accepting Work submission �
Exhibit Cam,DEP Agreement#: 22SRP57
11/19/2021 Page I off
Packet Pg. 1003
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
CONTRACTUAL SERVICES CERTIFICATION
Exhibit H
Required r allgrnt a agreement� I&H include ConlrciclucdSer a�vices cin exl)endilure ccllegro,�y.
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DEP Agreement Number: 22SRP57
Project Title: Twin Lakes Subdivision Flood Mitigation Project
Grantee: Monroe County CL
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Prior to making a request for payment of contractual services, the Grantee must provide the >
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following to the Department Grant Manager then responsible for the Grantee's Resilient Florida
Grant Program grant agreement:
1. Documentation of the Grantee's procurement process, as consistent with Attachment
1, Paragraph 9(c) and Attachment 2, Paragraph I I
1 A list of all subcontractor quote and/or bid amounts (as applicable), including the
company name and address for each subcontractor, 2,
3. An explanation of how and why the Grantee made their determination(s) 0-
for the C
.2
subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant
agreement- and
4 This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant
manager. 0
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By signing below, I certify that, on behalf of the Grantee, I have provided all the information
required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager
currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also LO
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certify that the procurement process the Grantee utilized follows all of said Grantee's non.- 0
Departmental policies and procedures for subcontractors.
Grantee's Grant Manager Signature LO
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Print Name N
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Date
Packet Pg. 1004