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Item C23
C23 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting March 20, 2024 Agenda Item Number: C23 2023-2229 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Andrew Roltsch no AGENDA ITEM WORDING: Approval of Florida Department of Environmental Protection(FDEP) Monroe County Coral Resilience Project Grant Agreement No. 22CPR01 in the amount of $2,500,000.00 and authorization for the Grant Manager to execute all grant documents, to provide funding for the development of infrastructure support for corals in the event that evacuation and holding is necessary due to a coral bleaching event. Authorization is also requested for the County Administrator to sign three subaward agreements as finalized by the County Attorney's Office. The county will subaward with University of South Florida as host institute for Florida Institute of Oceanography (FIO) also known as Keys Marine Laboratory, Mote Marine Laboratory, and University of Miami. The grant is awarded through the Resilient Florida Program and is full funded in the amount of$2,500,000.00 with no match required. ITEM BACKGROUND: Florida's Coral Reef spans over 350 miles of continuous, diverse, coral reef ecosystems and is a beautiful, national treasure that supports an incredible amount of life in addition to providing jobs, protection, and enjoyment for millions of residents and visitors. In the summer of 2023, Florida's Coral Reef(FCR) experienced an extreme coral bleaching event, that resulted in significant mortality of several different coral species across FCR. In response, evacuation efforts and land-based holding of Endangered Species Act-listed species and stony coral tissue loss disease susceptible species proved to be necessary to preserve genetic diversity for future propagation efforts. This mass movement and temporary holding of corals from in-situ nurseries to ex-situ holding facilities identified a gap in existing infrastructure for emergency response, which slowed down the effort to move and hold corals efficiently. The University of South Florida as host institute for Florida Institute of Oceanography(FIO) also known as Keys Marine Laboratory, Mote Marine Laboratory, and the University of Miami have all been identified by the Florida Department of Environmental Protection as qualified institutions to help remedy this infrastructure gap. Coral bleaching has been occurring more frequently over the past few decades, and some level of bleaching has occurred every year since 2011. In July 2023,NOAA recorded the highest South Florida sea temperatures (35°C/95°F) since in-water measurements started in 1981. In addition, FCR has seen 956 outbreaks of disease, most notably the outbreak of stony coral tissue loss disease in 2014 which is now endemic to the entirety of the reef and affects over 23 different stony coral species. Understanding that major disturbance events such as bleaching or disease outbreaks will continue to happen, it is important to have precautions in place to facilitate a rapid response when necessary, including the development of and maintenance of holding facilities specifically designated for emergency response. The Monroe County Coral Resilience Project Grant Agreement No. 22CPR01 will provide $2,500,000.00 in funding to the aforementioned institutions to develop the necessary infrastructure support for corals should a future bleaching event take place. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the application to the FDEP Resilient Florida Grant Program at the August 2022 BOCC meeting. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval of the grant agreement and authorization for the County Administrator to sign the subaward agreements as finalized by the County Attorney's Office. DOCUMENTATION: 22CPRO1 0. Full Grant Agreement Monroe County_2024.02.29.pdf Keys Marine Draft Subaward Agreement Task 1.1.pdf Keys Marine Draft Subaward Agreement Task 1.2.pdf Mote Marine Draft Subaward Agreement.pdf University of Miami Draft Subaward Agreement.pdf FINANCIAL IMPACT: Effective Date: Upon Execution by FDEP Expiration Date: September 30,2026 Total Dollar Value of Contract: $2,500,000.00: FDEP #22CPR01 $2,500,000.000 Total Cost to County: $0 NA-grant funded Source of Funds: Resilient Florida Grant 22CPR01 CPI:No Indirect Costs:None Grant:Yes County Match:No Insurance Required:No 957 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Coral Resilience Project 22CPR01 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe county Board of county Commissioners Entity Type: Local Government Grantee Address: 500 Whitehead Street FEID: 59-6000749 Key West,FL 33040 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon execution 9/30/2026 4. Project Number: Project Location(s): Layton,Summerland Key,and Virginia Key (If different from Agreement Number) Project Description: The project will provide infrastructure support for corals in the event that evacuation and holding is necessary. 5. Total Amount of Funding: Funding Source? Award#s or Line-Item Appropriations: Amount per Sources : ❑ State t]Federal 152-D FY 21/22 2,500,000.00 $2 500 000.00 ❑ State ❑Federal ❑ State []Federal $ ❑ Grantee Match $ Total Amount of Funding+Grantee Match,if any: $ 2,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Kristi Kerrigan Name: Andrew Roltsch or successor or successor Address: Coral Protection and Restoration Program Address: Monroe County 8000 N Ocean Dr. 1100 Simonton Street,Suite 2-213 Dania Beach, FL 33004 Key West, FL 33040 Phone: 561-681-6632 Phone: 305-292-4476 Email: Kristi.Kerrigan(&,,FloridaDEP.gov Email: Roltsch-andrew(a,monroe-county-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions El Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements El Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑Attachment 7: Grant Award Terms(Federal)*copy available athtt2s://facts.fldfs,.com,in accordance with section 215.985,F.S. 0 Attachment 8: Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): El Exhibit A:Progress Report Form El Exhibit B: Property Reporting Form El Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo 0 Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 22CPR01 Rev. 1/31/2,.95$ ❑✓ Additional Exhibits(if necessary):Exhibit G:Photographer Release Form,ExhibitH:Contractual Services Certification;Exhibit Non Profit Organization Compensation Form 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a 1 : Federal Award Identification Numbers (FAIN): SLFRPO125 Unique Entity Identifier(UEl): QKLSCT2LM7M9 Federal Award Date to Department: 2/4/2022 Federal Award Project Description: Monroe County Coral Resilience Project Total Federal Funds Obligated by this Agreement: 2,500,000.00 Federal Awarding Agency: U.S. Department of Treasury Award R&D? ❑ Yes ON/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Monroe County Board of County Commissioners GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing 0 Additional signatures attached on separate page. DEP Agreement No. 22CPR01 Rev. 1/31/2,.959 ORCP Additional Signatures DEP Grant Manager, Kristi Kerrigan DEP QC Reviewer, Hanna Tillotson Grantee may add additional signatures below, if needed. MONROE COUNTY ATTORNEY Api'll �H)AS TO FOR &I UNVIQ"rj-E�� CHRISTYNE LINIBERT'BAMWS ASSISTANT COUNTY ATTORNEY DATE..........31 3124..................... 960 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of13 Rev.9/15/2023 961 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. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1%for each day the deadline is missed,unless an extension is approved in writing by the Department. 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 submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10)days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of13 Rev.9/15/2023 962 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myflorid icfo.corn/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pddf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee may request from the Department that all invoice payments (i.e., cost reimbursement)under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity"under subsection 288.0656(2),F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c),F.S.; iii. Grantee's performance has been verified by the Department,which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s),rule(s)and regulation(s)allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law,rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridajobs.or cormnunity-planmirng-and-development/rural-cormnunity-programs/rural-areas-of- op o�y. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a non-profit organization under section 215.97(2)(m),F.S.,Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1 3of13 Rev.9/15/2023 963 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website,if Contractor maintains a website. h. 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. i. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. 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: https://www.my floridacfo.corn/divisioli/aa/local-govermnents/iudgement-interest-rates. 1. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price Attachment 1 4of13 Rev.9/15/2023 964 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, 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 reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31.The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work 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. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1 5of13 Rev.9/15/2023 965 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30)days of the effective date of termination. The Department shall not pay any invoices received after thirty (30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1 6of13 Rev.9/15/2023 966 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; 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; 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; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; 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 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion, suspend any or all activities under the Agreement, at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty (30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 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, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole Attachment 1 7of13 Rev.9/15/2023 967 discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized 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 Enti. Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1 8of13 Rev.9/15/2023 968 not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. 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 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, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management 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. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA)-Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing 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 manufactured product has been established under applicable law or regulation; and Attachment 1 9of13 Rev.9/15/2023 969 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 tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,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. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act,including the following provision: a. Signage Requirements a.Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: 1-ittps://www.eDa.aov/iiivest/iiivesting-america-sign,i.ge. b.Procuring Signs: Consistent with section 6002 of RCRA,42 U.S.C. 6962,and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable.Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the official Investing in America emblem or EPA logo or seal)into the appropriate non-English language(s).The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in section 287.135,F.S.Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions,then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347,F.S.,except that pursuant to the requirements of section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with sections 11.062 and 216.347,F.S. 28. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during Attachment 1 10 of 13 Rev.9/15/2023 970 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 General Records Schedules maintained by the Florida Department of State(available at: http://dos.my florida.corn/library-archives/records-management/general-records-schedules. 29. Audits. a. Inspector General. The Grantee understands its duty,pursuant to section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1 11 of 13 Rev.9/15/2023 971 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 not apply to agreements where payments are made purely on a cost reimbursement basis. 30. 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. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may,for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both 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. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality,proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. Attachment 1 12 of 13 Rev.9/15/2023 972 37. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under 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. 38. 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 of any assignment,Grantee remains secondarily liable forperformance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 13 of 13 Rev.9/15/2023 973 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22CPR01 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. The Project funded under this Agreement is Monroe County Coral Resilience Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pa.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. For purposes of this Agreement,the Grantee will be considered the owner of any nonexpendable and/or nonconsumable personal property or equipment costing$5,000 or more purchased for the completion of the Project under a subcontract.Upon satisfactory completion of this Agreement,the Grantee will require its subcontractor to account for and report on all nonexpendable and/or nonconsumable personal property or equipment purchased under its subcontract in accordance with the Grantee's financial reporting and inventory control requirements.Based on the subcontractor report,the Grantee will submit Exhibit B,Property Reporting Form,to the Department with any applicable requests for reimbursement.Nonexpendable and/or nonconsumable personal property or equipment purchased for the Project by a subcontractor is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72 and/or Chapter 691-73,F.A.C.,as applicable,and should be capitalized,when appropriate,in accordance with GAAP and the Grantee's financial reporting requirements.The following terms shall apply: a. The Grantee and/or its subcontractor(s)shall have use of the nonexpendable and/or nonconsumable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. Attachment 2 1 of 3 Rev.8/8/2023 974 b. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the nonexpendable and/or nonconsumable personal property or equipment in good operating condition. c. The Grantee is responsible for any loss,damage,or theft of,and any loss,damage or injury caused by the use of,nonexpendable and/or nonconsumable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. d. The Grantee is responsible for keeping a current and accurate inventory of any nonexpendable and/or nonconsumable personal property or equipment in accordance with its financial reporting and inventory control requirements. The Department may request an annual copy of these inventory records for the life of the Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any 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. Attachment 2 2of3 Rev.8/8/2023 975 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or 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 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) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 3of3 Rev.8/8/2023 976 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22CPROI ATTACHMENT 3 I. PROJECT TITLE: Monroe County Coral Resilience Project IL PROJECT LOCATION(S): The Project will be located in the following locations: a. City of Layton within Monroe County—Lat/Long (24.825901, -80.814207) b. City of Summerland Key within Monroe County—Lat/Long (24.661389, -81.454444) c. Virginia Key within Miami-Dade County—Lat/Long (25.733870, -80.159474) III. PROJECT BACKGROUND: Florida's Coral Reef spans over 350 miles of continuous,diverse,coral reef ecosystems and is abeautiful,national treasure that supports an incredible amount of life in addition to providing jobs,protection, and enjoyment for millions of residents and visitors. In the summer of 2023,Florida's Coral Reef(FCR) experienced an extreme coral bleaching event,that resulted in significant mortality of several different coral species across FCR. In response, evacuation efforts and land-based holding of Endangered Species Act-listed species and stony coral tissue loss disease susceptible species proved to be necessary to preserve genetic diversity for future propagation efforts. This mass movement and temporary holding of corals from in-situ nurseries to ex-situ holding facilities identified a gap in existing infrastructure for emergency response,which slowed our ability to move and hold corals efficiently. Coral bleaching has been occurring more frequently over the past few decades, and some level of bleaching has occurred every year since 2011. In July 2023,NOAA recorded the highest South Florida sea temperatures (35°C/95°F) since in-water measurements started in 1981. In addition, FCR has seen outbreaks of disease,most notably the outbreak of stony coral tissue loss disease in 2014 which is now endemic to the entirety of the reef and affects over 23 different stony coral species.Understanding that major disturbance events such as bleaching or disease outbreaks will continue to happen,it is important to have precautions in place to facilitate a rapid response when necessary, including the development of and maintenance of holding facilities specifically designated for emergency response. IV. PROJECT DESCRIPTION: The Monroe County Board of County Commissioners (Grantee) will conduct the Monroe County Coral Resilience Project (Project). The overall goal of this Project is to provide infrastructure support for corals in the event that evacuation and holding is necessary. The Grantee will sub-contract Keys Marine Laboratory,Mote Marine Laboratory, and University of Miami to complete the work. This Project fulfills the emergency assistance request of the Florida's Coral Reef Resilience Program (FCRRP) and is consistent with State of Florida Restoration Priorities for Florida's Coral Reef. 2021- 2026 and Florida's Bleaching Response Plan. The outcomes of this Project will be incorporated into the disturbance response efforts which seeks to improve understanding about the scale and severity of the disturbance on Florida's Coral Reef, identify management actions to remediate impacts, restore affected resources, and ultimately propagate thermally and disease tolerant species. As such, collaboration amongst partners is encouraged when appropriate to avoid duplication of efforts and ensure alignment of needs. Coordination with other partners is recommended, as appropriate. DEP Agreement No. 22CPRO1, Attachment 3,Page 1 of 12 Rev. 12.1.2023 977 V. TASKS AND DELIVERABLES: Task 1: Infrastructure Expansion and Coral Holding at Keys Marine Laboratory Task 1 will add land-based capacity for coral (and other associated reef organisms) by providing life support for holding, propagation, and to facilitate a rapid emergency response. This work will be completed by the Keys Marine Laboratory (KML) under this Project and will include Project Management to design, plan, acquire permits as necessary, coordinate construction, and complete startup of the land-based DEP Coral Response Seawater System (Figure 1). u /'IYlA 6 wa ✓�U 4 `/�rr� F l r m„m y i Figure 1. Site map of Keys Marine Laboratory and location of proposed DEP seawater system. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of South Florida (USF) as host institution for Florida Institute of Oceanography (FIO) (also known as Keys Marine Laboratory) (Tasks 1.1). The Florida Keys are in an area of high hurricane activity.Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Task 1 will also provide support for the operation and maintenance of sixteen (16) 240-gal seawater tables within existing KML System for coral emergency response efforts and coral restoration activities for two years (Task 1.2). Tables within KML SW systems will be maintained and operated by KML and prioritized for use by the coral restoration community with advanced notice, approval, and scheduling. Coral restoration practitioners will follow the approval process to be determined by DEP. DEP will provide approval to KML for use of the sixteen (16) DEP-supported tables for coral response and restoration within 48-hours. DEP Agreement No. 22CPR01, Attachment 3, Page 2 of 12 Rev. 12.1.2023 978 Task 1.1: Infrastructure Construction, Equipment Installation, and Build-Out of New DEP Seawater System (Keys Marine Laboratory) Description The Grantee's subcontractor(KML)will act as Project Manager to oversee the planning, coordination, and construction of the expanded seawater system. Supplies, equipment, and other miscellaneous materials will be purchased in order to complete the expansion. All equipment, assets, supplies and other miscellaneous materials purchased for and used in the construction, installation or build-out of this system will be become the property of the University of South Florida(USF) as host institution for FIO. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation, retaining wall installation to stabilize tank farm and drain fields, any necessary concrete construction,gravel for final grading and finishing, and shade structure installation. All necessary construction permits will be acquired by KML. KML staff will install life support equipment,tanks,plumbing, and miscellaneous equipment. Seawater table capacity: Up to 5,700-gal temperature-controlled(up to 20 fiberglass tables, 240- gal or equivalent), 10gpm flow rates for system turnover every 4 hours or 6 times per day. Coral tank farm footprint:Figure 2.Two greenhouse shade structures with 80%shade cloth(total 2,800 sq ft„ 30' x 40' and 40' x 30'),raised perimeter retaining wall to stabilize gravel over drain fields, concrete pad to support two seawater reservoirs (1700-gal each), one heater/chiller unit(5- ton to maintain temperature-controlled seawater). Water source: Seawater will be supplied from an existing seawater well and treatment plant which has been in operation for more than ten years.Water quality has been monitored and tested regularly in accordance with Best Available Practices and Association of Zoos and Aquarium (AZA) recommendations. Upon completion of construction,water flow will be established and KML staff will work through the required testing and monitoring to ensure the system is fully functional,water flow can be maintained, and water conditions are suitable to support corals. The process of Commissioning the System will last a minimum of eight(8)weeks and is outlined below.Proper commissioning of the system is an absolute requirement to ensure functionality and suitable conditions can be maintained. Commissioning of the system (steps and data collection): 1. Daily water quality parameters will be monitored and collected with a YSI handheld sonde (minimum 3 weeks). This will include pH, salinity, 02, and temperature. 2. Weekly water quality parameters will be tested with aquaculture grade water quality testing kits (minimum 3 weeks). This will include ammonia,nitrite,nitrate,phosphates, copper. 3. Three (3) weeks after the system is operational, water samples will be collected at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab to test for VOCs,phosphates, sulfates, and total nitrogen. 4. Test live corals: Pending results of off-site water quality tests, live test corals will be held in the system for a minimum of two (2)weeks to ensure suitable water conditions have been met. Upon completion of construction,the system will have a unique designation agreed upon by all parties. The new system will include signage with logos including but not limited to DEP,FCR,Monroe County and KML logos.Design of signage will be completed by KML and submitted to all partners for review and approval prior to installation. DEP Agreement No. 22CPRO1, Attachment 3, Page 3 of 12 Rev. 12.1.2023 979 Although not funded under this agreement, the new system will be prioritized for emergency coral rescue efforts and coral restoration activities. If future support for operations and maintenance is provided by DEP, this system will be reserved for use by DEP. If funded by DEP, use of this system will be approved/authorized in writing by DEP to KML for coral response and restoration within 48- hours of use. Deliverables: The Grantee's subcontractor(KML)will submit: a) Milestone Timeline with estimated period of work for KML seawater system Project construction and completion. b) Seawater System schematic and map of design plan. c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly). d) Copies of all acquired permits for construction and buildout. e) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. f) Representative (5-10) photos of DEP SW system once construction is complete that shows the signage and logos detailed above. g) Social media post with 1-2 photos and 1-3 sentences highlighting the buildout/construction of the new system. Post should acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection and partnership with Monroe County. h) Water quality data during the commissioning of the SW system: i. Daily collection of pH, salinity, 02, and temperature (minimum of 3 weeks); ii. Weekly collection of ammonia,nitrite,nitrate,phosphates, and copper(min of 3 weeks); iii. One-time collection of water samples at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab for VOCs,phosphates, sulfates, and total nitrogen; and iv. Summary of observations and applicable in-tank water test results from the final two week 'water quality specimen holding test' which ensures water quality parameters remain consistent to reef quality and KML existing system parameters after the introduction of specimens. i) Coordinate final site visit with the DEP. j) Draft report language summarizing the Project completion and operation status and will include water quality results and outcomes of test corals. Note: draft report will be integrated into Final report as part of Task 1.2. Task 1.2: Operation and Maintenance of existing KML Seawater Systems for coral emergency response and coral restoration efforts for two years (total 16 tables) Description: The Grantee will provide funding to KML for the operation and maintenance of sixteen (16)240-gal tables within existing temperature-controlled KML seawater systems to ensure land-based capacity and availability to support coral emergency responses and coral restoration activities e.g.coral holding, propagation, and grow-out(two I-year periods). DEP will provide approval to KML for use of the 16 prioritized tables for coral response and restoration within 48-hours of need. Tables funded under this Project (16) will be reserved for DEP approved usage and costs for such operation will be billed regardless of the total number of tables used in any given month over the course of the Project period. Over-flow capacity for coral emergency response and restoration using other existing KML seawater systems will be billed at posted KML rates. DEP Agreement No. 22CPRO1, Attachment 3, Page 4 of 12 Rev. 12.1.2023 980 An onsite emergency backup generator, serviced and maintained by KML, will ensure life support is maintained to the KML seawater systems. The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Operations and maintenance of the systems will include KML staff support for daily and routine maintenance and administration, coral husbandry position for two years (50% effort), water quality monitoring and routine sampling, utilities costs to operate the system, purchasing any necessary equipment for replacements or repairs to ensure uninterrupted operations, purchase of supplies and consumables for cleaning and biosecurity,periodic veterinary inspections and services for coral health certifications, etc. Deliverables: The Grantee's subcontractor(KML)will submit: a) Daily work logs that document activities performed by support staff including routine maintenance (provided quarterly). b) Repair logs that document all repairs performed on the associated seawater systems and coral husbandry support(provided quarterly). c) Quarterly tracking and usage spreadsheet that documents the current operations of all DEP- supported seawater tables within KML seawater systems for the reporting period. Spreadsheet will include: I. Approved coral restoration entity and/or Principal Investigator ii. Number of tables and number of days used d) Quarterly water quality monitoring and sampling data(Excel spreadsheets): I. HOBO data logger — continuous water temperatures in representative seawater tables (note: HOBOS data downloaded at least monthly) ii. Daily Hand-held YSI data: water temp % DO, salinity ppt,pH iii. Water quality test results: VOCs, phosphates, sulfates, and total nitrogen (sampled quarterly or once within each reporting period) e) A final report summarizing the operation and maintenance of systems (Note: final report must comply with Section 508 of the U.S.Rehabilitation Act(as amended),Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection).Final report will include the "Draft report" content from Task 1.1. Task 2: Infrastructure Expansion and Emereency Coral Transport Capability at/via Mote Marine Laboratory(Mote) The Grantee's subcontractor, Mote Marine Laboratory(Mote)will perform infrastructure expansion at the Elizabeth Moore International Center for Coral Reef Research and Restoration (IC2R3) (address: 24244 Overseas Highway, Summerland Key, FL 33042), a fully equipped marine science facility dedicated to marine research and education in the Lower Florida Keys(about 24 miles from Key West). Currently, this facility includes: • Category 5 hurricane resistant concrete building with 19,000 square feet of research labs, education classrooms, offices, and dormitories, vehicles and vessels, W1F1, and convenient access to Lower Florida Keys coral reef sites. • Approximately 40 Scientific, Education, Administrative, Facilities, and Life Support staff supporting IC2R3 - as well as coral restoration nurseries in Islamorada and Key Largo —and education/outreach locations at the History and Discovery Center in Islamorada and NOAA EcoDiscovery Center in Key West. DEP Agreement No. 22CPR01, Attachment 3, Page 5 of 12 Rev. 12.1.2023 981 • Field support for visiting scientists (d�ils on visitor sj,:. p�jqt). ......... ............... ....................... • Indoor and outdoor seawater systems, environmental control rooms, raceways and experimental tanks for mesocosm-level studies, including research on ocean acidification and climate change impacts to reef organisms (d�.tils on wetlab re.se.arch sy, • Molecular equipment to process and prepare samples for generation sequencing, genomics, metagenomics and transcniptomics (detai..l....s.........on.............i....c.rob I gy and molect.dar..bi. lo.gy w-Y.l.a.........s) • Microbial supplies for molecular and culturable applications within the marine environment. • Carbonate chemistry laboratory for ocean acidification studies (details on IJ e n..I.i s�� dry ............. lab and Climate and Acidification Ocean Sinull.atoj). .................. ......................................................................................................................................................................................................... ..................................................... • Eco-friendly design with solar panels, rainwater capture system, and high-efficiency heating and cooling Q E E 1? G ol d c e.r.tJ(i e--4................. .................. ...................... The wide variety of research and education programs conducted at Mote's IC2R3 reflect the diversity of Mote's staff and experience. Current Mote programs with ongoing research at IC2R3 include: • Go ra I Reef Re s to. ..rafi oll Co • Coral If ealth & E)isease Research ............................................................................................................................................................................................................. • E�.Q!2 i C2.1.21"a • Marine & Il re sh water A.qLtacf,.dq.tre Research • 0 c e a il Acidification.i d i 6 c a ti o n. Re s e a rc 11. .. .. Scientists at IC2R3 study coral reef communities' response to climate change impacts such as rising ocean temperatures and ocean acidification; investigate major coral disease outbreaks and the overall microbiome of microscopic life forms that can help or harm coral reefs; optimize coral reef restoration efforts with grazers studies and research on threatened and vulnerable species; assess the genetic diversity of native coral species, including the potential for genotypes (genetic varieties) with natural resilience to stressors, and more. Task 2.1: Supply Acquisition and Build-Out for New Land-Based Raceways Description: The supplies and miscellaneous/other items requested for this emergency coral infrastructure expansion will complement all the above-mentioned coral research and restoration resources and scientific expertise at Mote by adding a 20-raceway coral matrix(approximately 3ft x 3ft x 8ft and 350 gallons each)on the Mote owned IC2R3 property on Summerland Key. This Project will increase coral disturbance holding capacity to maintain basic life support needs, including separate/independent pumps, plumbing, electrical, and alarms required for appropriate coral health to maintain water treatment, flow, filtration, chemistry, temperature, and structure/shade-cloth for managing varying light needs for corals requiring temporary storage during emergency scenarios, such as in-situ water temperature and chemistry stress events, bleaching, disease, and storms. Funding will be used to support the purchase of all supplies and miscellaneous/other needed for buildout. The installation and buildout will be completed by Mote staff(not funded under this agreement). Once raceways become operational,they will continue to be maintained by existing trained/experienced Mote staff. Raceways will be marked with DEP,FCR, and Mote logos and will be prioritized for emergency coral rescue efforts. The use of these systems must be approved/authorized in writing by DEP throughout the duration of this agreement and in coordination with the DEP after agreement termination. Deliverables: The Grantee will submit: DEP Agreement No. 22CPRO 1, Attachment 3, Page 6 of 12 Rev. 12.1.2023 982 a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in construction. b) Photos of area at IC2R3 before buildout of the 20-raceway matrix and associated life support systems. c) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. d) Photos of area at IC2R3 after buildout that show all 20-raceways and associated life support systems.Photos should show the DEP, FCR, and Mote logos being displayed on the new systems. e) Coordinate final site visit with DEP. f) Press Releases and/or Social Media posts after construction completion the 20-raceway matrix that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 2.2: Mobile"Live Hauler"Equipment Purchase and Build-Out Description: An approximately 1,200-gallon, 30 ft "live hauler" trailer will be purchased with independent mobile ability, towed via an existing Mote pickup truck 5'-wheel, with full coral life support systems (condensed mobile version to raceway matrix above —i.e. generator power, mobile filtration and heat pump, and divided spaces for biosecurity). This "live hauler" trailer will be used to transport corals from all restoration partners across the Florida Keys or to the mainland as needed for emergency safe storage or restoration purposes. This equipment purchase will become the property of the Grantee's subcontractor, Mote Marine Laboratory. Additional supplies/equipment needed for the build-out and outfitting of the "live hauler" trailer will not be funded under this agreement. The initial fabrication of the trailer will be done by Oceans Design and any final installation and buildout will be completed by Mote staff (not funded under this agreement). Additionally,the "live hauler"will also be marked with DEP, FCR and Mote logos on the exterior(unless otherwise noted by DEP) and will be prioritized for emergency coral rescue. Deliverables: The Grantee will submit: a) Purchase of the equipment ("live hauler" trailer) as evidenced by: Purchase order(s), vendor invoice(s), and pictures of equipment purchased. Completed Property Reporting Form, DEP 55- 211 (Exhibit B)with invoice copy. b) Photos of"live hauler". c) Press Releases and/or Social Media posts after construction completion the "live-hauler" that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3: Infrastructure expansion at the University of Miami Task 3 will expand land-based infrastructure at the University of Miami's (UM) facilities on Virginia Key for the purpose of holding/propagating future rescue corals in anticipation of the need for rapid disturbance response. UM will design, build, and commission the systems, and then use them to maintain and propagate rescued corals as needed. When not in use for rescue corals, UM will utilize these tanks for routine (non-emergency) propagation pipelines with the understanding that they must be available for rescue corals at short notice, as needed. In these situations, the use of these tanks will be approved/authorized in writing by DEP throughout the duration of the Project. UM will construct a new—2,500 sq. ft. shade house to accommodate this expansion. The shade house DEP Agreement No. 22CPRO1, Attachment 3, Page 7 of 12 Rev. 12.1.2023 983 will be installed on an elevated gravel bed with retaining walls and buried plumbing and electrical supply. The shade house is a curved-roof construction(bow house) consisting of 50% shade-cloth and a poly liner to shield from rain. The facility will comprise thirty(30)recirculating aquaculture systems (RAS) in six (6) independent arrays of five tanks (30 tanks total). Initially, fifteen (15) propagation tanks will be built out in an existing expansion area and fifteen(15)propagation tanks in the new shade house. However, as the facility continues to expand, we will eventually consolidate all thirty disturbance response tanks into the new shade house that will be dedicated for this use. Each 115-gal tank is approx. 8'x3'xl' in dimensions,with a growable area of—25 sq. ft. (750 sq.ft.in total). Each 5-tank array is connected to a 185-gallon sump connected to a 3 hp heater/chiller unit, and each sump incorporates an internal protein skimmer. Pumps continually circulate water through each 5-tank array and temperatures are maintained to within loF.Volume of each 5-tank system totals—760 gallons,including plumbing, tanks, and sump. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Seawater will be replaced in each system on a weekly basis (-200 gal/week per 5-tank array, approx. 20%). Seawater is sourced locally from Bear Cut, passes through settlement tanks, sand filters, and a UV sterilizer and will be ozonated and degassed prior to being used as replacement water in coral tanks. The recirculation loop on each 5-tank system will also include an in-line UV unit to ensure continued sterilization on an ongoing basis. Task 3.1: Purchase and Install First 15 Tanks and Associated Life Support Description: Three arrays of 5 tanks each(15 tanks total)will be installed in an expansion area in our existing shade house. Installation and buildout will be completed by UM staff, assisted by the same sub-contractor (Full Spectrum Aquaculture) who installed the existing tank arrays in the shade house. Once construction is completed, tanks are allowed to condition for two weeks to allow residues/PVC glues to dissipate, and to test temperature control and water quality. After this period, corals are introduced to the tanks, where they will be maintained by UM staff. Raceways will be marked with DEP,FCR, and UM logos(at minimum) and will be prioritized for emergency coral rescue efforts.The use of these systems for non-emergency use must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in the buildout(provided quarterly). b) Quarterly Project Management Report documenting the progress of installation and milestones completed to date.Report shall include 1-3 photos documenting the progress of installation.Report may be provided as part of the Exhibit A Progress Report. c) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems and signage/logos detailed above. d) Social Media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.2: Site Preparation, Construction of Shade house, and Installation of Second 15 Tanks and Associated Life Support Description:UM will undertake site preparations and installation of anew shade house at an expansion site adjacent to UM/Experimental Hatchery.This shade house will accommodate the second set of three DEP Agreement No. 22CPR01, Attachment 3, Page 8 of 12 Rev. 12.1.2023 984 5-tank arrays. Site preparation, electrical/plumbing hookups, and shade house installation will all be undertaken by contractors/suppliers/vendors.Installation and buildout of tanks and life support will be completed by UM staff assisted by the same contractor(Full Spectrum Aquaculture) who installed all existing tank arrays. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Once raceways become operational, they will be maintained by UM staff. Raceways will be marked with DEP, FCR, and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts.The use of these systems must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) Map of site and planned construction area/designs. b) Copies of any permits for construction and buildout,if any required c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly) d) Quarterly Project Management Report documenting the progress of construction and milestones completed to date including site prep, plumbing, system buildout, shade house construction, and electrical. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. e) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems including signage/logos detailed above. f) Social media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.3: System Operations and Maintenance Description: UM will incorporate the newly constructed DEP Coral Response Seawater Systems into the operations and maintenance of its existing coral facility to ensure life support for corals and associated organisms. Current protocols at the University of Miami's facility include the following: Husbandry Protocols • Husbandry lists are completed daily with such activities as feeding, health examinations, water parameter monitoring, equipment checks, maintenance, isolation and treatment of new arrivals as well as various other essential tasks logged in a database. Open-up, daily and close-up activities are conducted, logged, and initialed to establish a record and degree of accountability. • All equipment is inspected upon arrival, and when leaving the facility at the end of the day. All aquarium systems are monitored 24/7/365 via temperature sensors. Should the temperature rise or fall outside of the designated range for that system, alerts are sent out via email and text message to a list of accountable staff members responsible for responding to, assessing, and addressing the alerts accordingly. • Aquariums and raceways are cleaned on a weekly basis.Native invertebrates such as snails,hermit crabs, and sea urchins are also used to aid in the reduction of nuisance algae growth. The platforms and plugs/tiles that coral fragments and colonies are held on are cleaned twice weekly to remove algae, filter feeding pests, and other items that accrue over time. Routine Health Assessment • A census of the different coral size classes is conducted daily, with any additional asexual fragmentation conducted and added to a running inventory list. A full inventory log is conducted quarterly to confirm these quantities. DEP Agreement No. 22CPRO1, Attachment 3, Page 9 of 12 Rev. 12.1.2023 985 • Coral condition is monitored routinely, with practitioners performing health checks as part of the daily husbandry list. Observations include coral coloration, polyp extension (or lack of), new growth, signs of stress, and other factors. This assessment typically occurs multiple times per day by multiple staff members to ensure that all corals are inspected by multiple observers. • In cases of mortality, a loss of life analysis is conducted. This analysis consists of a full examination of the conditions surrounding the mortality. Factors of note include: observing corals sharing the same aquarium/water system, checking husbandry logs for irregularities, testing of water parameters for anything outside of acceptable range, etc.Any mortality is logged to identify any patterns of loss and update inventory,recording the species,genotype,and tank in which it was being held, as well as any supplemental information available for that individual. Water Quality Analyses • Daily: - Alkalinity, salinity, and temperature are monitored daily for each aquarium system. Salinity and temperature are measured using electronic HANNA probes that are calibrated monthly. Alkalinity is recorded via Red Sea alkalinity test kits. Target ranges for these parameters are as follows: Alkalinity 7-9 dKH, Temperature 74-85OF(adjusted seasonally), Salinity 1.024-1.027 relative specific gravity (32-36 ppt). - Oxidation-reduction potential(ORP)of ozonated supply water is observed at the start and end of day. The ozonation filtration system is equipped with automatic shutoff measures to safeguard against the dangers of straying above or below the required levels. After ozonation, incoming seawater passes through a carbon filter, and UV sterilizer to further ensure removal of any potentially hazardous ozone remaining in the water. Target range for ORP is 350-375 mV. • Weekly: - Ammonia,nitrite,nitrate,pH,phosphate,magnesium,calcium,and alkalinity are measured and recorded weekly for each system. Aquarium-grade kits are currently used for the testing of these parameters (API Saltwater Master Test Kit, Red Sea Foundation Pro Test Kit, HANNA Digital Phosphate Colorimeter). The equipment for this water quality monitoring is scheduled to be upgraded to spectrophotometric water sampling device to be kept on-site. - Target ranges for these parameters are as follows: Ammonia < 0.1 ppm, Nitrite < 0.1 ppm, Nitrate 0-5 ppm,pH 8.0-8.4, Phosphate<0.I ppm (ideal range 0-0.03 ppm), Calcium 400-450 ppm,Magnesium 1200-1400 ppm, Alkalinity 7-9 dKH. • Monthly: - Water samples taken from each aquarium system are mailed out to an independent, off-site water quality laboratory (ICP Analysis). Reports consisting of the quantitative analysis of 56 different elements are received and compiled for detailed analysis of all aspects of mineral water quality. Incoming seawater and aquarium water are also routinely transported to an adjacent laboratory at the University of Miami's marine campus for analysis of bacterial content. We primarily monitor these minor parameters to assess changes in our incoming seawater supply that might affect or explain variation in the weekly parameters listed above. For this reason, we do not generally have a target range for these additional monthly parameters. Propagation and Transfer DEP Agreement No. 22CPR01, Attachment 3,Page 10 of 12 Rev. 12.1.2023 986 • Microfragmentation occurs when parent colonies and existing fragments have overgrown their substrate. Parental/genotype information is recorded on the plug of each fragment. Approximately 50-100 new fragments are produced weekly for research or outplanting purposes. • All transfer events are communicated between participating organizations with advanced planning and coordination with a licensed veterinary technician. Any corals arriving/departing from/to other coral facilities must have an inspection prior to transport. Proper documentation consisting of species, genotype, quantity, original collection point, and destination information is provided by/to the transferring and receiving facilities. • Any corals leaving the facility to be outplanted on nurseries or reefs require an additional veterinary inspection if they have been held on site for more than 30 days before they are permitted to leave the facility. Deliverables: The Grantee will submit: a) Spreadsheet containing daily, weekly, and monthly water quality data, as described above under "Water Quality Analyses" (provided quarterly). b) Spreadsheet documenting "routine health assessments", as described above (provided quarterly) c) Representative images (5-10) of the raceways/tanks in use. Images should clearly show the tanks are labelled/marked with the DEP logo (provided quarterly). d) Current inventory cataloguing corals/fragments currently in holding and which tank/system they are being held in(excel spreadsheet) (provided quarterly). e) Coordinate final site visit with the Department. f) A final report summarizing the Project completion and operation status will include water quality results (Note: final report must comply with Section 508 of the U.S. Rehabilitation Act (as amended), Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection). Final report will also include a summary from Task 3.1 and 3.2. VL PERFORMANCE MEAUSURES: The Grantee will submit all deliverables electronically for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline below. The Department's Grant Manager will review the task deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty(30) calendar days.Tasks may include multiple deliverables to be completed.The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single sub-task, where such subcomponent(s) are delivered to the Department at one hundred percent(100%) completion.A "full deliverable"is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single sub-task, all delivered to the Department at one hundred percent(100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent(100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single sub-task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided in writing. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. VIL CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding DEP Agreement No. 22CPRO1, Attachment 3,Page 11 of 12 Rev. 12.1.2023 987 Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed. If the Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. VIIL PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager,the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter;the approved Exhibit A,Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A,Progress Report Forms,have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. IX. STATUS REPORTS: Quarterly status reports are due no later than forty-five (45) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30, and December 31. The final quarterly status report is due no later than August 15, 2026. X. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the PrQI ect Timeline.Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Task Start Task Due No. Task Title Budget Category DEP Amount Date Date Infrastructure Construction,Equipment Contractual Upon 1.1 Installation,and Build-Out of New DEP Services $559,283 Execution 12/31/2025 Seawater System Operation and Maintenance of existing Contractual Upon 1.2 KML-NSF System for coral emergency Services $430,717 Execution 6/30/2026 response efforts for two years Supply Acquisition and Build-Out for Contractual Upon 2.1 New Land-Based Raceways Services $357,000 Execution 6/30/2025 2.2 Mobile"Live Hauler"Equipment Contractual $165,000 Upon 6/30/2025 Purchase and Build-Out Services Execution 3.1 Purchase and Install First 15 Tanks and Contractual $206,295 Upon 12/31/2024 Associated Life Support Services Execution Site Preparation,Construction of Shade Contractual 3.2 house,and Installation of Second 15 Tanks Services $392,119 8/1/2024 7/31/2025 and Associated Life Support 3.3 System Operations&Maintenance Contractual $389,518 1/l/2025 6/30/2026 Services Total: Fs2,499,932 DEP Agreement No. 22CPRO1, Attachment 3, Page 12 of 12 Rev. 12.1.2023 988 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 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term"contract"means the "Agreement." If Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook,Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: t) blic.serviccs(&,f oridadct),ov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev.4/27/201 S 989 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART L• FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at http is//sam.aov/content/assistance-listing. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 990 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at https://api2s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htti)://wwwleg.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/aud en/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 11/8/2022 991 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 be found at http://harvester.census.Gov/f icweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAudit(a),dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(http://flauditor.�4ov/ provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAuditLiAeg.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 11/8/2022 992 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS-DEP 55-215 revised 11/8/2022 993 � � � \ � � ) } m } \ \ \ \ \ \ � � ) \ / , \ \ \ \ Q \ \ \ \ \ t a - c / \ o § 2 6 ) } cn 2 2 \ 2 2 pro , aka ` � - y E � \ � � #4 \ \ � &■ � , � &a � &■ \ \ \ \ « { : LO � ?.� O •� ecS .� U Qj v •� Qj N Qj tj y o U v Qj tj 0 0 o U ci E0 E0 Z p a� bp � W N z p H N r+ � o c cl� W Qj o o aq ° cn — .c QJ ,� an CIA r Q Q o ° w rig N U S� N S� � N � •� cC .� •� .� U U N b a O N U N U Qj Qj bp U Qj bp bp Qj bp o S S CZ to to � s a w w � •� � � � o 0 0 � � � �' UU o _ aq an o ® � ° OQj Qj a� QJ QJ ;mod Qj un o o o ° � � wg ATTACHMENT 8 Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF)Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions,where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term"Recipient"shall mean"Grantee." Further,the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors, and to comply with the provisions of the award,the SURF implementing regulation,including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions.Therefore,Grantees must include these requirements in all related subcontracts and/or sub- awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies The following provision is required if the Agreement is for more than$150,000.In addition to any of the remedies described elsewhere in the Agreement,if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules,or regulations,applicable to this Contract,the Non- Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above,do notpreclude the Recipient from being subj ect to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunely Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race,color,religion, sex, sexual orientation,gender identity,or national origin. Such action shall include,but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Attachment 8 1 of 6 Rev. 11/15/2022 996 essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24,1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of$100,000 and involves the employment of mechanics or laborers,the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 6. Clean air Act(42 U.S. C. 7401-7671q.),the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387),and EPA Regulations If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Attachment 8 2of6 Rev. 11/15/2022 997 Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding$100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL,available at: ho12s://app1 rg arnts"°ov/applp/forms/sample/SFLLL ll 2 P-Vll2.pdf. i. Grantees who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352.Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier,up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain;or enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as partof any system. See Section 889 of Public Law 115-232(National Defense Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must,to the greatest extent practical,give preference to the purchase, acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 etseq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect;or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). Attachment 8 3of6 Rev. 11/15/2022 998 A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. C. The Recipient shall insert this clause,including this paragraph C,in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause,including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination(2 CFR§ 200.340) In accordance with 2 CFR § 200.340,in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS).The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR§ 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended(2 U.S.C. §1601 et seq.),prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant(and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225 (Oct. 6,2009),Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acguisitions Act of 1970 Where applicable,42 U.S.C. §§4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl, 2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. The FFATA legislation requires that information on federal awards(federal financial assistance and expenditures)be made available to the public via a single,searchable website,which is www.USASpending.gov. Attachment 8 4of6 Rev. 11/15/2022 999 The Grantee agrees to provide the information necessary,within one(1)month of execution,for the Department to comply with this requirement. DEPARTMENT OF TREASURY-SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race,color,national origin,(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations,31 CFR 28; Age Discrimination Act of 1975,Public Law 94-135,42 U.S.C. 6101 et seq., and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964,as applicable,on an annual basis.This information may include a narrative descripting the recipient's compliance with Title VI,along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance All funds from SLFRF must be obligated by December 31,2024 and expended by December 31,2026. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects,the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date(month/year) ii. Projected/actual initiation of operation date(month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER$10 MILLION For infrastructure projects over$10 million,the following provisions apply: 1. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing,as determined by the U.S. Secretary of Labor in accordance with the Davis-Bacon Act,for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed.If the Grantee does not provide such certification,the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub-contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification; and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with the section 8(f)of the National Labor Relations Act(29 U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project Attachment 8 5of6 Rev. 11/15/2022 1000 workforce continuity plan,detailing: i. How the Grantee will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses,injuries,and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market; and V. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement,with a description of any such agreement,if applicable. SLFRF WATER&SEWER PROJECTS For water and sewer projects,Grantees shall provide the following information to the Department once the project starts,as appliable: i. National Pollutant Discharge Elimination System(NPDES)Permit Number, for projects aligned with the Clean Water State Revolving Fund ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State Revolving Fund. Attachment 8 6of6 Rev. 11/15/2022 1001 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A— Progress Report and Deliverable Submission Form DEP Agreement No.: 22CPR01 Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Grantee Grant Manager Name: Andrew Roltsch DEP Grant Manager-Name: Kristi Kerrigan Reporting Period: Provide the followine information for all tasks identified in Attachment 3 Grant Work Plan: Summarize the work completed within each task for the reporting period.Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered.Add or remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering f om Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering fi^om Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided Exhibit A,Page 1 of 2 Rev.2/29/2024 1002 previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager(Original Ink or Adobe Date Certified Signature) For DEP Internal Use Only This report and the specific deliverables described in this Progress Report and Deliverable Submission Form demonstrate that the work under the tasks outlined in this form was satisfactorily performed and are hereby approved in accordance with the reporting requirements of the above DEP Agreement number. Signature of DEP Grant Manager or Designee (Original Ink or Date Adobe Certified Signature) Exhibit A,Page 2 of 2 Rev.2/29/2024 1003 le 0 0 T a) � w CL O Q O E a O aw O u V L = N H al C p G O H v c > O O l 0 U C a O 0 � O CL O O V O " V 'O N 0 � •W f0 � O G ?C V 1af111i a) U Q � Eo +7 O ^ u c Q Y O al a) p J 1 nmM E O. O w p to W 1U6�M M 6 p a o " 0 CL s w E o �' 16M" M Q ` w `w O a) LN Q w o w p c 16MM w v Y m O o LL 0 n a r- I Q -L vOi 0 L '6 J i 3 t +" W wc7 16M M as a 3 m tm +� a u a c Q N j a C O 3 v O Q u x a v o 16N, om c mm O 0 u u N o O m c ao C Q LL al O O 0 + + w N o O pp= a) E �n C O hp a) 'E �n � v j 0 O o U — 0 O O C i = O w O 3 E w a' o s m v m En E + a 0 w 0 .0 ° 0 E a E m ° O a w a' U NbD � \ uN 2 m Q a) O CL ci O al N cN m Y Ip Z Z '6 V C tN E '° o � � (a O C O T {n m T Q Q C Y p w E 0 cLn w 7 p O Q p O C of w 0 a) CJ w j O N (7 O ,� O C O Q m O :+� , Z ns O 0 C Q v j o a 0 w f0 � Z 'O � � � � N O d' W al w (, c-I Ol (,� - = p 0 0 o 0 0 0 0 0 0 0 0 W > � a H w o � z ] F F o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o vi z Qua F Z F v o 0 0 0 0 0 0 0 0 z d' i �, s vi vi vi vi vi vi vi vi vi z ;� o � yF" O � W obi •7 h y v ��//„� F A W y W w vi vi vi vi vi vi vi vi vi z ' z � A � o0000000 0 0 iy, F F � F w W � a a o 0 0 0 0 0 0 0 0 Q o 0 0 0 0 0 0 0 0 d H o0000000 0 Qo a � w A H Q W O w PT. P-i m 0.a F � yy � � � o •� O � 0 0 _ \ \ \ ` ( ( w / ? q ` k / z § 2 ® ( u \ \ \ \ \ \ \ \ \ \ \ \ \ EXHIBIT C PART 1 - GRANTEE CERTIFICATION I , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) , do hereby certify for (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. that: 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature Print Name Print Name Date Date 1007 co � }\ � q ) � \ \ kjj SEE \ \ ) / \� � / 40. Florida Department of Environmental Protection 4® EXHIBIT G PHOTOGRAPHER RELEASE FORM 'A'p�® FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO:22CPR01 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: ( ) Email: License and Indemnification I certify that I 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. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-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 Environmental Protection.Uses may include,but are not limited to: 1. Promotion of FDEP (including,but limited to publications,websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental 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 I may hold in such Work,and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release,hold harmless and indemnify the Florida Department of Environmental 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. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G,DEP Agreement#:22CPR01 11/19/2021 Page 1 of 1 1009 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22CPRO I Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Subcontractor: Note:Submit separate Exhibit H Certification for each additional subcontractor. Prior to making a request for payment of contractual services, the Grantee must provide the 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 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; 4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant manager. 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 certify that the procurement process the Grantee utilized follows all of said Grantee's non- Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Rev.1.4.2024 1010 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. Monroe County Board of County Commissioners is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 1011 Total Compensation Paid to Non-Profit Personnel Using State Funds Name: Title: 22CPR01 Agency Agreement/Contract# Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In-Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date: 1012 FDP Cost Reimbursement Subaward Federal Awarding Agency: I Other[Type in Agency] Pass-Through Entity (PTE): Subrecipient: Monroe County Board of County Commissioners [University of South Florida Board of Trustees PTE PI: Sub PI: Cynthia Lewis PTE Federal Award No:I SLFRP0125 Subaward No: Project Title:1 Infrastructure Construction, Equipment Installation, and Build-Out of New DEP Seawater System at KML Subaward Budget Period: Amount Funded This Action (USD): $ 345,899.00 Start: 07/01/2024 End: 06/30/2025 Estimated Period of Performance: Incrementally Estimated Total(USD): $ 559,283.00 Start: 07/01/2024 End: 06/30/2026 Terms and Conditions 1. PTE hereby awards a cost reimbursable subaward, (as determined by 2 CFR 200.331), to Subrecipient. The Statement of Work and budget for this Subaward are as shown in Attachment 5. In its performance of Subaward work, Subrecipient shall be an independent entity and not an employee or agent of PTE. 2. Subrecipient shall submit invoices not more often than monthly and not less frequently than quarterly for allowable costs incurred. Upon the receipt of proper invoices, the PTE agrees to process payments in accordance with this Subaward and 2 CFR 200.305. All invoices shall be submitted using Subrecipient's standard invoice, but at a minimum shall include current and cumulative costs(including cost sharing), breakdown by major cost category, Subaward number, and certification, as required in 2 CFR 200.415(a). Invoices that do not reference PTE Subaward number shall be returned to Subreci lent. Invoices and questions concerning invoice receipt or payments shall be directed to the party's Administrative Contact, shown in Attachment 3A. 3. A final statement of cumulative costs incurred, including cost sharing, marked"FINAL" must be submitted to PTE's Administrative Contact, as shown in Attachment 3A, not later than 60 days afterl the final Budget Period end date. The final statement of costs shall constitute Subrecipient's final financial report. 4. All payments shall be considered provisional and are subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. 5. Matters concerning the technical performance of this Subaward shall be directed to the appropriate party's Principal Investigator as shown in Attachments 3A and 3B. Technical reports are required as shown in Attachment 4. 6. Matters concerning the request or negotiation of any changes in the terms conditions or amounts cited in this Subaward, and any changes requirino Enor approval, shall be directed to the PTE's FAuthorized Official Contact and the Subrecipient's Authorized Official I Contact shown in Attachments 3A and 3B.Any such change made to this Subaward requires the written approval of each party's Authorized Official as shown in Attachments 3A and 3B. 7. The PTE may issue non-substantive changes to the Budget Period(s)and Budget I Unilaterally Unilateral modification shall be considered valid 14 days after receipt unless otherwise indicated by Subrecipient when sent to Subrecipient's I Authorized Official Contact, as shown in Attachment 3B. 8. Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees, officers, or directors, to the extent allowed by law. 9. Either party may terminate this Subaward with 30 days written notice. Notwithstanding, if the Awarding Agency terminates the Federal Award PTE will terminate in accordance with Awarding Agency requirements. PTE notice shall be directed to the Authorized Official lContact, and Subrecipient notice shall be directed to the I Authorized Official Contact as shown in Attachments 3A and 3B. PTE shall pay Subrecipient for termination costs as allowable under Uniform Guidance, 2 CFR 200, or 45 CFR Part 75 Appendix IX, as applicable 10. By signing this Subaward, including the attachments hereto which are hereby incorporated by reference, Subrecipient certifies that it will perform the Statement of Work in accordance with the terms and conditions of this Subaward and the applicable terms of the Federal Award, including the appropriate Research Terms and Conditions("RTCs")of the Federal Awarding Agency, as referenced in Attachment 2. The parties further agree that they intend this subaward to comply with all applicable laws, regulations, and requirements. By an Authorized Official of the PTE: By an Authorized Official of the Subrecipient: Name: Date Name: Stephanie Rios Date Title: Title: Director of Sponsored Research 1013 FDP DEC L Subaward Number: Attachment 1 Certifications and Assurances Certification Regarding Lobbying (2 CFR 200.450) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement in accordance with 2 CFR 200.450. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"to the PTE. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Debarment, Suspension,and Other Responsibility Matters (2 CFR 200.214 and 2 CFR 180) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief that neither the Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR 200.213 and 2 CFR 180. Audit and Access to Records Subrecipient certifies that it will provide PTE with notice of any adverse findings which impact this Subaward. Subrecipient certifies compliance with applicable provisions of 2 CFR 200.501-200.521. If Subrecipient is not required to have a Single Audit as defined by 200.501, Awarding Agency requirements, or the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and will provide access to such audits upon request. Subrecipient will provide access to records as required by parts 2 CFR 200.337 and 200.338 as applicable. Program for Enhancement of Contractor Employee Protections (41 U.S.0 4712) Subrecipient is hereby notified that they are required to: inform their employees working on any federal award that they are subject to the whistleblower rights and remedies of the program; inform their employees in writing of employee whistleblower protections under 41 U.S.0 §4712 in the predominant native language of the workforce; and include such requirements in any agreement made with a subcontractor or subgrantee. The Subrecipient shall require that the language of the certifications above in this Attachment 1 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Use of Name Neither party shall use the other party's name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this Subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described. Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment Pursuant to 2 CFR 200.216, Subrecipient will not obligate or expend funds received under this Subaward to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or(3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services (as described in Public Law 115-232, section 889) as a substantial or essential component of any system, or as a critical technology as part of any system. 1014 Indemnification. To the extent provided by law, the [Subrecipient Entity/USF]shall indemnify, defend, and hold harmless the Monroe County and the State of Florida, Department of Environmental Protection, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s)of[ENTITY/USF], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [Subrecipient ENTITY/USF] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [Subrecipient ENTITY/USF]to indemnify Monroe County for the negligent acts or omissions of Monroe County, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by[Subrecipient ENTITY/USF]to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement. The Subrecipient shall comply with the indemnification provisions under the DEP Grant Agreement, as set forth in Paragraph 18, Indemnification. Insurance Requirements. The Subrecipient Entity/USF shall comply with the insurance requirements as set forth in Attachment 2 (Paragraph 8. Insurance.)to the Grant Agreement. The Department and Monroe County shall be named as additional insured on the Certificate of Insurance. MAINTENANCE OF RECORDS Subrecipient Entity/USF shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR§200.333,whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to subrecipient Entity/USF pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the subrecipient Entity/USF, the subrecipient Entity/USF shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. The Subrecipient Entity/USF shall comply with provisions and may be required to submit forms and documentation as required and as outlined in the Grant Agreement and Attachments including but not limited to the provisions as set forth in Attachment 4-Public Records Requirements, Paragraph 22. Statutory Notices Relating to Unauthorized Employment and subcontract, and as set forth below: 1. Public Entity Crime Provisions 2. Discriminatory Vendors Provisions 3. Antitrust Violator Vendors Provisions 4. Scrutinized Companies Provisions A. For Contracts of any amount, if the County determines that the Subrecipient Entity/USF has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Subrecipient Entity/USF written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes,or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. B. For Contracts of $1,000,000 or more, if the County determines that the Subrecipient Entity/USF submitted a false certification under Section 287.135(5), Florida Statutes,or if the Subrecipient Entity/USF has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1)terminating the Agreement after it has given the Subrecipient Entity/USF written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes,or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. E-Verify System- Beginning January 1, 2021, in accordance with F.S. 448.095, the Subrecipient Entity and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 Ethics Clause. In accordance with Section 5 (b)Monroe County Ordinance No. 010-1990 the following ethics clause; Subrecipient Entity warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the 1015 prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 1016 Attachment 2 Subaward Number Federal Award Terms and Conditions Required Data Elements Awarding Agency Institute (If Applicable) The data elements required b Uniform U.S. Department of Treasury Guidance are incorporated I in the attached Federal Award. Federal Award Issue Date FAIN Assistance Listing No. 02/04/22 ISLFRP0125 This Subaward Is: Assistance Listing Program Title (ALPT) Research & Development ®■ Subject to FFATA Key Personnel Per NOA General Terms and Conditions By signing this Subaward, Subrecipient agrees to the following: 1. To abide by the conditions on activities and restrictions on expenditure of federal funds in appropriations acts that are applicable to this Subaward to the extent those restrictions are pertinent. This includes any recent legislation noted on the Federal Awarding Agency's website: 2. 2 CFR 200 3. The Federal Awarding Agency's grants policy guidance, including addenda in effect as of the beginning date of the period of performance or as amended found at: 4. Research Terms and Conditions, including any Federal Awarding Agency's Specific Requirements found at: except for the following a. No-cost extensions require the written approval of the PTE. Any requests for a no-cost extension shall be directed to the Authorized Official Contact shown in Attachment 3A, not less than 30 days prior to the desired effective date of the requested change. b. Any payment mechanisms and financial reporting requirements described in the applicable Federal Awarding Agency Terms and Conditions and Agency-Specific Requirements are replaced with Terms and Conditions(1)through (4)of this Subaward; and c. Any prior approvals are to be sought from the PTE and not the Federal Awarding Agency. d. Title to equipment as defined in 2 CFR 200.1 that is purchased or fabricated with research funds or Subrecipient cost sharing funds, as direct costs of the project or program, shall vest in the Subrecipient subject to the conditions specified in 2 CFR 200.313. e. Prior approval must be sought for a change in Subrecipient PI or change in Key Personnel(defined as listed on the NOA). 5.Treatment of program income: Additive Special Terms and Conditions: Data Sharing and Access: Subrecipient agrees to comply with the Federal Awarding Agency's data sharing and/or access requirements as reflected in the NOA or the Federal Awarding Agency's standard terms and conditions as referenced in General Terms and Conditions 1-4 above. No additional requirements Data Rights: Subrecipient grants to PTE the right to use data created in the performance of this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Copyrights: Subrecipient Grants to PTE an irrevocable, royalty-free, non-transferable, non-exclusive right and license to use, reproduce, mace derivative works, display, and perform publicly any copyrights or copyrighted material(including any computer software and its documentation and/or databases)first developed and delivered under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Subrecipient grants to PTE the right to use any written progress reports and deliverables created under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its Federal Award. Promoting Objectivity in Research (COI): Subrecipient must designate herein which entity's Financial Conflicts of Interest policy(COI)will apply: I Subrecipient If applying its own COI policy, by execution of this Subaward Subreci lent certifies that its Rolicy com lies with the requirements of the relevant Federal Awarding Agency as identified herein: Subrecipient shall report any financial conflict of interest to PTE's Administrative Representative or COI contact, as designated on Attachment 3A. Any financial conflicts of interest identified shall, when applicable, subsequently be reported to Federal Awarding Agency. Such report shall be made before expenditure of funds authorized in this Subaward and within 45 days of any subsequently identified COI. 1017 The SUBRECIPIENT ENTITY/USF and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation,which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above$2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor,within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable,which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation,liability for unpaid wages,liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. §5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. §5.5 (b)(1), in the sum of 1018 $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. §5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. §5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. §5.5 (b)(1)through (4)and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. §5.5 (1)through (4). Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. Clean Air Act(42 U.S.C.7401-7671g.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387). Subrecipient Entity/USF agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q)and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387)and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended— applies to Contracts and subgrants of amounts in excess of$150,000. The Subrecipient Entity/USF agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Subrecipient Entity/USF agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension"and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory www.s n . authority other than Executive Order exclusions can a accessedrnn gc2v. Subrecipient Entity/USF is at............... required to verify that none of the contractor's principals(defined at 2 C.F.R. §180.935)or its affiliates (defined at 2 C.F.R. §180.905)are excluded (defined at 2 C.F.R. §180.940)or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment(31 U.S.C.&1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds$100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) Compliance with Procurement of recovered materials as set forth in 2 CFR§200.323. SUBRECIPIENT ENTITY/USF must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, 1019 where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000-1 procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3.At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR 4 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Domestic preference for procurements as set forth in 2 CFR§200.322 The COUNTY and SUBRECIPIENT ENTITY/USF should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States(including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1)"Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Other Federal Requirements: Americans with Disabilities Act of 1990, as amended (ADA)—The SUBRECIPIENT ENTITY/USF will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the SUBRECIPIENT ENTITY/USF pursuant thereto. Disadvantaged Business Enterprise(DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its SUBRECIPIENT ENTITY/USF agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the SUBRECIPIENT ENTITY/USF and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. &200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the SUBRECIPIENT ENTITY/USF,with the funds authorized by this Agreement,seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the SUBRECIPIENT ENTITY/USF shall take the following affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance, as appropriate,of such organizations as the Small Business Administration and the 1020 Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. The Subrecipient Entity/USF shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subrecipient Entity/USF during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Energy Efficiency-SUBRECIPIENT ENTITY/USF will comply with the Energy Policy and Conservation Act(P.L. 94-163, 42 U.S.C. 6201-6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Subrecipient ENTITY/USF and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. SUBRECIPIENT ENTITY/USF and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),which prohibits discrimination on the basis of disabilities; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the SUBRECIPIENT ENTITY/USF, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,T C, agrees as follows: 1) The Subrecipient Entity/USF will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Subrecipient Entity/USF will take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Subrecipient Entity/USF agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Subrecipient Entity/USF will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient Entity/USF,state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Subrecipient Entity/USF will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,or is consistent with the Subrecipient Entity/USF's legal duty to furnish information. 4) The Subrecipient Entity/USF will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Subrecipient Entity/USF's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 1021 5) The Subrecipient Entity/USF will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Subrecipient Entity/USF will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Subrecipient Entity/USF's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations,or orders,this contract may be canceled, terminated or suspended in whole or in part and the Subrecipient Entity/USF may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Subrecipient Entity/USF will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient Entity/USF will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a Subrecipient Entity/USF becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the Subrecipient Entity/USF may request the United States to enter into such litigation to protect the interests of the United States. 1022 Work Involving Human or Vertebrate Animals (Select Applicable Options) ■❑ No Human or Vertebrate Animals This section left intentionally blank. Human Subjects Data(Select One) I Not Applicable This section left intentionally blank This section left intentionally blank Additional Terms 1023 Subaward Number: Attachment 3A Pass-Through Entity(PTE)Contacts PTE Information Entity Name: Monroe County Board of County Commissioners Legal Address: 1100 Simonton Street, Suite 2-213 Key West, FL 33040 Website: https://www.monroecounty-fl.gov/ PTE Contacts Central Email: Principal Investigator Name: Email: I Telephone Number: Administrative Contact Name: Andrew Roltsch Email: roltsch-andrew@monroecounty-fl.gov Telephone Number: COI Contact email (if different to above): Financial Contact Name: I Tina Boan Email: boan-tina@monroecounty-fl.gov Telephone Number: (305)292-4472 Email invoices?(�)Yes 0 No Invoice email (if different): Authorized Official Name: Email: Telephone Number: PI Address: Administrative Address: Invoice Address: 1024 Attachment 3B Subaward Number: Research Subaward Agreement Subrecipient Contacts Subrecipient Information for FFATA reporting Entity's UEI/DUNS Name: University of South Florida EIN No.: 59-3102112 Institution Type: Public/State Controlled Inst. of Higher Ed. UEI /DUNS: I NAKZLXLL7Z91 Currently registered in SAM.gov: Yes 0 No Parent UEI / DUNS: Exempt from reporting executive compensation qfoo, complete 38 pg2) Place of Performance Information for FFATA reporting Physical Address, City, State(if U.S.)and Country: 4202 E. Fowler Avenue, Tampa, FL 33620 U.S.Entities only(insert in kir Placec:il a�i���'e,�tin'�., �le ci�n'eai°u:j Congressional District: FL-014 Zip Code+4: 33620-6900 Zip Code Look-up Subrecipient Contacts Central Email: rsch-awards@usf.edu Website: http://www.usf.edu/research-innovation/sr/ Principal Investigator Name: Cynthia Lewis Email: cynthialewis@usf.edu Telephone Number: Administrative Contact Name: Lauren Gordon Email: laurengordon@usf.edu Telephone Number: (813) 974-4918 Financial Contact Name: I Melissa Merlo Email: mmerlo@usf.edu Telephone Number: (813) 974-5292 Invoice Email: Authorized Official Name: I Stephanie Rios Email: rsch-awards@usf.edu Telephone Number: (813) 974-2897 Legal Address: University of South Florida 4202 E. Fowler Avenue Tampa, FL 33620 Administrative Address: Sponsored Research - USF Research & Innovation 3702 Spectrum Blvd., Suite 165 Tampa, FL 33612 Payment Address: University of South Florida, ATTN: Research Project Receivables 1 P25 FDP 313.1 JAN 2020 Subaward Number: Attachment 3B-2 Highest Compensated Officers Subrecipient: Institution Name: University of South Florida Board of Trustees PI Name: Cynthia Lewis Highest Compensated Officers The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1) Internal Revenue Code of 1986. Officer 1 Name: Officer 1 Compensation: Officer 2 Name: Officer 2 Compensation: Officer 3 Name: Officer 3 Compensation: Officer 4 Name: Officer 4 Compensation: Officer 5 Name: Officer 5 Compensation: 1026 Subaward Number: Attachment 4 Reporting and Prior Approval Terms Subrecipient agrees to submit the following reports (PTE contacts are identified in Attachment 3A): Technical Reports: Monthly technical/progress reports will be submitted to the PTE'sl Administrative Contact within 15 days of of the end of the month. Quarterly technical/progress reports will be submitted within 30 days after the end of each project quarter to the PTE's Administrative Contact ® Annual technical/progress reports will be submitted within 30 days prior to the end of each budget period to the PTE's Administrative Contact 1. Such report shall also include a detailed budget for the next Budget Period, updated other support for key personnel, certification of appropriate education in the conduct of human subject research of any new key personnel, and annual IRB or IACUC approval, if applicable. A Final technical/progress report will be submitted to the PTE's I Administrative Contact within 45 days of the end of the Project Period or after termination of this award, whichever comes first. ® Technical/progress reports on the project as may be required by PTE'sl Administrative Contact in order for the PTE to satisfy its reporting obligations to the Federal Awarding Agency. Prior Approvals: Carryover: Carryover is automatic Other Reports: ® In accordance with 37 CFR 401.14, Subrecipient agrees to notify both the Federal Awarding Agency via Edison and PTE's I Administrative Contact within 60 days after Subrecipient's inventor discloses invention(s) in writing to Subrecipient's personnel responsible for patent matters. The Subrecipient will submit a final invention report using Federal Awarding Agency specific forms to the PTE's r7ministrative Contact I within 60 days of the end of the Project Period to be included as part of the PTE's final invention report to the Federal Awarding Agency. A negative report is required: Property Inventory Report (only when required by Federal Awarding Agency), specific requirements below. Additional Technical and Reporting Requirements: 1 27 Subaward Number: Attachment 5 Statement of Work, Cost Sharing, Indirects & Budget Statement of Work Below Attached, pages If award is FFATA eligible and SOW exceeds 4000 characters, include a Subrecipient Federal Award Project Description Budget Information Indirect Information Indirect Cost Rate (IDC)Applied 0� % Cost Sharing No Rate Type: Modified Total Direct Costs If Yes, include Amount: $ Budget Details Below Attached, pages Budget Totals Direct Costs $ 559,283.00 Indirect Costs $ 0.00 Total Costs $ 558,268.00 All amounts are in United States Dollars 1028 Subaward Number: Attachment 6 Notice of Award (NOA) and any additional documents The following pages include the NOA and if applicable any additional documentation referenced throughout this Subaward. Not incorporating the NOA or any additional documentation to this Subaward. 1029 MONROE COUNTY GRANTSUBCONTRACT KEYS MARINE LABORATORY ATTACHMENT 5 SUBCONTRACTOR STATEMENT OF WORK AND REPORTING REQUIREMENTS L PROJECT TITLE: Infrastructure Construction,Equipment Installation, and Build-Out of New DEP Seawater System: Monroe County Coral Resilience Project IL PROJECT LOCATION(S): Keys Marine Laboratory, 68486 US-1, Layton, FL 33001 City of Layton within Monroe County; Lat/Long (24.825901, -80.814207) III. SCOPE OF WORK The goal of this project is to add land-based capacity for coral(and other associated reef organisms) by providing life support for holding,propagation, and to facilitate a rapid emergency response. This work will be completed by the Keys Marine Laboratory(KML)under this agreement and will include Project Management to design,plan, acquire permits as necessary, coordinate construction, and complete startup of the land-based DEP Coral Response Seawater System (Figure 1). '4 %�� " e M 07 Figure 1. Site map of Keys Marine Laboratory and location of proposed DEP Seawater System. All equipment and assets associated with the construction and buildout of this new system will become the property of the University of South Florida(USF) as host institution for Florida Institute of Oceanography(FIO). The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation,retaining wall installations to stabilize tank farm and drain fields, any necessary concrete 1030 constructions, gravel for final grading and finishing, and shade structure installation. All necessary construction permits will be acquired by KML. KML will act as Project Manager to oversee the planning, coordination, and construction of the expanded seawater system. Supplies, equipment, and other miscellaneous materials will be purchased in order to complete the expansion. All equipment, assets, supplies and other miscellaneous materials purchased for and used in construction,installation or build-out of this system will become the property of the University of South Florida(USF) as host institution for FIO. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation,retaining wall installation to stabilize tank farm and drain fields, any necessary concrete construction,gravel for final grading and finishing, and shade structure installation. All necessary construction permits will be acquired by KML. KML staff will install life support equipment, tanks,plumbing, and miscellaneous equipment. Seawater table capacity: up to 5,700-gal temperature controlled(up to 20 fiberglass tables,240- gal or equivalent), 10gpm flow rates for system turnover every 4 hours or 6 times per day. Coral tank farm footprint: Two (2)greenhouse shade structures with 80% shade cloth(total 2,800 sq.ft., 30'x40' and 40'x30'),raised perimeter retaining wall to stabilize gravel over drain fields, concrete pad to support two seawater reservoirs (I700-gal each), one heater/chiller unit(5- ton) to maintain temperature-controlled seawater. Water source: Seawater will be supplied from an existing seawater well and treatment plant which has been in operation for more than ten years. Water quality has been monitored and tested regularly in accordance with Best Available Practices and Association of Zoos and Aquarium (AZA)recommendations. Upon completion of construction,water flow will be established and KML staff will work through the required testing and monitoring to ensure the system is fully functional,water flow can be maintained, and water conditions are suitable to support corals. The process of Commissioning the System will last a minimum of eight(8)weeks and is outlined below.Proper commissioning of the system is an absolute requirement to ensure functionality and suitable conditions can be maintained. Commissioning of the system (steps and data collection): I. Daily water quality parameters will be monitored and collected with a YSI handheld sonde (minimum 3 weeks). This will include pH, salinity, 02, and temperature. 2. Weekly water quality parameters will be tested with aquaculture grade water quality testing kits (minimum 3 weeks). This will include ammonia,nitrite,nitrate,phosphates, copper. 3. Three (3)weeks after the system is operational,water samples will be collected at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab to test for VOCs,phosphates, sulfates, and total nitrogen. 4. Test live corals: Pending results of off-site water quality tests, live test corals will be held in the system for a minimum of two (2)weeks to ensure suitable water conditions have been met. Upon completion of construction, the system will have a unique designation agreed upon by all parties. The new system will include signage with logos including but not limited to DEP, FCR, Monroe County, and KML logos. Design of the signage will be completed by KML and submitted to all partners for review and approval prior to installation. 1031 Although not funded under this agreement, the new system will be prioritized for emergency coral rescue efforts and coral restoration activities. If future support for operations and maintenance is provided by DEP, this system will be reserved for use by DEP. If funded by DEP,use of this system will be approved/authorized in writing by DEP to KML for coral response and restoration within 48- hours of use. Deliverables and Reporting Timeline KML will provide to Monroe County the following deliverables: a) Milestone Timeline with estimated period of work for KML seawater system Project construction and completion. b) Seawater System schematic and map of design plan. c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly). d) Copies of all acquired permits for construction and buildout. e) Quarterly Project Management Report documenting the progress of construction and milestones completed to date.Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. f) Representative (5-10)photos of DEP SW System once construction is complete that shows the signage and logos detailed above. g) Social media posts with 1-2 photos and 1-3 sentences highlights the buildout/contruction of the new system Post should acknowledge the funding assistance provided by the DEP's Office of Resiliences and Costal Protection and partnership with Monroe County. h) Water quality data during the commissioning of the Seawater System: I. Daily collection of pH, salinity, 02, and temperature (minimum of 3 weeks); ii. Weekly collection of ammonia,nitrite,nitrate,phosphates, and copper(min of 3 weeks); iii. One-time collection of water samples at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab for VOCs,phosphates, sulfates, and total nitrogen; and iv. Summary of observations and applicable in-tank water test results from the final two week `water quality specimen holding test' which ensures water quality parameters remain consistent to reef quality and KML existing system parameters after the introduction of specimens. i) Coordinate final site visit with the DEP. j) Draft report language summarizing the Project completion and operation status and will include water quality results and outcomes of test corals.Note: draft report will be integrated into Final report from Monroe County as part of Task 1.2 under Master Agreement. 1032 Quarter Dates Deliverables Report Due Quarterly Report(e) to include: a) Milestone Timeline b) System Schematic c) Supply& Equipment List(Budget) I July—September 2024 d) Copies of all applicable permits 10/30/2024 g) Copies of Social Media post(s) made during the quarter Quarterly Invoice Quarterly Report(e) to include: c) Supply& Equipment List(Budget) d) Copies of all applicable permits 2 October—December 2024 g) Copies of Social Media post(s) 01/30/2025 made during the quarter Quarterly Invoice Quarterly Report(e) to include: c) Supply& Equipment List(Budget) d) Copies of all applicable permits 3 January—March 2025 g) Copies of Social Media post(s) 04/30/2025 made during the quarter Quarterly Invoice Quarterly Report(e) to include: c) Supply& Equipment List(Budget) d) Copies of all applicable permits 4 April—June 2025 g) Copies of Social Media post(s) 07/30/2025 made during the quarter Quarterly Invoice Quarterly Report(e) to include: c) Supply& Equipment List(Budget) d) Copies of all applicable permits 5 July—September 2025 g) Copies of Social Media post(s) 10/30/2025 made during the quarter h) Applicable water monitoring test results Quarterly Invoice 1033 Draft(final) Report(j) to include: c) Supply& Equipment List(Budget) d) Copies of all applicable permits f)Representative Photos of New System upon Completion 6 October—December 2025 g) Copies of Social Media post(s) 01/30/2026 made during the quarter h) Applicable water monitoring test results i) Date or results of site visit Final Invoice 1034 IV. PROJECT BUDGET AND JUSTIFICATION *See attached budget spreadsheet(s) —first budget spreadsheet is USF format, second is DEP format.Both budgets total same amount as justified below** Budget Justification PERSONNEL EXPENSES $277,746 Funds are requested to provide salary support to KML staff for effort dedicated to the infrastructure expansion project as described in this work plan. Salary support for KML staff has been determined using current annual/hourly rate and estimated amount of effort required for timely completion. FRINGE BENEFITS $134,926 Fringe benefits for personnel have been calculated using the USF Fringe Benefit Pool Rate applicable for each employee base on their employment classification. The USF Fringe Benefit Pool Rates are: 32.2% for Faculty, 39.5% for Administrative (Exempt) Staff, 52.7% for Non-Exempt Staff, 6.3% for OPS/Temporary Staff. CONTRACTUAL SERVICES $101,636 KML will contract out services to complete the retaining wall, concrete pad, electrical systems,gravel, and survey work required for project completion. KML will work with outside vendors such as Arlington Electric, Paver Dave, and Discount Rock & Sand to complete this work. KML has been working with these vendors for years and cost estimates are based on past expenses and current quotes received. Final costs may change due to inflation and/or availability upon contract execution. TRAVEL $0 No funds are requested for travel. EQUIPMENT $12,000 Equipment will include one (1) 5-ton Heater/Chiller Unit(est. $12,000) SUPPLIES $7,450 Funds are requested for the purchase of supplies,including but not limited to PVC fittings,regenerative blowers, sand filter, aquaculture pumps, and stainless-steel screws. OTHER EXPENSES $25,525 Funds are requested for miscellaneous supplies and other expenses to include but not limited to rental of heavy equipment, lumber, reservoir tanks, PVC pipes, UV sterilizers, seawater processing equipment, lab analysis for water quality testing (FN CACHE Nutrient Lab), and shipping. INDIRECT COSTS $0 As indicated by Sponsor,no indirect costs are allowed on this project. TOTAL PROJECT COSTS $559,283 1035 PI Name Cindy Lewis Project Title Infrastructure Expansion at Keys Marine Lab Sponsor/Solicitation Number Monroe County(FL DEP FEDERAL FLOW-THROUGH) Period of Performance 07/01/2024 -06/30/2026 No.of Years in Proposal 2 Indirect Cost Rate 0.0% Personnel Year 1 Year 2 Year 3 Year 4 Year S Year 6 TOTAL Cindy Lewis 21,000 21,630 0 0 0 0 42,630 Lisa Tipsword 22,598 23,276 0 0 0 0 45,874 Emily Becker 30,250 31,158 0 0 0 0 61,408 William Ferrell 30,250 31,158 0 0 0 0 61,408 Kyle Phillips 18,550 19,107 0 0 0 0 37,657 JRJones 14,189 14,614 0 0 0 0 28,803 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 0 0 0 0 0 01 01 01 01 0 0 Fringe Benefits 1 66,4511 68,4421 01 01 01 0 134,893 Total Salary,Wages,and Fringe 1 203,2881 209,3841 01 01 01 0 412,672 Equipment 1 12,0001 01 01 01 01 0 12,000 Travel 1.Domestic 1 01 01 01 01 01 0 0 2.Foreign 1 01 01 01 01 01 0 0 Participant Support Costs 1 01 01 01 01 01 0 0 Other Direct Costs 1.Materials&Supplies 32,975 0 0 0 0 0 32,975 2.Publication Costs 0 0 0 0 0 0 0 3.Contractual Services 0 0 0 0 0 0 0 Arlington Electric 73,150 Paver-Dave(retaining wall) 16,500 Discount Rock&Sand 4,400 Survey-final as built 4,000 Permitting(4%of total project) 3,586 4.Computer Services 0 0 0 0 0 0 0 5.Subawards 0 0 0 0 0 0 0 6.Other 0 0 0 0 0 0 0 7.Non F&A Other 0 0 0 0 0 0 a.tuition(normally'other') 0 0 0 0 0 0 0 Subtotal,Other Direct Costs 130,611 4,0001 01 01 01 0 134,611 Total Direct Costs 1 345,8991 213,3841 01 01 01 0 559,283 TOTALMTDC 1 345,8991 213,3841 01 01 01 0 559,283 Indirect Costs(F&A) 1 01 01 01 01 01 0 0 Total Direct&Indirect Costs 1 345,8991 213,3841 01 01 01 0 559,283 Residual Funds I I I I I 1 0 Amount of This Request 1 345,8991 213,3841 01 01 01 0 559,283 Cost Sharing 01 01 01 01 01 0 0 1036 FWdda Deparbonkaf'IC iAre ental0"Wa cmn 0 IDIIFPIIRUUIIMIIFF--COS'IPANAIII, IIISIIFOIIIM PROJECT TITLE: Coral Propagation and Emergency Cora l Response Seawater System Infrastructure Expansion at Keys Marine Laborator _ 1N'y'tr, tr 40["n I r cf(r4 a t"24 Pxllrl', SUBCONTRACTOR BUDGET DETAIL COSTANALYSIS{for I71'.P 0,11) Budget items below to be provided bythe Contractor or Grantee.See attached instructions. Cost Analysis to be completed bythe Department Contract or Grant Manager.See attached instructions. COMMENTS 1.PERSONNEL EXPENSES %Allocation Allowable Reasonable Necessary (Basis for Decision) A.Salaries-(Name/Title/Position) Hourly Cost($) Hours Totals($) Cynthia Lewis,KML Director(20%effort) 50.48 832 = $41,999 Lisa Tipsword,Operations&Business Analyst(31.47%efforts 34.15 1309 - $44,702 Emily Becker,Seawater Facilities Manager(50%effort) 29.52 2080 = $61,402 William Ferrell,Sr.Biological Scientist(50%effort) 29.52 2080 = $61,402 Kyle Phillips,Biological Scientist(35%effort) 26.34 1456 - $38,351 Maintenance Tech(30%effort) 23.95 1248 = $29,890 Total Salaries $277,746 B.Fringe Benefits(Rate%"Total salaries applicable) Rate% Total Sal.App. Total$ Cynthia Lewis,KML Director(20%effort) 39.5% $41,999 $16,590 Lisa Tipsword,Operations&Business Analyst(31.47%efforts 39.5% $44,702 $17,657 Emily Becker,Seawater Facilities Manager(50%effort) 52.7% $61,402 $32,359 William Ferrell,Sr.Biological Scientist(50%effort) 52.7% $61,402 $32,359 Kyle Phillips,Biological Scientist 35%effort 52.7% $38,351 $20,211 Maintenance Tech(30%effort) 52.7% $29,890 $15,752 Total Fringe $134,926 Total Personnel Expenses(A+B) $412,672 2.Contractual Services Description Fee/Rate$ Quantity Totals$ Arlington Electric South Inc.-Electrical Services- 73150 1 - $73,150 Paver Dave-retaining wall and concrete pad construction" 16500 1 - $16,500 Dicount Rock and Sand-Gravel delivery and spreading" 4400 1 - $4,400 Survey-final as bult 4000 1 $4,000 Permitting(4%of project) $ 89,650.00 0.04 $3,586 "fee/rate based on estimates/invoices for KML SW expansions In 2020-23 Total Contractual Services $101,636 3.Travel Per Fare/ Purpose/Destination Days Diem$ Rate$ Mileage Totals$ +I = $0 +I = $0 +I = $0 Total Travel $0 4.Equipment($5000 or more) Description Unit Cost$ Quantity Totals$ Heater/Chiller Unit IS ton) 12000 1 - $12,000 Total Equipment $12,000 COMMENTS Allocation Allowable Reasonable Necessar (Basis for Decision) �5-Supplies lies(SEE SUPPLIES EXAMPLE TAB)($1000 or less/fee/rate) Description Fee/Rate$ Quantity Totals$ PVC Fittings 1000 1 - $1,000 Regenerative Blower 600 1 $600 Sand Filter 950 1 $950 Aquaculture Pumps 900 5 $4,500 Stainless Screws 400 1 - $400 Total Supplies $7,450 IS.Miscellaneous/Other Expenses($1000-$5000) Description Unit Cost$ Quantity Totals$ Seawater processing equipment 5000 1 - $5,000 Construction Rental Equipment-Home Depot 5000 1 - $5,000 Tank stand lumber 3000 1 - $3,000 Reservoir Tanks 2000 2 - $4,000 PVC pipes 4000 1 - $4,000 UV Sterilizers 1500 2 $3,000 FIU CACHE Nutrient Lab WQ Samples 525 1 $525 Shipping 1000 1 $1,000 Total Miscellaneous $25,525 SUBTOTAL(I thru 6) $559,283 7.Overhead/Indirect(15%or lower) Rate% Base$ Total$ (Cost base excludes Section 2 and 4) 0.00%" $0.00 = $0 8.Total Budget $559,282.90 III [li,I I I rill] 111f,!fl(7A! I certify that the cost for each line item budget category has been evaluated and determined to be allowable,reasonable,and necessary as required by Section 216.3475,Florida Statutes.Documentation is on file evidencing the methodology used and the conclusions reached. Name: Signature: Title: Date: DEP 55-229 1037 Rev.9-03-2020 1 of 1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Coral Resilience Project 22CPRO1 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Board of County Commissioners Entity Type: Local Government Grantee Address: 500 Whitehead Street FEID: 59-6000749 Key West,FL 33040 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon execution 9/30/2026 4. Project Number: Project Location(s): Layton,Summerland Key,and Virginia Key (If differentfi-om AgreementNumbet) Project Description: The project will provide infrastructure support for corals in the event that evacuation and holding is necessary. 5. Total Amount of Funding: Funding Source? Award#s or Line-Item Appropriations: Amount per Sources : ❑ State [Z]Federal 152-D FY 21/22 2,500,000.00 $2 500 000.00 ❑ State []Federal ❑ State ❑Federal $ ❑ Grantee Match $ Total Amount of Funding+Grantee Match,if any: S 2,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Kristi Kerrigan Name: Andrew Roltsch or successor or successor Address: Coral Protection and Restoration Program Address: Monroe County 8000 N Ocean Dr. 1100 Simonton Street,Suite 2-213 Dania Beach, FL 33004 Key West, FL 33040 Phone: 561-681-6632 Phone: 305-292-4476 Email: Kristi.Kerrigan(a,FloridaDEP.gov Email: Roltsch-andrew(a,monroe-county-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements 0 Attachment 5: Special Audit Requirements ❑Attachment 6:Program-Specific Requirements ❑Attachment 7: Grant Award Terms(Federal) *Copy available at h11p //fact:.�.,.fllf�.,.ca,in accordance with section 215.985,F.S. 0 Attachment 8: Federal Regulations and Terms(Federal) ❑Additional Attachments(if necessary): 0 Exhibit A:Progress Report Form 0 Exhibit B:Property Reporting Form 0 Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo 0 Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 22CPR01 1 038 Rev. 1/31._. ✓❑ Additional Exhibits(if necessary):Exhibit G:Photographer Release Form,Exhibit H:Contractual Services Certification;Exhibit K Non Profit Organization Compensation Form 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a 1 : Federal Award Identification Numbers (FAIN): SLFRP0125 Unique Entity Identifier(UEl): QKLSCT2LM7M9 Federal Award Date to Department: 2/4/2022 Federal Award Project Description: Monroe County Coral Resilience Project Total Federal Funds Obligated by this Agreement: 2,500,000.00 Federal Awarding Agency: U.S. Department of Treasury Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Monroe County Board of County Commissioners GRANTEE Grantee Name By (AuthorizedSignature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Agreement No. 22CPR01 1 039 Rev. 1/31._. ORCP Additional Signatures DEP Grant Manager, Kristi Kerrigan DEP QC Reviewer, Hanna Tillotson Grantee may add additional signatures below, if needed. 1040 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal, and other written communication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of13 Rev.9/15/2023 1041 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. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. 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 submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of13 Rev.9/15/2023 1042 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: hl-t;it s://www.aruyfloridacfo.com/does sl%acconullin n �u��flilang Iibr�ri€,./stet€::;., c�Zencies/rel`erence aide for st., e:yj)en&1aare� n)all`. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee may request from the Department that all invoice payments (i.e.,cost reimbursement)under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity"under subsection 288.0656(2),F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c),F.S.; iii. Grantee's performance has been verified by the Department,which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s),rule(s)and regulation(s)allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law,rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: I�(t;;:�s://fr;k� or /coaaaaaaanla( plci;rlr�ca�g ctrld Of GrpRor(aanity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a non-profit organization under section 215.97(2)(m),F.S.,Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1 3of13 Rev.9/15/2023 1043 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website,if Contractor maintains a website. h. 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. i. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. 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: I�(t;,:�s://www.n�ylloridacl`o.com/division/c c/local t oven�n�en(s/N�rd em n( in{crest rates. 1. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salaa/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price Attachment 1 4 of 13 Rev.9/15/2023 1044 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, 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 reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31.The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work 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. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1 5of13 Rev.9/15/2023 1045 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1 6 of 13 Rev.9/15/2023 1046 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; 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; 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; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; 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 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 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, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole Attachment 1 7of13 Rev.9/15/2023 1047 discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized 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 following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1 8of13 Rev.9/15/2023 1048 not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. 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 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, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management 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. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA)-Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing 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 manufactured product has been established under applicable law or regulation; and Attachment 1 9of13 Rev.9/15/2023 1049 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 tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,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. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act,including the following provision: a. Signage Requirements a.Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: b.Procuring Signs: Consistent with section 6002 of RCRA,42 U.S.C. 6962,and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable.Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the official Investing in America emblem or EPA logo or seal)into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in section 287.135,F.S.Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions,then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347,F.S.,except that pursuant to the requirements of section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with sections 11.062 and 216.347,F.S. 28. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during Attachment 1 10 of 13 Rev.9/15/2023 1050 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 General Records Schedules maintained by the Florida Department of State (available at: hlt;;:�://dos.m Ilorida.com/lik�r� •archives/records m�na xemenk/xeneralrecords schedules�. 29. Audits. a. Inspector General. The Grantee understands its duty,pursuant to section 20.055(5), F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: rll;\I;s,la;. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1 11 of 13 Rev.9/15/2023 1051 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 not apply to agreements where payments are made purely on a cost reimbursement basis. 30. 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. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee, subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both 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. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. Attachment 1 12 of 13 Rev.9/15/2023 1052 37. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under 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. 38. 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 of any assignment,Grantee remains secondarily liable forperformance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 13 of 13 Rev.9/15/2023 1053 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22CPR01 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. The Project funded under this Agreement is Monroe County Coral Resilience Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pa. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. For purposes of this Agreement,the Grantee will be considered the owner of any nonexpendable and/or nonconsumable personal property or equipment costing$5,000 or more purchased for the completion of the Project under a subcontract.Upon satisfactory completion of this Agreement,the Grantee will require its subcontractor to account for and report on all nonexpendable and/or nonconsumable personal property or equipment purchased under its subcontract in accordance with the Grantee's financial reporting and inventory control requirements.Based on the subcontractor report,the Grantee will submit Exhibit B,Property Reporting Form,to the Department with any applicable requests for reimbursement.Nonexpendable and/or nonconsumable personal property or equipment purchased for the Project by a subcontractor is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72 and/or Chapter 691-73,F.A.C.,as applicable,and should be capitalized,when appropriate,in accordance with GAAP and the Grantee's financial reporting requirements.The following terms shall apply: a. The Grantee and/or its subcontractor(s)shall have use of the nonexpendable and/or nonconsumable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. Attachment 2 1 of 3 Rev.8/8/2023 1054 b. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the nonexpendable and/or nonconsumable personal property or equipment in good operating condition. c. The Grantee is responsible for any loss,damage,or theft of,and any loss,damage or injury caused by the use of,nonexpendable and/or nonconsumable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. d. The Grantee is responsible for keeping a current and accurate inventory of any nonexpendable and/or nonconsumable personal property or equipment in accordance with its financial reporting and inventory control requirements. The Department may request an annual copy of these inventory records for the life of the Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager.The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any 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. Attachment 2 2of3 Rev.8/8/2023 1055 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or 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 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) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 3of3 Rev.8/8/2023 1056 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22CPROI ATTACHMENT 3 I. PROJECT TITLE: Monroe County Coral Resilience Project IL PROJECT LOCATION(S): The Project will be located in the following locations: a. City of Layton within Monroe County—Lat/Long (24.825901, -80.814207) b. City of Summerland Key within Monroe County—Lat/Long (24.661389, -81.454444) c. Virginia Key within Miami-Dade County—Lat/Long (25.733870, -80.159474) III. PROJECT BACKGROUND: Florida's Coral Reef spans over 350 miles of continuous,diverse,coral reef ecosystems and is abeautiful,national treasure that supports an incredible amount of life in addition to providing jobs,protection, and enjoyment for millions of residents and visitors. In the summer of 2023,Florida's Coral Reef(FCR) experienced an extreme coral bleaching event,that resulted in significant mortality of several different coral species across FCR. In response, evacuation efforts and land-based holding of Endangered Species Act-listed species and stony coral tissue loss disease susceptible species proved to be necessary to preserve genetic diversity for future propagation efforts. This mass movement and temporary holding of corals from in-situ nurseries to ex-situ holding facilities identified a gap in existing infrastructure for emergency response,which slowed our ability to move and hold corals efficiently. Coral bleaching has been occurring more frequently over the past few decades, and some level of bleaching has occurred every year since 2011. In July 2023,NOAA recorded the highest South Florida sea temperatures (35°C/95°F) since in-water measurements started in 1981. In addition, FCR has seen outbreaks of disease,most notably the outbreak of stony coral tissue loss disease in 2014 which is now endemic to the entirety of the reef and affects over 23 different stony coral species.Understanding that major disturbance events such as bleaching or disease outbreaks will continue to happen,it is important to have precautions in place to facilitate a rapid response when necessary, including the development of and maintenance of holding facilities specifically designated for emergency response. IV. PROJECT DESCRIPTION: The Monroe County Board of County Commissioners (Grantee) will conduct the Monroe County Coral Resilience Project (Project). The overall goal of this Project is to provide infrastructure support for corals in the event that evacuation and holding is necessary. The Grantee will sub-contract Keys Marine Laboratory,Mote Marine Laboratory, and University of Miami to complete the work. This Project fulfills the emergency assistance request of the Florida's Coral Reef Resilience Program (FCRRP) and is consistent with State of Florida Restoration Priorities for Florida's Coral Reef. 2021- 2026 and Florida's Bleaching Response Plan. The outcomes of this Project will be incorporated into the disturbance response efforts which seeks to improve understanding about the scale and severity of the disturbance on Florida's Coral Reef, identify management actions to remediate impacts, restore affected resources, and ultimately propagate thermally and disease tolerant species. As such, collaboration amongst partners is encouraged when appropriate to avoid duplication of efforts and ensure alignment of needs. Coordination with other partners is recommended, as appropriate. DEP Agreement No. 22CPRO1, Attachment 3,Page 1 of 12 Rev. 12.1.2023 1057 V. TASKS AND DELIVERABLES: Task 1: Infrastructure Expansion and Coral Holdine at Keys Marine Laboratory Task 1 will add land-based capacity for coral (and other associated reef organisms) by providing life support for holding, propagation, and to facilitate a rapid emergency response. This work will be completed by the Keys Marine Laboratory (KML) under this Project and will include Project Management to design, plan, acquire permits as necessary, coordinate construction, and complete startup of the land-based DEP Coral Response Seawater System (Figure 1). Is l. D�' i do a r✓ r/% /� �WM Figure 1. Site map of Keys Marine Laboratory and location ofproposed DEP seawater system. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of South Florida (USF) as host institution for Florida Institute of Oceanography (FIO) (also known as Keys Marine Laboratory) (Tasks 1.1). The Florida Keys are in an area of high hurricane activity.Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Task 1 will also provide support for the operation and maintenance of sixteen (16) 240-gal seawater tables within existing KML System for coral emergency response efforts and coral restoration activities for two years (Task 1.2). Tables within KML SW systems will be maintained and operated by KML and prioritized for use by the coral restoration community with advanced notice, approval, and scheduling. Coral restoration practitioners will follow the approval process to be determined by DEP. DEP will provide approval to KML for use of the sixteen (16) DEP-supported tables for coral response and restoration within 48-hours. DEP Agreement No. 22CPRO1, Attachment 3,Page 2 of 12 Rev. 12.1.2023 1058 Task 1.1: Infrastructure Construction, Equipment Installation, and Build-Out of New DEP Seawater System (Keys Marine Laboratory) Description The Grantee's subcontractor(KML)will act as Project Manager to oversee the planning, coordination, and construction of the expanded seawater system. Supplies, equipment, and other miscellaneous materials will be purchased in order to complete the expansion. All equipment, assets, supplies and other miscellaneous materials purchased for and used in the construction, installation or build-out of this system will be become the property of the University of South Florida(USF) as host institution for FIO. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation, retaining wall installation to stabilize tank farm and drain fields, any necessary concrete construction,gravel for final grading and finishing,and shade structure installation. All necessary construction permits will be acquired by KML. KML staff will install life support equipment,tanks,plumbing, and miscellaneous equipment. Seawater table capacity: Up to 5,700-gal temperature-controlled(up to 20 fiberglass tables, 240- gal or equivalent), 1 Ogpm flow rates for system turnover every 4 hours or 6 times per day. Coral tank farm footprint:Figure 2.Two greenhouse shade structures with 80%shade cloth(total 2,800 sq ft„ 30' x 40' and 40' x 30'),raised perimeter retaining wall to stabilize gravel over drain fields, concrete pad to support two seawater reservoirs (1700-gal each), one heater/chiller unit(5- ton to maintain temperature-controlled seawater). Water source: Seawater will be supplied from an existing seawater well and treatment plant which has been in operation for more than ten years.Water quality has been monitored and tested regularly in accordance with Best Available Practices and Association of Zoos and Aquarium (AZA) recommendations. Upon completion of construction,water flow will be established and KML staff will work through the required testing and monitoring to ensure the system is fully functional,water flow can be maintained, and water conditions are suitable to support corals. The process of Commissioning the System will last a minimum of eight(8)weeks and is outlined below.Proper commissioning of the system is an absolute requirement to ensure functionality and suitable conditions can be maintained. Commissioning of the system (steps and data collection): 1. Daily water quality parameters will be monitored and collected with a YSI handheld sonde (minimum 3 weeks). This will include pH, salinity, 02, and temperature. 2. Weekly water quality parameters will be tested with aquaculture grade water quality testing kits (minimum 3 weeks). This will include ammonia, nitrite,nitrate,phosphates, copper. 3. Three (3) weeks after the system is operational, water samples will be collected at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab to test for VOCs,phosphates, sulfates, and total nitrogen. 4. Test live corals: Pending results of off-site water quality tests, live test corals will be held in the system for a minimum of two (2)weeks to ensure suitable water conditions have been met. Upon completion of construction,the system will have a unique designation agreed upon by all parties. The new system will include signage with logos including but not limited to DEP,FCR,Monroe County and KML logos.Design of signage will be completed by KML and submitted to all partners for review and approval prior to installation. DEP Agreement No. 22CPR01, Attachment 3,Page 3 of 12 Rev. 12.1.2023 1059 Although not funded under this agreement, the new system will be prioritized for emergency coral rescue efforts and coral restoration activities. If future support for operations and maintenance is provided by DEP, this system will be reserved for use by DEP. If funded by DEP, use of this system will be approved/authorized in writing by DEP to KML for coral response and restoration within 48- hours of use. Deliverables: The Grantee's subcontractor(KML)will submit: a) Milestone Timeline with estimated period of work for KML seawater system Project construction and completion. b) Seawater System schematic and map of design plan. c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly). d) Copies of all acquired permits for construction and buildout. e) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. f) Representative (5-10) photos of DEP SW system once construction is complete that shows the signage and logos detailed above. g) Social media post with 1-2 photos and 1-3 sentences highlighting the buildout/construction of the new system. Post should acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection and partnership with Monroe County. h) Water quality data during the commissioning of the SW system: i. Daily collection of pH, salinity, 02, and temperature (minimum of 3 weeks); ii. Weekly collection of ammonia, nitrite,nitrate,phosphates, and copper(min of 3 weeks); in. One-time collection of water samples at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab for VOCs,phosphates, sulfates, and total nitrogen; and iv. Summary of observations and applicable in-tank water test results from the final two week 'water quality specimen holding test' which ensures water quality parameters remain consistent to reef quality and KML existing system parameters after the introduction of specimens. i) Coordinate final site visit with the DEP. j) Draft report language summarizing the Project completion and operation status and will include water quality results and outcomes of test corals. Note: draft report will be integrated into Final report as part of Task 1.2. Task 1.2: Operation and Maintenance of existing KML Seawater Systems for coral emergency response and coral restoration efforts for two years (total 16 tables) Description: The Grantee will provide funding to KML for the operation and maintenance of sixteen (16)240-gal tables within existing temperature-controlled KML seawater systems to ensure land-based capacity and availability to support coral emergency responses and coral restoration activities e.g.coral holding,propagation, and grow-out(two I-year periods). DEP will provide approval to KML for use of the 16 prioritized tables for coral response and restoration within 48-hours of need. Tables funded under this Project (16) will be reserved for DEP approved usage and costs for such operation will be billed regardless of the total number of tables used in any given month over the course of the Project period. Over-flow capacity for coral emergency response and restoration using other existing KML seawater systems will be billed at posted KML rates. DEP Agreement No. 22CPRO1, Attachment 3,Page 4 of 12 Rev. 12.1.2023 1060 An onsite emergency backup generator, serviced and maintained by KML, will ensure life support is maintained to the KML seawater systems. The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Operations and maintenance of the systems will include KML staff support for daily and routine maintenance and administration, coral husbandry position for two years (50% effort), water quality monitoring and routine sampling, utilities costs to operate the system, purchasing any necessary equipment for replacements or repairs to ensure uninterrupted operations, purchase of supplies and consumables for cleaning and biosecurity,periodic veterinary inspections and services for coral health certifications, etc. Deliverables: The Grantee's subcontractor(KML)will submit: a) Daily work logs that document activities performed by support staff including routine maintenance (provided quarterly). b) Repair logs that document all repairs performed on the associated seawater systems and coral husbandry support(provided quarterly). c) Quarterly tracking and usage spreadsheet that documents the current operations of all DEP- supported seawater tables within KML seawater systems for the reporting period. Spreadsheet will include: I. Approved coral restoration entity and/or Principal Investigator ii. Number of tables and number of days used d) Quarterly water quality monitoring and sampling data(Excel spreadsheets): I. HOBO data logger — continuous water temperatures in representative seawater tables (note: HOBOS data downloaded at least monthly) ii. Daily Hand-held YSI data: water temp, % DO, salinity ppt,pH iii. Water quality test results: VOCs, phosphates, sulfates, and total nitrogen (sampled quarterly or once within each reporting period) e) A final report summarizing the operation and maintenance of systems (Note: final report must comply with Section 508 of the U.S.Rehabilitation Act(as amended),Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection).Final report will include the "Draft report" content from Task 1.1. Task 2: Infrastructure Expansion and Emergency Coral Transport Capability at/via Mote Marine Laboratory(Mote) The Grantee's subcontractor, Mote Marine Laboratory(Mote)will perform infrastructure expansion at the Elizabeth Moore International Center for Coral Reef Research and Restoration (IC2R3) (address: 24244 Overseas Highway, Summerland Key, FL 33042), a fully equipped marine science facility dedicated to marine research and education in the Lower Florida Keys(about 24 miles from Key West). Currently, this facility includes: • Category 5 hurricane resistant concrete building with 19,000 square feet of research labs, education classrooms, offices, and dormitories, vehicles and vessels, W1F1, and convenient access to Lower Florida Keys coral reef sites. • Approximately 40 Scientific, Education, Administrative, Facilities, and Life Support staff supporting IC2R3 - as well as coral restoration nurseries in Islamorada and Key Largo —and education/outreach locations at the History and Discovery Center in Islamorada and NOAA EcoDiscovery Center in Key West. DEP Agreement No. 22CPRO1, Attachment 3,Page 5 of 12 Rev. 12.1.2023 1061 • Field support for visiting scientists (d.gjgi I s oll v i s i l,.Q r s i f[ 2q). • Indoor and outdoor seawater systems, environmental control rooms, raceways and experimental tanks for mesocosm-level studies, including research on ocean acidification and climate change impacts to reef organisms (c!�ils on wetlab re.se.arch sy, • Molecular equipment to process and prepare samples for generation sequencing, genomics, metagenomics and transcniptomics (&.12.i I s oil i.l]i c rQ b i o I o..gy q1j.d 121 0 1 o..gy dj-...Y. 1212,). • Microbial supplies for molecular and culturable applications within the marine environment. • Carbonate chemistry laboratory for ocean acidification studies (details on.c 11 e 1.2]i sl� dly ............. lab and Climate and Acidification Ocear .Sinnflat 1 . ................... ........................................................................................................................................................................................................................................:...................0) • Eco-friendly design with solar panels, rainwater capture system, and high-efficiency heating and cooling (.1 E E 1.) G ol d c elti f-i e--4................. .................. ...................... The wide variety of research and education programs conducted at Mote's IC2R3 reflect the diversity of Mote's staff and experience. Current Mote programs with ongoing research at IC2R3 include: • Co r..a I Re e f R..e s to. 12.1.i ol.l. • Coral Reef Monitoringc�Asse�ssment • Coral health&Disease Research ............................................................................................................................................................................................................ • E�.!2!2 i C!21.2ay • ..M a.d.il e & [��..r e s w qt..el Agt,fact,fla.fre Research ...... .... ... . .. .... .. • 0 c e a i i A ci d i fi c a t i o i i Research ...................................................................................................................................................................................... Scientists at IC2R3 study coral reef communities' response to climate change impacts such as rising ocean temperatures and ocean acidification; investigate major coral disease outbreaks and the overall microbiome of microscopic life forms that can help or harm coral reefs; optimize coral reef restoration efforts with grazers studies and research on threatened and vulnerable species; assess the genetic diversity of native coral species, including the potential for genotypes (genetic varieties) with natural resilience to stressors, and more. Task 2.1: Supply Acquisition and Build-Out for New Land-Based Raceways Description: The supplies and miscellaneous/other items requested for this emergency coral infrastructure expansion will complement all the above-mentioned coral research and restoration resources and scientific expertise at Mote by adding a 20-raceway coral matrix(approximately 3ft x 3ft x 8ft and 350 gallons each)on the Mote owned IC2R3 property on Summerland Key. This Project will increase coral disturbance holding capacity to maintain basic life support needs, including separate/independent pumps, plumbing, electrical, and alarms required for appropriate coral health to maintain water treatment, flow, filtration, chemistry, temperature, and structure/shade-cloth for managing varying light needs for corals requiring temporary storage during emergency scenarios, such as in-situ water temperature and chemistry stress events, bleaching, disease, and storms. Funding will be used to support the purchase of all supplies and miscellaneous/other needed for buildout. The installation and buildout will be completed by Mote staff(not funded under this agreement). Once raceways become operational,they will continue to be maintained by existing trained/experienced Mote staff.Raceways will be marked with DEP,FCR, and Mote logos and will be prioritized for emergency coral rescue efforts. The use of these systems must be approved/authorized in writing by DEP throughout the duration of this agreement and in coordination with the DEP after agreement termination. Deliverables: The Grantee will submit: DEP Agreement No. 22CPRO 1, Attachment 3, Page 6 of 12 Rev. 12.1.2023 1062 a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in construction. b) Photos of area at IC2R3 before buildout of the 20-raceway matrix and associated life support systems. c) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. d) Photos of area at IC2R3 after buildout that show all 20-raceways and associated life support systems.Photos should show the DEP, FCR, and Mote logos being displayed on the new systems. e) Coordinate final site visit with DEP. f) Press Releases and/or Social Media posts after construction completion the 20-raceway matrix that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 2.2: Mobile "Live Hauler"Equipment Purchase and Build-Out Description: An approximately 1,200-gallon, 30 ft "live hauler" trailer will be purchased with independent mobile ability, towed via an existing Mote pickup truck 5'-wheel, with full coral life support systems (condensed mobile version to raceway matrix above —i.e. generator power, mobile filtration and heat pump, and divided spaces for biosecurity). This "live hauler" trailer will be used to transport corals from all restoration partners across the Florida Keys or to the mainland as needed for emergency safe storage or restoration purposes. This equipment purchase will become the property of the Grantee's subcontractor, Mote Marine Laboratory. Additional supplies/equipment needed for the build-out and outfitting of the "live hauler" trailer will not be funded under this agreement. The initial fabrication of the trailer will be done by Oceans Design and any final installation and buildout will be completed by Mote staff (not funded under this agreement). Additionally, the "live hauler"will also be marked with DEP, FCR and Mote logos on the exterior(unless otherwise noted by DEP) and will be prioritized for emergency coral rescue. Deliverables: The Grantee will submit: a) Purchase of the equipment ("live hauler" trailer) as evidenced by: Purchase order(s), vendor invoice(s), and pictures of equipment purchased. Completed Property Reporting Form, DEP 55- 211 (Exhibit B)with invoice copy. b) Photos of"live hauler". c) Press Releases and/or Social Media posts after construction completion the "live-hauler" that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3: Infrastructure expansion at the University of Miami Task 3 will expand land-based infrastructure at the University of Miami's (UM) facilities on Virginia Key for the purpose of holding/propagating future rescue corals in anticipation of the need for rapid disturbance response. UM will design, build, and commission the systems, and then use them to maintain and propagate rescued corals as needed. When not in use for rescue corals, UM will utilize these tanks for routine (non-emergency) propagation pipelines with the understanding that they must be available for rescue corals at short notice, as needed. In these situations, the use of these tanks will be approved/authorized in writing by DEP throughout the duration of the Project. UM will construct a new—2,500 sq. ft. shade house to accommodate this expansion. The shade house DEP Agreement No. 22CPRO1, Attachment 3,Page 7 of 12 Rev. 12.1.2023 1063 will be installed on an elevated gravel bed with retaining walls and buried plumbing and electrical supply. The shade house is a curved-roof construction(bow house) consisting of 50% shade-cloth and a poly liner to shield from rain. The facility will comprise thirty(30)recirculating aquaculture systems (RAS) in six (6) independent arrays of five tanks (30 tanks total). Initially, fifteen (15) propagation tanks will be built out in an existing expansion area and fifteen(15)propagation tanks in the new shade house. However, as the facility continues to expand, we will eventually consolidate all thirty disturbance response tanks into the new shade house that will be dedicated for this use. Each 115-gal tank is approx. 8'x3'xl' in dimensions,with a growable area of—25 sq. ft. (750 sq. ft.in total). Each 5-tank array is connected to a 185-gallon sump connected to a 3 hp heater/chiller unit, and each sump incorporates an internal protein skimmer. Pumps continually circulate water through each 5-tank array and temperatures are maintained to within loF.Volume of each 5-tank system totals—760 gallons,including plumbing, tanks, and sump. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Seawater will be replaced in each system on a weekly basis (-200 gal/week per 5-tank array, approx. 20%). Seawater is sourced locally from Bear Cut, passes through settlement tanks, sand filters, and a UV sterilizer and will be ozonated and degassed prior to being used as replacement water in coral tanks. The recirculation loop on each 5-tank system will also include an in-line UV unit to ensure continued sterilization on an ongoing basis. Task 3.1: Purchase and Install First 15 Tanks and Associated Life Support Description: Three arrays of 5 tanks each(15 tanks total)will be installed in an expansion area in our existing shade house. Installation and buildout will be completed by UM staff, assisted by the same sub-contractor(Full Spectrum Aquaculture) who installed the existing tank arrays in the shade house. Once construction is completed, tanks are allowed to condition for two weeks to allow residues/PVC glues to dissipate, and to test temperature control and water quality. After this period, corals are introduced to the tanks, where they will be maintained by UM staff. Raceways will be marked with DEP,FCR,and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts. The use of these systems for non-emergency use must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in the buildout(provided quarterly). b) Quarterly Project Management Report documenting the progress of installation and milestones completed to date.Report shall include 1-3 photos documenting the progress of installation.Report may be provided as part of the Exhibit A Progress Report. c) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems and signage/logos detailed above. d) Social Media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.2: Site Preparation, Construction of Shade house, and Installation of Second 15 Tanks and Associated Life Support Description:UM will undertake site preparations and installation of a new shade house at an expansion site adjacent to UM/Experimental Hatchery.This shade house will accommodate the second set of three DEP Agreement No. 22CPRO1, Attachment 3,Page 8 of 12 Rev. 12.1.2023 1064 5-tank arrays. Site preparation, electrical/plumbing hookups, and shade house installation will all be undertaken by contractors/suppliers/vendors.Installation and buildout of tanks and life support will be completed by UM staff assisted by the same contractor(Full Spectrum Aquaculture) who installed all existing tank arrays. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Once raceways become operational, they will be maintained by UM staff. Raceways will be marked with DEP, FCR, and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts.The use of these systems must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) Map of site and planned construction area/designs. b) Copies of any permits for construction and buildout,if any required c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly) d) Quarterly Project Management Report documenting the progress of construction and milestones completed to date including site prep, plumbing, system buildout, shade house construction, and electrical. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. e) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems including signage/logos detailed above. f) Social media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.3: System Operations and Maintenance Description: UM will incorporate the newly constructed DEP Coral Response Seawater Systems into the operations and maintenance of its existing coral facility to ensure life support for corals and associated organisms. Current protocols at the University of Miami's facility include the following: Husbandry Protocols • Husbandry lists are completed daily with such activities as feeding, health examinations, water parameter monitoring, equipment checks, maintenance, isolation and treatment of new arrivals as well as various other essential tasks logged in a database. Open-up, daily and close-up activities are conducted, logged, and initialed to establish a record and degree of accountability. • All equipment is inspected upon arrival, and when leaving the facility at the end of the day. All aquarium systems are monitored 24/7/365 via temperature sensors. Should the temperature rise or fall outside of the designated range for that system, alerts are sent out via email and text message to a list of accountable staff members responsible for responding to, assessing, and addressing the alerts accordingly. • Aquariums and raceways are cleaned on a weekly basis.Native invertebrates such as snails,hermit crabs, and sea urchins are also used to aid in the reduction of nuisance algae growth. The platforms and plugs/tiles that coral fragments and colonies are held on are cleaned twice weekly to remove algae, filter feeding pests, and other items that accrue over time. Routine Health Assessment • A census of the different coral size classes is conducted daily, with any additional asexual fragmentation conducted and added to a running inventory list. A full inventory log is conducted quarterly to confirm these quantities. DEP Agreement No. 22CPRO1, Attachment 3,Page 9 of 12 Rev. 12.1.2023 1065 • Coral condition is monitored routinely, with practitioners performing health checks as part of the daily husbandry list. Observations include coral coloration, polyp extension (or lack of), new growth, signs of stress, and other factors. This assessment typically occurs multiple times per day by multiple staff members to ensure that all corals are inspected by multiple observers. • In cases of mortality, a loss of life analysis is conducted. This analysis consists of a full examination of the conditions surrounding the mortality. Factors of note include: observing corals sharing the same aquarium/water system, checking husbandry logs for irregularities, testing of water parameters for anything outside of acceptable range, etc. Any mortality is logged to identify any patterns of loss and update inventory,recording the species,genotype, and tank in which it was being held, as well as any supplemental information available for that individual. Water Quality Analyses • Daily: - Alkalinity, salinity, and temperature are monitored daily for each aquarium system. Salinity and temperature are measured using electronic HANNA probes that are calibrated monthly. Alkalinity is recorded via Red Sea alkalinity test kits. Target ranges for these parameters are as follows: Alkalinity 7-9 dKH, Temperature 74-85OF(adjusted seasonally), Salinity 1.024-1.027 relative specific gravity (32-36 ppt). - Oxidation-reduction potential(ORP) of ozonated supply water is observed at the start and end of day. The ozonation filtration system is equipped with automatic shutoff measures to safeguard against the dangers of straying above or below the required levels. After ozonation, incoming seawater passes through a carbon filter, and UV sterilizer to further ensure removal of any potentially hazardous ozone remaining in the water. Target range for ORP is 350-375 mV. • Weekly: - Ammonia,nitrite,nitrate,pH,phosphate,magnesium,calcium,and alkalinity are measured and recorded weekly for each system. Aquarium-grade kits are currently used for the testing of these parameters (API Saltwater Master Test Kit, Red Sea Foundation Pro Test Kit, HANNA Digital Phosphate Colorimeter). The equipment for this water quality monitoring is scheduled to be upgraded to spectrophotometric water sampling device to be kept on-site. - Target ranges for these parameters are as follows: Ammonia < 0.1 ppm, Nitrite < 0.1 ppm, Nitrate 0-5 ppm,pH 8.0-8.4,Phosphate <0.1 ppm (ideal range 0-0.03 ppm), Calcium 400-450 ppm,Magnesium 1200-1400 ppm, Alkalinity 7-9 dKH. • Monthly: - Water samples taken from each aquarium system are mailed out to an independent, off-site water quality laboratory (ICP Analysis). Reports consisting of the quantitative analysis of 56 different elements are received and compiled for detailed analysis of all aspects of mineral water quality. Incoming seawater and aquarium water are also routinely transported to an adjacent laboratory at the University of Miami's marine campus for analysis of bacterial content. We primarily monitor these minor parameters to assess changes in our incoming seawater supply that might affect or explain variation in the weekly parameters listed above. For this reason, we do not generally have a target range for these additional monthly parameters. Propagation and Transfer DEP Agreement No. 22CPRO1, Attachment 3,Page 10 of 12 Rev. 12.1.2023 1066 • Microfragmentation occurs when parent colonies and existing fragments have overgrown their substrate.Parental/genotype information is recorded on the plug of each fragment. Approximately 50-100 new fragments are produced weekly for research or outplanting purposes. • All transfer events are communicated between participating organizations with advanced planning and coordination with a licensed veterinary technician. Any corals arriving/departing from/to other coral facilities must have an inspection prior to transport. Proper documentation consisting of species, genotype, quantity, original collection point, and destination information is provided by/to the transferring and receiving facilities. • Any corals leaving the facility to be outplanted on nurseries or reefs require an additional veterinary inspection if they have been held on site for more than 30 days before they are permitted to leave the facility. Deliverables: The Grantee will submit: a) Spreadsheet containing daily, weekly, and monthly water quality data, as described above under "Water Quality Analyses" (provided quarterly). b) Spreadsheet documenting "routine health assessments", as described above (provided quarterly) c) Representative images (5-10) of the raceways/tanks in use. Images should clearly show the tanks are labelled/marked with the DEP logo (provided quarterly). d) Current inventory cataloguing corals/fragments currently in holding and which tank/system they are being held in(excel spreadsheet) (provided quarterly). e) Coordinate final site visit with the Department. f) A final report summarizing the Project completion and operation status will include water quality results (Note: final report must comply with Section 508 of the U.S. Rehabilitation Act (as amended), Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection). Final report will also include a summary from Task 3.1 and 3.2. VL PERFORMANCE MEAUSURES: The Grantee will submit all deliverables electronically for each task to the Department's Grant Manager on or before the Task Due Date listed in the PrQ]ect Timeline below. The Department's Grant Manager will review the task deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description,include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty(30)calendar days.Tasks may include multiple deliverables to be completed.The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single sub-task, where such subcomponent(s) are delivered to the Department at one hundred percent(100%) completion.A "full deliverable"is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single sub-task, all delivered to the Department at one hundred percent(100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent(100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single sub-task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided in writing. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. VIL CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding DEP Agreement No. 22CPRO1, Attachment 3,Page 11 of 12 Rev. 12.1.2023 1067 Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed. If the Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. VIIL PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager,the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter;the approved Exhibit A,Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A,Progress Report Forms,have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. IX. STATUS REPORTS: Quarterly status reports are due no later than forty-five (45)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30, and December 31. The final quarterly status report is due no later than August 15, 2026. X. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the PrQI ect Timeline.Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Task Start Task Due No. Task Title Budget Category DEP Amount Date Date Infrastructure Construction,Equipment Contractual Upon 1.1 Installation,and Build-Out of New DEP Services $559,283 Execution 12/31/2025 Seawater System Operation and Maintenance of existing Contractual Upon 1.2 KML-NSF System for coral emergency Services $430,717 Execution 6/30/2026 response efforts for two years Supply Acquisition and Build-Out for Contractual Upon 2.1 New Land-Based Raceways Services $357,000 Execution 6/30/2025 Mobile"Live Hauler'Equipment Contractual Upon 2.2 Purchase and Build-Out Services $165,000 Execution 6/30/2025 Purchase and Install First 15 Tanks and Contractual Upon 3.1 Associated Life Support Services $206,295 Execution 12/31/2024 Site Preparation,Construction of Shade Contractual 3.2 house,and Installation of Second 15 Tanks Services $392,119 8/1/2024 7/31/2025 and Associated Life Support 3.3 System Operations&Maintenance Contractual $389,518 1/l/2025 6/30/2026 Services Total: Fs2,499,932 DEP Agreement No. 22CPRO1, Attachment 3,Page 12 of 12 Rev. 12.1.2023 1068 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 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S.,If Applicable. For the purposes of this paragraph, the term"contract"means the "Agreement." If Grantee is a"contractor"as defined in section 119.070l(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: Li llic.servic sC )t"Iloridad �).,ov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofl Rev.4/27/2018 1069 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART L•FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internetathl.q)s://span xov/consenl/assistance listinxs. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 1070 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at la;lt::t s://are�:�s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at h(t;;:�://www lc stcl;;(c I1 a�� cicorllc/mdex,,;clrt State of Florida's website at h1.g)://www.n�ylloridcl.con�/, Department of Financial Services' Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aud�cn/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 11/8/2022 1071 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 be found at hltp:�://hrvest:er.cen a Gov/I' cwckr/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E.J. . P.5 i kA W d> el,.st,cl(e.fl..:.:ls B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(jj..jp.//fjaadj:1or..LYov)provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E.J. . P.5 i kA W d> el,.st,cl(e.fl.:.:ls 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 11/8/2022 1072 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations),Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS-DEP 55-215 revised 11/8/2022 1073 / / 2 \ o \ o G o \ \ # bu \ # bu \ \ � IZII Q'I a S \ \ \ \ \ � � ) \ / , \ ® _ © \ \ / \ ` % Q © 7 ƒ / IZII \ \ \ \ \ a \ c ® 3 e \ \ 5 5 0 0` c E / \ / on E � \ � � /a \ \ � /_ � ) � /a � /■ .2 Q � / y � PLO \ / PLO PLO M\ « { : 1074 E, O Ca 1c. uj Qj C.J Qj Qj o un Qj 7� Qj rn IQ, CZ Q Qj Qj k = Q S. cn Qj bp cn cn cn z E, z "tj o 7; 7; to to on lz 44 PLO PLO PLO C—,5 1075 ATTACHMENT 8 Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF)Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions,where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term"Recipient"shall mean"Grantee." Further,the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors, and to comply with the provisions of the award,the SURF implementing regulation,including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200),and all associated terms and conditions.Therefore,Grantees must include these requirements in all related subcontracts and/or sub- awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies The following provision is required if the Agreement is for more than$150,000.In addition to any of the remedies described elsewhere in the Agreement,if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules,or regulations,applicable to this Contract,the Non- Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above,do notpreclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunely Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color,religion, sex, sexual orientation,gender identity, or national origin. Such action shall include,but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Attachment 8 1 of 6 Rev.11/15/2022 1076 essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations, and relevant orders of the Secretary of Labor. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers,the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 6. Clean air Act(42 U.S. C. 7401-7671q.),the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387),and EPA Regulations If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Attachment 8 2of6 Rev.11/15/2022 1077 Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15).Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding$100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL,available at: rc2v/c �ly/1`orn�s/scn�ulc/`Fl l l 1 2 P V1.2.gdl`. . ....... ...... i. Grantees who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352.Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier,up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain;or enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as partof any system. See Section 889 of Public Law 115-232(National Defense Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must,to the greatest extent practical,give preference to the purchase, acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et seq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect;or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). Attachment 8 3of6 Rev.11/15/2022 1078 A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. C. The Recipient shall insert this clause,including this paragraph C,in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause,including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination(2 CFR§ 200.340) In accordance with 2 CFR §200.340,in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS).The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended(2 U.S.C. §1601 et seq.),prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant(and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225 (Oct. 6,2009),Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acguisitions Act of 1970 Where applicable,42 U.S.C. §§4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl, 2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. The FFATA legislation requires that information on federal awards(federal financial assistance and expenditures)be made available to the public via a single,searchable website,which is w w,....J; A. �er�g,;, v. Attachment 8 4of6 Rev.11/15/2022 1079 The Grantee agrees to provide the information necessary,within one(1)month of execution,for the Department to comply with this requirement. DEPARTMENT OF TREASURY-SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race,color,national origin,(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX),20 U.S.C. 1681 et seq., and the Department's implementing regulations,31 CFR 28; Age Discrimination Act of 1975,Public Law 94-135,42 U.S.C. 6101 et seq., and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964,as applicable,on an annual basis. This information may include a narrative descripting the recipient's compliance with Title VI,along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance All funds from SLFRF must be obligated by December 31,2024 and expended by December 31,2026. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects,the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date(month/year) ii. Projected/actual initiation of operation date(month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER$10 MILLION For infrastructure projects over$10 million,the following provisions apply: 1. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing,as determined by the U.S. Secretary of Labor in accordance with the Davis-Bacon Act,for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed.If the Grantee does not provide such certification,the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub-contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification;and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with the section 8(f)of the National Labor Relations Act(29 U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project Attachment 8 5of6 Rev.11/15/2022 1080 workforce continuity plan,detailing: i. How the Grantee will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses,injuries,and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market; and V. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement,with a description of any such agreement,if applicable. SLFRF WATER&SEWER PROJECTS For water and sewer projects,Grantees shall provide the following information to the Department once the project starts,as appliable: i. National Pollutant Discharge Elimination System(NPDES)Permit Number, for projects aligned with the Clean Water State Revolving Fund ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State Revolving Fund. Attachment 8 6of6 Rev.11/15/2022 1081 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A— Progress Report and Deliverable Submission Form DEP Agreement No.: 22CPR01 Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Grantee Grant Manager Name: Andrew Roltsch DEP Grant Manager Name: Kristi Kerrigan Re ortin Period: Provide the following information for all tasks identified in Attachment 3 Grant Work Plan: Summarize the work completed within each task for the reporting period.Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering from Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering from Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided Exhibit A,Page 1 of 2 Rev.2/29/2024 1082 previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager(Original Ink or Adobe Date Certified Signature) For DEP Internal Use Only This report and the specific deliverables described in this Progress Report and Deliverable Submission Form demonstrate that the work under the tasks outlined in this form was satisfactorily performed and are hereby approved in accordance with the reporting requirements of the above DEP Agreement number. Signature of DEP Grant Manager or Designee (Original Ink or Date Adobe Certified Signature) Exhibit A,Page 2 of 2 Rev.2/29/2024 1083 o a o N N Vf ++ E 0 N Q 0) Q > O m u L t O o a 00 L C N o v u V O > ca > t C U + m cu N O c f6 O +� O v CL > +� o ,•, c v U m nm U 'a Q m IIIIIIIIIIII Lu III a m C IIIII✓H ° III u C a o wc 0) Q II J G i U IIIIIII'I' Q _ Illllllllm E a L L IIII Q o au IIIII��IN Ill�w, o " o ra +� > O L N Q fL6LLI cu me. a Q s a to Inilnnn ,,,, N Q \ 0 CC6 J m L e�mnM" L Z C7 IIII L a L au CL III Nf 0 �' C H n nn Q C i M y. 0. II61 Z C \ W c n@muw EA IIIII✓H \ L OLL c C O C7 N L IId II�✓HIW s on II Q Q N O ++ m N N LU tO L U a m : c a IIIIII O .0 3 0 IIIIIIIIIIII C N L o a QJ 0) a v L II Q N N v O nnn�pm✓H M C N IIIIIIIIIIII O i L m en N f6 C v u v � w f6 O N C O O m C a C C •Q LL 0 Q o 75 a o U E ++ CA y- w N 0, � O L p N y_ Q u�— t O o w U aI N N L \ O 'C: L N Ov .r +� c c m Q 4 c — c o a� ca O a E i_ m 'C Q o Q- a, °J UtLo _ N U EA L a 0) 0) o O w ba a t +.� Z o v ca +� co Z w L C N L 0 � M + 3 — O C LM rCo L QQ c � C 0p a O ca c N > w o a o o � E 1084 0) u W cu o .� 0 o Q O U � F o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C7 C4 W o 0 0 0 0 0 0 0 0 W U A � � w x F $ 0 0 0 0 0 0 0 0 0 0 q W a W � C7 W oa 5 i H W ~ 4 ICI o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 q o 0 0 0 0 0 0 0 0 WF o 0 0 0 0 0 0 0 0 a O W q a a m a �" v .. � �, S a o •„ FO 1085 § \ \ t ) = f &, 69z k ® � ) 0 � � $ k § � & \ § @ ( � j 1086 EXHIBIT C PART 1 - GRANTEE CERTIFICATION I , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) , do hereby certify for (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. that: 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature Print Name Print Name Date Date 1087 % \\ tA cl � } ° 00 B / 00 � 7 ) CD w 6 CD IT zo 1088 pEFAP Florida Department of Environmental Protection 4yV fir w° EXHIBIT G PHOTOGRAPHER RELEASE FORM "FbrAE p� FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO:22CPR01 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: ( ) Email: License and Indemnification I certify that I 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. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-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 Environmental Protection.Uses may include,but are not limited to: 1. Promotion of FDEP (including,but limited to publications,websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental 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 I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release,hold harmless and indemnify the Florida Department of Environmental 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. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G,DEP Agreement#: 22CPR01 11/19/2021 Page 1 of 1 1089 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22CPRO I Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Subcontractor: Note:Submit separate Exhibit H Certification for each additional subcontractor. Prior to making a request for payment of contractual services, the Grantee must provide the 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 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; 4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant manager. 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 certify that the procurement process the Grantee utilized follows all of said Grantee's non- Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Rev.1.4.2024 1090 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. Monroe County Board of County Commissioners is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 1091 Total Compensation Paid to Non-Profit Personnel Using State Funds Name: Title: 22CPR01 Agency Agreement/Contract# Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In-Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date: 1092 FDP Cost Reimbursement Subaward Federal Awarding Agency: Pass-Through Entity (PTE): Subrecipient: PTE PI: Sub PI: PTE Federal Award No: Subaward No: Project Title: Subaward Budget Period: Amount Funded This Action (USD): $ Start: End: Estimated Period of Performance: Incrementally Estimated Total(USD): $ Start: End: Terms and Conditions 1. PTE hereby awards a cost reimbursable subaward, (as determined by 2 CFR 200.331), to Subrecipient. The Statement of Work and budget for this Subaward are as shown in Attachment 5. In its performance of Subaward work, Subrecipient shall be an independent entity and not an employee or agent of PTE. 2. Subrecipient shall submit invoices not more often than monthly and not less frequently than quarterly for allowable costs incurred. Upon the receipt of proper invoices, the PTE agrees to process payments in accordance with this Subaward and 2 CFR 200.305. All invoices shall be submitted using Subrecipient's standard invoice, but at a minimum shall include current and cumulative costs(including cost sharing), breakdown by major cost category, Subaward number, and certification, as required in 2 CFR 200.415(a). Invoices that do not reference PTE Subaward number shall be returned to Subrecipient. Invoices and questions concerning invoice receipt or payments shall be directed to the party's Contact, shown in Attachment 3A. 3. A final statement of cumulative costs incurred, including cost sharing, marked"FINAL" must be submitted to PTE's Contact, as shown in Attachment 3A, not later than 60 days after The final statement of costs shall constitute Subrecipient's final financial report. 4. All payments shall be considered provisional and are subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. 5. Matters concerning the technical performance of this Subaward shall be directed to the appropriate party's Principal Investigator as shown in Attachments 3A and 3B. Technical reports are required as shown in Attachment 4. 6. Matters concerning the request or negotiation of any changes in the terms, conditions, or amounts cited in this Subaward, and any changes requiring prior approval, shall be directed to the PTE's Contact and the Subrecipient's Contact shown in Attachments 3A and 3B.Any such change made to this Subaward requires the written approval of each party's Authorized Official as shown in Attachments 3A and 3B. 7. The PTE may issue non-substantive changes to the Budget Period(s)and Budget . Unilateral modification shall be considered valid 14 days after receipt unless otherwise indicated by Subrecipient when sent to Subrecipient's Contact, as shown in Attachment 3B. 8. Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees, officers, or directors, to the extent allowed by law. 9. Either party may terminate this Subaward with 30 days written notice. Notwithstanding, if the Awarding Agency terminates the Federal Award, PTE will terminate in accordance with Awarding Agency requirements. PTE notice shall be directed to the Contact, and Subrecipient notice shall be directed to the Contact as shown in Attachments 3A and 3B. PTE shall pay Subrecipient for termination costs as allowable under Uniform Guidance, 2 CFR 200, or 45 CFR Part 75 Appendix IX, as applicable 10. By signing this Subaward, including the attachments hereto which are hereby incorporated by reference, Subrecipient certifies that it will perform the Statement of Work in accordance with the terms and conditions of this Subaward and the applicable terms of the Federal Award, including the appropriate Research Terms and Conditions("RTCs")of the Federal Awarding Agency, as referenced in Attachment 2. The parties further agree that they intend this subaward to comply with all applicable laws, regulations, and requirements. By an Authorized Official of the PTE: By an Authorized Official of the Subrecipient: Name: Date Name: Date Title: Title: 1093 FDP DEC L Subaward Number: Attachment 1 Certifications and Assurances Certification Regarding Lobbying (2 CFR 200.450) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement in accordance with 2 CFR 200.450. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"to the PTE. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Debarment, Suspension,and Other Responsibility Matters (2 CFR 200.214 and 2 CFR 180) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief that neither the Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR 200.213 and 2 CFR 180. Audit and Access to Records Subrecipient certifies that it will provide PTE with notice of any adverse findings which impact this Subaward. Subrecipient certifies compliance with applicable provisions of 2 CFR 200.501-200.521. If Subrecipient is not required to have a Single Audit as defined by 200.501, Awarding Agency requirements, or the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and will provide access to such audits upon request. Subrecipient will provide access to records as required by parts 2 CFR 200.337 and 200.338 as applicable. Program for Enhancement of Contractor Employee Protections (41 U.S.0 4712) Subrecipient is hereby notified that they are required to: inform their employees working on any federal award that they are subject to the whistleblower rights and remedies of the program; inform their employees in writing of employee whistleblower protections under 41 U.S.0 §4712 in the predominant native language of the workforce; and include such requirements in any agreement made with a subcontractor or subgrantee. The Subrecipient shall require that the language of the certifications above in this Attachment 1 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Use of Name Neither party shall use the other party's name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this Subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described. Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment Pursuant to 2 CFR 200.216, Subrecipient will not obligate or expend funds received under this Subaward to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or(3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services (as described in Public Law 115-232, section 889) as a substantial or essential component of any system, or as a critical technology as part of any system. 1094 Indemnification. To the extent provided by law, the [Subrecipient Entity/USF]shall indemnify, defend, and hold harmless the Monroe County and the State of Florida, Department of Environmental Protection, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s)of[ENTITY/USF], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [Subrecipient ENTITY/USF] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [Subrecipient ENTITY/USF]to indemnify Monroe County for the negligent acts or omissions of Monroe County, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by[Subrecipient ENTITY/USF]to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement. The Subrecipient shall comply with the indemnification provisions under the DEP Grant Agreement, as set forth in Paragraph 18, Indemnification. Insurance Requirements. The Subrecipient Entity/USF shall comply with the insurance requirements as set forth in Attachment 2 (Paragraph 8. Insurance.)to the Grant Agreement. The Department and Monroe County shall be named as additional insured on the Certificate of Insurance. MAINTENANCE OF RECORDS Subrecipient Entity/USF shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR§200.333,whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to subrecipient Entity/USF pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the subrecipient Entity/USF, the subrecipient Entity/USF shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. The Subrecipient Entity/USF shall comply with provisions and may be required to submit forms and documentation as required and as outlined in the Grant Agreement and Attachments including but not limited to the provisions as set forth in Attachment 4-Public Records Requirements, Paragraph 22. Statutory Notices Relating to Unauthorized Employment and subcontract, and as set forth below: 1. Public Entity Crime Provisions 2. Discriminatory Vendors Provisions 3. Antitrust Violator Vendors Provisions 4. Scrutinized Companies Provisions A. For Contracts of any amount, if the County determines that the Subrecipient Entity/USF has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Subrecipient Entity/USF written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes,or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. B. For Contracts of $1,000,000 or more, if the County determines that the Subrecipient Entity/USF submitted a false certification under Section 287.135(5), Florida Statutes,or if the Subrecipient Entity/USF has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1)terminating the Agreement after it has given the Subrecipient Entity/USF written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes,or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. E-Verify System- Beginning January 1, 2021, in accordance with F.S. 448.095, the Subrecipient Entity and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 Ethics Clause. In accordance with Section 5 (b)Monroe County Ordinance No. 010-1990 the following ethics clause; Subrecipient Entity warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the 1095 prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 1096 Attachment 2 Subaward Number Federal Award Terms and Conditions Required Data Elements Awarding Agency Institute (If Applicable) The data elements required by Uniform Guidance are incorporated Federal Award Issue Date FAIN Assistance Listing No. This Subaward Is: Assistance Listing Program Title (ALPT) Research & Development Subject to FFATA Key Personnel Per NOA General Terms and Conditions By signing this Subaward, Subrecipient agrees to the following: 1. To abide by the conditions on activities and restrictions on expenditure of federal funds in appropriations acts that are applicable to this Subaward to the extent those restrictions are pertinent. This includes any recent legislation noted on the Federal Awarding Agency's website: 2. 2 CFR 200 3. The Federal Awarding Agency's grants policy guidance, including addenda in effect as of the beginning date of the period of performance or as amended found at: 4. Research Terms and Conditions, including any Federal Awarding Agency's Specific Requirements found at: except for the following a. No-cost extensions require the written approval of the PTE. Any requests for a no-cost extension shall be directed to the Contact shown in Attachment 3A, not less than 30 days prior to the desired effective date of the requested change. b. Any payment mechanisms and financial reporting requirements described in the applicable Federal Awarding Agency Terms and Conditions and Agency-Specific Requirements are replaced with Terms and Conditions(1)through (4)of this Subaward; and c. Any prior approvals are to be sought from the PTE and not the Federal Awarding Agency. d. Title to equipment as defined in 2 CFR 200.1 that is purchased or fabricated with research funds or Subrecipient cost sharing funds, as direct costs of the project or program, shall vest in the Subrecipient subject to the conditions specified in 2 CFR 200.313. e. Prior approval must be sought for a change in Subrecipient PI or change in Key Personnel(defined as listed on the NOA). 5.Treatment of program income: Special Terms and Conditions: Data Sharing and Access: Subrecipient agrees to comply with the Federal Awarding Agency's data sharing and/or access requirements as reflected in the NOA or the Federal Awarding Agency's standard terms and conditions as referenced in General Terms and Conditions 1-4 above. Data Rights: Subrecipient grants to PTE the right to use data created in the performance of this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Copyrights: to PTE an irrevocable, royalty-free, non-transferable, non-exclusive right and license to use, reproduce, make derivative works, display, and perform publicly any copyrights or copyrighted material(including any computer software and its documentation and/or databases)first developed and delivered under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Subrecipient grants to PTE the right to use any written progress reports and deliverables created under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its Federal Award. Promoting Objectivity in Research (COI): Subrecipient must designate herein which entity's Financial Conflicts of Interest policy(COI)will apply: If applying its own COI policy, by execution of this Subaward, Subrecipient certifies that its policy complies with the requirements of the relevant Federal Awarding Agency as identified herein: Subrecipient shall report any financial conflict of interest to PTE's Administrative Representative or COI contact, as designated on Attachment 3A. Any financial conflicts of interest identified shall, when applicable, subsequently be reported to Federal Awarding Agency. Such report shall be made before expenditure of funds authorized in this Subaward and within 45 days of any subsequently identified COI. 1097 The SUBRECIPIENT ENTITY/USF and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation,which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above$2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor,within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable,which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation,liability for unpaid wages,liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. §5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. §5.5 (b)(1), in the sum of 1098 $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. §5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. §5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. §5.5 (b)(1)through (4)and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. §5.5 (1)through (4). Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. Clean Air Act(42 U.S.C.7401-7671g.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387). Subrecipient Entity/USF agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q)and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387)and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended— applies to Contracts and subgrants of amounts in excess of$150,000. The Subrecipient Entity/USF agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Subrecipient Entity/USF agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension"and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory www.s n . authority other than Executive Order exclusions can a accessedrnn gc2v. Subrecipient Entity/USF is at............... required to verify that none of the contractor's principals(defined at 2 C.F.R. §180.935)or its affiliates (defined at 2 C.F.R. §180.905)are excluded (defined at 2 C.F.R. §180.940)or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment(31 U.S.C.&1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds$100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) Compliance with Procurement of recovered materials as set forth in 2 CFR§200.323. SUBRECIPIENT ENTITY/USF must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, 1099 where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000-1 procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3.At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR 4 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Domestic preference for procurements as set forth in 2 CFR§200.322 The COUNTY and SUBRECIPIENT ENTITY/USF should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States(including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1)"Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Other Federal Requirements: Americans with Disabilities Act of 1990, as amended (ADA)—The SUBRECIPIENT ENTITY/USF will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the SUBRECIPIENT ENTITY/USF pursuant thereto. Disadvantaged Business Enterprise(DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its SUBRECIPIENT ENTITY/USF agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the SUBRECIPIENT ENTITY/USF and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. &200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the SUBRECIPIENT ENTITY/USF,with the funds authorized by this Agreement,seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the SUBRECIPIENT ENTITY/USF shall take the following affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance, as appropriate,of such organizations as the Small Business Administration and the 1100 Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. The Subrecipient Entity/USF shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subrecipient Entity/USF during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Energy Efficiency-SUBRECIPIENT ENTITY/USF will comply with the Energy Policy and Conservation Act(P.L. 94-163, 42 U.S.C. 6201-6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Subrecipient ENTITY/USF and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. SUBRECIPIENT ENTITY/USF and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),which prohibits discrimination on the basis of disabilities; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the SUBRECIPIENT ENTITY/USF, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,T C, agrees as follows: 1) The Subrecipient Entity/USF will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Subrecipient Entity/USF will take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Subrecipient Entity/USF agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Subrecipient Entity/USF will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient Entity/USF,state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Subrecipient Entity/USF will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,or is consistent with the Subrecipient Entity/USF's legal duty to furnish information. 4) The Subrecipient Entity/USF will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Subrecipient Entity/USF's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 1101 5) The Subrecipient Entity/USF will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Subrecipient Entity/USF will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Subrecipient Entity/USF's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations,or orders,this contract may be canceled, terminated or suspended in whole or in part and the Subrecipient Entity/USF may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Subrecipient Entity/USF will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient Entity/USF will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a Subrecipient Entity/USF becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the Subrecipient Entity/USF may request the United States to enter into such litigation to protect the interests of the United States. 1102 Work Involving Human or Vertebrate Animals (Select Applicable Options) No Human or Vertebrate Animals Human Subjects Data(Select One) Additional Terms 1103 Subaward Number: Attachment 3A Pass-Through Entity(PTE)Contacts PTE Information Entity Name: Legal Address: Website: PTE Contacts Central Email: Principal Investigator Name: Email: Telephone Number: Administrative Contact Name: Email: Telephone Number: COI Contact email (if different to above): Financial Contact Name: Email: Telephone Number: Email invoices? Yes No Invoice email (if different): Authorized Official Name: Email: Telephone Number: PI Address: Administrative Address: Invoice Address: 1104 Attachment 3B Subaward Number: Research Subaward Agreement Subrecipient Contacts Subrecipient Information for FFATA reporting Entity's UEI/DUNS Name: EIN No.: Institution Type: UEI /DUNS: Currently registered in SAM.gov: Yes No Parent UEI / DUNS: Exempt from reporting executive compensation: Yes No (if no, complete 38 pg2) Place of Performance Information for FFATA reporting Physical Address, City, State(if U.S.)and Country: U.S.Entities only(insert in kir Placec:il a�i��'e,�tin'�., le cin'eai°u:weq Congressional District: Zip Code+4: Zip Code Look-up Subrecipient Contacts Central Email: Website: Principal Investigator Name: Email: Telephone Number: Administrative Contact Name: Email: Telephone Number: Financial Contact Name: Email: Telephone Number: Invoice Email: Authorized Official Name: Email: Telephone Number: Legal Address: Administrative Address: Payment Address: 1105 FDP 313.1 JAN 2020 Subaward Number: Attachment 3B-2 Highest Compensated Officers Subrecipient: Institution Name: PI Name: Highest Compensated Officers The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1) Internal Revenue Code of 1986. Officer 1 Name: Officer 1 Compensation: Officer 2 Name: Officer 2 Compensation: Officer 3 Name: Officer 3 Compensation: Officer 4 Name: Officer 4 Compensation: Officer 5 Name: Officer 5 Compensation: 1106 Subaward Number: Attachment 4 Reporting and Prior Approval Terms Subrecipient agrees to submit the following reports (PTE contacts are identified in Attachment 3A): Technical Reports: Monthly technical/progress reports will be submitted to the PTE's within days of of the end of the month. Quarterly technical/progress reports will be submitted within 30 days after the end of each project quarter to the PTE's Annual technical/progress reports will be submitted within days prior to the end of each budget period to the PTE's . Such report shall also include a detailed budget for the next Budget Period, updated other support for key personnel, certification of appropriate education in the conduct of human subject research of any new key personnel, and annual IRB or IACUC approval, if applicable. A Final technical/progress report will be submitted to the PTE's within days of the end of the Project Period or after termination of this award, whichever comes first. Technical/progress reports on the project as may be required by PTE's in order for the PTE to satisfy its reporting obligations to the Federal Awarding Agency. Prior Approvals: Carryover: Other Reports: In accordance with 37 CFR 401.14, Subrecipient agrees to notify both the Federal Awarding Agency via Edison and PTE's within 60 days after Subrecipient's inventor discloses invention(s) in writing to Subrecipient's personnel responsible for patent matters. The Subrecipient will submit a final invention report using Federal Awarding Agency specific forms to the PTE's within 60 days of the end of the Project Period to be included as part of the PTE's final invention report to the Federal Awarding Agency. A negative report is required: Property Inventory Report (only when required by Federal Awarding Agency), specific requirements below. Additional Technical and Reporting Requirements: 1107 Subaward Number: Attachment 5 Statement of Work, Cost Sharing, Indirects & Budget Statement of Work Below Attached, pages If award is FFATA eligible and SOW exceeds 4000 characters, include a Subrecipient Federal Award Project Description Budget Information Indirect Information Indirect Cost Rate (IDC)Applied % Cost Sharing Rate Type: If Yes, include Amount: $ Budget Details Below Attached, pages Budget Totals Direct Costs $ Indirect Costs $ Total Costs $ All amounts are in United States Dollars 1108 Subaward Number: Attachment 6 Notice of Award (NOA) and any additional documents The following pages include the NOA and if applicable any additional documentation referenced throughout this Subaward. Not incorporating the NOA or any additional documentation to this Subaward. 1109 MONROE COUNTY GRANTSUBCONTRACT KEYS MARINE LABORATORY ATTACHMENT 5 SUBCONTRACTOR STATEMENT OF WORK AND REPORTING REQUIREMENTS L PROJECT TITLE: Operation & Maintenance of Existing KML Seawater Systems for Coral Emergency Response and Coral Restoration Effort for 2-Years (16 tables): Monroe County Coral Resilience Project IL PROJECT LOCATION(S): Keys Marine Laboratory, 68486 US-1, Layton, FL 33001 City of Layton within Monroe County; Lat/Long (24.825901,-80.814207) III. SCOPE OF WORK Monroe County will provide funding for Keys Marine Laboratory for the operation and maintenance of sixteen(16) 240-gal tables within existing temperature-controlled KML Seawater Systems to ensure land-based capacity and availability to support coral emergency responses and coral restoration activities e.g. coral holding,propagation, and grow-out(two I-year periods). DEP will provide approval to KML for use of the 16 prioritized tables for coral response and restoration within 48-hours of need. Tables funded under this Project(16)will be reserved for DEP approved usage and costs for such operation will be billed regardless of total number of tables used in any given month over the course of the project period. Over-flow capacity for coral emergency response and restoration using additional tables in existing KML SW systems will be billed at posted KML rates. An onsite emergency backup generator, serviced and maintained by KML,will ensure life support is maintained to the KML seawater systems. The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state,and federal requirements. Operations and maintenance of the systems will include KML staff support for daily and routine maintenance and administration, coral husbandry position for two years (50% effort),water quality monitoring and routine sampling,utilities costs to operate the system,purchasing any necessary equipment for replacements or repairs to ensure uninterrupted operations,purchase of supplies and consumables for cleaning and biosecurity,periodic veterinary inspections and services for coral health certifications, etc. Deliverables and Reporting Timeline KML will provide to Monroe County Quarterly Reports including the following information: a) Daily work logs that document activities performed by support staff including routine maintenance (provided quarterly). b) Repair logs that document all repairs performed on the associated seawater systems and coral husbandry support(provided quarterly). c) Quarterly tracking and usage spreadsheet that documents the current operations of all DEP- supported seawater tables within KML seawater systems for the reporting period. Spreadsheet will include: i. Approved coral restoration entity and/or Principal Investigator ii. Number of tables and number of days used 1110 d) Quarterly water quality monitoring and sampling data(Excel spreadsheets): i. HOBO data logger—continuous water temperatures in representative seawater tables (note: HOBOS data downloaded at least monthly) ii. Daily Hand-held YSI data: water temp, % DO, salinity ppt,pH iii. Water quality test results: VOCs,phosphates, sulfates, and total nitrogen(sampled quarterly or once within each reporting period) e) A final report summarizing the operation and maintenance of systems. (Note: final report must comply with Section 508 of the U.S. Rehabilitation Act(as amended), Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assitance provided by the DEP's Office of Resilience and Coastal Protection). Final report will be submitted by Sponsor with draft report from Task 1.1 in Master Agreement. Quarter Dates Deliverable(s) Report Due Quarterly Report to include: a) Work Logs 1 July—September 2024 b)Usage Reports 10/30/2024 c)Water Quality Data Quarterly Invoice Quarterly Report to include: a)Work Logs 2 October—December 2024 b)Usage Reports 01/30/2025 c) Water Quality Data Quarterly Invoice Quarterly Report to include: a)Work Logs 3 January—March 2025 b)Usage Reports 04/30/2025 c) Water Quality Data Quarterly Invoice Quarterly Report to include: a)Work Logs 4 April—June 2025 b)Usage Reports 07/30/2025 c) Water Quality Data Quarterly Invoice Quarterly Report to include: a) Work Logs 5 July—September 2025 b)Usage Reports 10/30/2025 c) Water Quality Data Quarterly Invoice Quarterly Report to include: a) Work Logs 6 October—December 2025 b)Usage Reports 01/30/2026 c) Water Quality Data Quarterly Invoice Quarterly Report to include: a) Work Logs 7 January—March 2016 b)Usage Reports 04/30/2026 c) Water Quality Data Quarterly Invoice 8 Aril—June 2016 Final Report&Invoice 07/30/2026 1111 IV. PROJECT BUDGET AND JUSTIFICATION *See attached budget spreadsheet(s) —first budget spreadsheet is USF format, second is DEP format.Both budgets total same amount as justified below** Budget Justification PERSONNEL EXPENSES $210,388 Funds are requested to provide salary support to KML staff for effort dedicated to the maintenance and operation of 16 SW System tables within the existing infrastructure. Effort is included for KML Director, KML Operations Manager, Seawater Systems Manager, Sr. Biological Scientist, Biological Scientist, and Coral Husbandry staff. Effort has been calculated using each individual's annual/hourly rate for anticipated effort as shown on budget document. FRINGE BENEFITS $100,929 Fringe benefits for personnel have been calculated using the USF Fringe Benefit Pool Rate applicable for each employee based on their employment classification. The USF Fringe Benefit Pool Rates are: 32.2% for Faculty, 39.5% for Administrative (Exempt) Staff, 52.7% for Non-Exempt Staff, 6.3% for OPS/Temporary Staff. CONTRACTUAL SERVICES $0 No funds are requested for contractual services. TRAVEL $0 No funds are requested for travel. EQUIPMENT $18,000 Equipment will include two replacement pumps at a cost of$9,000 each. SUPPLIES $11,200 Funds are requested for the purchase of supplies,including but not limited to PVC fittings,regenerative blowers, sand filter,aquaculture pumps, and stainless-steel screws. OTHER EXPENSES $90,200 Funds are requested for miscellaneous supplies and other expenses to include but not limited to utilities (water, electric, solid waste, etc.), seawater processing equipment, vet health inspections, lab analysis for water quality testing (FIU CACHE Nutrient Lab), and shipping. INDIRECT COSTS $0 As indicated by Sponsor,no indirect costs are allowed on this project. TOTAL PROJECT COSTS $430,717 1112 PI Name ICindy Lewis Operation Maintenance o existing KML Seawater Systems or Cora Emergency Response an Cora Restoration Efforts or 2- Project Title Years(total 16 tables) Sponsor/Solicitation Number Monroe County Period of Performance 07/01/2024 -06/30/2026 No.of Years in Proposal 2 Indirect Cost Rate 0.0% Personnel Year 1 Year 2 Year 3 Year 4 Year S Year 6 TOTAL Cindy Lewis 18,900 19,467 0 0 0 0 38,367 Lisa Tipsword 17,185 17,700 0 0 0 0 34,885 Emily Becker 18,150 18,695 0 0 0 0 36,845 William Ferrell 15,125 15,579 0 0 0 0 30,704 Kyle Phillips 6,646 6,846 0 0 0 0 13,492 TED-Coral Husbandry 27,500 28,325 0 0 0 0 55,825 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 0 0 0 0 0 0 0 0 0 0 0 Fringe Benefits 1 49,8531 51,3471 01 01 01 0 101,200 Total Salary,Wages,and Fringe 1 153,3591 157,9581 01 01 01 0 311,317 Equipment 1 14,0001 9,0001 01 01 01 0 23,000 Travel 1.Domestic 1 01 01 01 01 01 0 0 2.Foreign 1 01 01 01 01 01 0 0 Participant Support Costs 1 01 01 01 01 01 0 0 Other Direct Costs 1.Materials&Supplies 10,100 10,100 0 0 0 0 20,200 2.Publication Costs 0 0 0 0 0 0 0 3.Contractual Services 0 0 0 0 0 0 0 FIU Cache Lab;WQ Samples 3,300 3,300 6,600 Vet Health Inspections 2,000 2,000 4,000 4.Computer Services 0 0 0 0 0 0 0 5.Subawards 0 01 0 0 0 0 0 6.Other 0 0 0 0 0 0 0 FKAA(water)-15% 9,600 9,600 19,200 FKEC(electric)-40% 20,000 20,000 40,000 Other Utilities 3,000 3,000 6,000 Postage 200 200 400 7.Non F&A Other 0 0 0 0 0 0 a.tuition(normally'other') 0 0 0 0 0 0 0 Subtotal,Other Direct Costs 48,2001 48,2001 0 96,400 Total Direct Costs 1 215,5591 215,1581 01 01 01 0 430,717 TOTALMTDC 1 215,5591 215,1581 01 01 01 0 430,717 Indirect Costs(F&A) 1 01 01 01 01 01 0 0 Total Direct&Indirect Costs 1 215,5591 215,1581 01 01 01 0 430,717 Residual Funds I I I I I 1 0 Amount of This Request 1 215,5591 215,1581 01 01 01 0 430,717 Cost Sharing 01 01 01 01 01 0 0 1113 nedda Depaltmentef8rdirenmenhdU"Yn on 0 IIRIIFP IIRUUIIMIIF'F--COS'IPA:NAIII,' IIIS IIFOIIIM PROJECT TITLE: Coral Propagation and Emergency Cora l Response Seawater System Infrastructure Expansion at Keys Marine Laborator _ Ctor.tT"e)n�fx lWdnfc..idtcx r,f AN vrrtmn II r^,(33%CICICbS+L+0%T,I,wtlh anti-dl WC fundin0 SUBCONTRACTOR BUDGET DETAIL COSTANALYSIS{for I71'.P 0,11) Budget items below to be provided bythe Contractor or Grantee.See attached instructions. Cost Analysis to be completed bythe Department Contract or Grant Manager.See attached instructions. COMMENTS 1.PERSONNEL EXPENSES %Allocation Allowable Reasonable Necessary (Basis for Decision) A.Salaries-(Name/Title/Position) Hourly Cost($) Hours Totals($) Cynthia Lewis,KML Director(20%effort) 50.48 832 = $ 37,742 Lisa Tipsword,Operations&Business Analyst(26.47%efforts 34.15 1101 = $ 37,599 Emily Becker,Seawater Facilities Manager(30%effort) 28.98 1248 = $ 36,167 William Ferrell,Sr.Biological Scientist(25%effort) 28.98 1040 = $ 30,139 Kyle Phillips,Biological Scientist(12.54%effort) 26.34 521.83 = $ 13,745 TBD,Coral Husbandry BioSci 50%effort 26.44 2080 = $ 54,995 Maintenance Tech(0%effort) 23.95 0 = $ Total Salaries $ 210,388 B.Fringe Benefits(Rate%"Total salaries applicable) Rate% Total Sal.App. Total$ Cynthia Lewis,KML Director(20%effort) 39.5% $37,742 $ 14,908 Lisa Tipsword,Operations&Business Analyst(26.47%effort) 39.5% $37,599 $ 14,852 Emily Becker,Seawater Facilities Manager(30%effort) 52.7% $36,167 $ 19,060 William Ferrell,Sr.Biological Scientist(25%effort) 52.7% $30,139 $ 15,883 Kyle Phillips,Biological Scientist(12.54%effort) 52.7% $13,745 $ 7,244 TBD,Coral Husbandry BioSci 50%effort 52.7% $54,995 $ 28,982 Maintenance Tech(0%effort) 23.95 $0 $ Total Fringe $ 100,929 Total Personnel Expenses(A+B) $ 311,317 $ 723,989 2.Contractual Services Description Fee/Rate$ Quantity Totals$ "fee/rate based on estimates/invoices for KMLSW expansionsln2020-2023 Total Contractual Services $ 3.Travel Per Fare/ Purpose/Destination Days Diem$ Rate$ Mileage Totals$ +I ] _ $ +( _ $ +( _ $ Total Travel $ 4.Equipment($5000 or more) Description Unit Cost$ Quantity Totals$ replacement pumps etc 9000 2 $ 18,000 _ $ Total Equipment $ 18,000 COMMENTS Allocation Allowable Reasonable Necessary (Basis for Decision) �5-Supplies(SEE SUPPLIES EXAMPLE TAB)($1000 or less/fee/rate) % Description Fee/Rate$ Quantity Totals$ PVC Fittings/repairs 2000 1 = $ 2,000 Regenerative Blower 700 1 $ 700 Sand Filter 1000 1 $ 1,000 Aquaculture Pumps 900 5 $ 4,500 Biosecurity chemicals 1500 2 $ 3,000 Total Supplies $ 11,200 IS.Miscellaneous/Other Expenses($1000-$5000) Description Unit Cost$ Quantity Totals$ Seawater processing equipment 5000 1 $ 5,000 FKAA(water)15% 9600 2 $ 19,200 FKEC(electric)40% 20000 2 $ 40,000 Other Utilities(garbage,solid waste,cable/internet)15% 3000 2 $ 6,000 FIU CACHE Nutrient Lab WQ Samples 3300 2 $ 6,600 Postage 200 2 $ 400 Vet Health Inspections 2000 2 $ 4,000 Other Supplies(operations) 4500 2 $ 9,000 Total Miscellaneous $ 90,200 SUBTOTAL()thru 6) $ 430,717 7.Overhead/Indirect(15%or lower) Rate% Base$ Total$ (Cost base excludes Section 2 and 4) 0.00%" $ _ $ 8.Total Budget $ 430,716.82 III [li,I I I rill] ll I(,![MW I certify that the cost for each line item budget category has been evaluated and determined to be allowable,reasonable,and necessary as required by Section 216.3475,Florida Statutes.Documentation is on file evidencing the methodology used and the conclusions reached. Name: Signature: Title: Date: DEP 55-229 1114 Rev.9-03-2020 1 of 1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Coral Resilience Project 22CPRO1 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Board of County Commissioners Entity Type: Local Government Grantee Address: 500 Whitehead Street FEID: 59-6000749 Key West,FL 33040 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon execution 9/30/2026 4. Project Number: Project Location(s): Layton,Summerland Key,and Virginia Key (If differentfi-om AgreementNumbet) Project Description: The project will provide infrastructure support for corals in the event that evacuation and holding is necessary. 5. Total Amount of Funding: Funding Source? Award#s or Line-Item Appropriations: Amount per Sources : ❑ State [Z]Federal 152-D FY 21/22 2,500,000.00 $2 500 000.00 ❑ State []Federal ❑ State ❑Federal $ ❑ Grantee Match $ Total Amount of Funding+Grantee Match,if any: S 2,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Kristi Kerrigan Name: Andrew Roltsch or successor or successor Address: Coral Protection and Restoration Program Address: Monroe County 8000 N Ocean Dr. 1100 Simonton Street,Suite 2-213 Dania Beach, FL 33004 Key West, FL 33040 Phone: 561-681-6632 Phone: 305-292-4476 Email: Kristi.Kerrigan(a,FloridaDEP.gov Email: Roltsch-andrew(a,monroe-county-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements 0 Attachment 5: Special Audit Requirements ❑Attachment 6:Program-Specific Requirements ❑Attachment 7: Grant Award Terms(Federal) *Copy available at h11p //fact:.�.,.fllf�.,.ca,in accordance with section 215.985,F.S. 0 Attachment 8: Federal Regulations and Terms(Federal) ❑Additional Attachments(if necessary): 0 Exhibit A:Progress Report Form 0 Exhibit B:Property Reporting Form 0 Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo 0 Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 22CPR01 1115 Rev. 1/31._. ✓❑ Additional Exhibits(if necessary):Exhibit G:Photographer Release Form,Exhibit H:Contractual Services Certification;Exhibit K Non Profit Organization Compensation Form 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a 1 : Federal Award Identification Numbers (FAIN): SLFRP0125 Unique Entity Identifier(UEl): QKLSCT2LM7M9 Federal Award Date to Department: 2/4/2022 Federal Award Project Description: Monroe County Coral Resilience Project Total Federal Funds Obligated by this Agreement: 2,500,000.00 Federal Awarding Agency: U.S. Department of Treasury Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Monroe County Board of County Commissioners GRANTEE Grantee Name By (AuthorizedSignature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Agreement No. 22CPR01 1 116 Rev. 1/31._. ORCP Additional Signatures DEP Grant Manager, Kristi Kerrigan DEP QC Reviewer, Hanna Tillotson Grantee may add additional signatures below, if needed. 1117 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal, and other written communication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of13 Rev.9/15/2023 1118 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. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. 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 submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of13 Rev.9/15/2023 1119 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: hl-t;it s://www.aruyfloridacfo.com/does sl%acconullin n �u��flilang Iibr�ri€,./stet€::;., c�Zencies/rel`erence aide for st., e:yj)en&1aare� n)all`. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee may request from the Department that all invoice payments (i.e.,cost reimbursement)under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity"under subsection 288.0656(2),F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c),F.S.; iii. Grantee's performance has been verified by the Department,which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s),rule(s)and regulation(s)allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law,rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: I�(t;;:�s://fr;k� or /coaaaaaaanla( plci;rlr�ca�g ctrld Of GrpRor(aanity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a non-profit organization under section 215.97(2)(m),F.S.,Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1 3of13 Rev.9/15/2023 1120 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website,if Contractor maintains a website. h. 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. i. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. 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: I�(t;,:�s://www.n�ylloridacl`o.com/division/c c/local t oven�n�en(s/N�rd em n( in{crest rates. 1. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salaa/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price Attachment 1 4 of 13 Rev.9/15/2023 1121 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, 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 reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31.The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work 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. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1 5of13 Rev.9/15/2023 1122 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1 6 of 13 Rev.9/15/2023 1123 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; 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; 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; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; 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 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 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, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole Attachment 1 7of13 Rev.9/15/2023 1124 discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized 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 following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1 8of13 Rev.9/15/2023 1125 not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. 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 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, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management 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. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA)-Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing 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 manufactured product has been established under applicable law or regulation; and Attachment 1 9of13 Rev.9/15/2023 1126 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 tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,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. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act,including the following provision: a. Signage Requirements a.Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: b.Procuring Signs: Consistent with section 6002 of RCRA,42 U.S.C. 6962,and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable.Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the official Investing in America emblem or EPA logo or seal)into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in section 287.135,F.S.Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions,then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347,F.S.,except that pursuant to the requirements of section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with sections 11.062 and 216.347,F.S. 28. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during Attachment 1 10 of 13 Rev.9/15/2023 1127 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 General Records Schedules maintained by the Florida Department of State (available at: hlt;;:�://dos.m Ilorida.com/lik�r� •archives/records m�na xemenk/xeneralrecords schedules�. 29. Audits. a. Inspector General. The Grantee understands its duty,pursuant to section 20.055(5), F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: rll;\I;s,la;. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1 11 of 13 Rev.9/15/2023 1128 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 not apply to agreements where payments are made purely on a cost reimbursement basis. 30. 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. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee, subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both 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. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. Attachment 1 12 of 13 Rev.9/15/2023 1129 37. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under 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. 38. 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 of any assignment,Grantee remains secondarily liable forperformance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 13 of 13 Rev.9/15/2023 1130 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22CPR01 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. The Project funded under this Agreement is Monroe County Coral Resilience Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pa. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. For purposes of this Agreement,the Grantee will be considered the owner of any nonexpendable and/or nonconsumable personal property or equipment costing$5,000 or more purchased for the completion of the Project under a subcontract.Upon satisfactory completion of this Agreement,the Grantee will require its subcontractor to account for and report on all nonexpendable and/or nonconsumable personal property or equipment purchased under its subcontract in accordance with the Grantee's financial reporting and inventory control requirements.Based on the subcontractor report,the Grantee will submit Exhibit B,Property Reporting Form,to the Department with any applicable requests for reimbursement.Nonexpendable and/or nonconsumable personal property or equipment purchased for the Project by a subcontractor is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72 and/or Chapter 691-73,F.A.C.,as applicable,and should be capitalized,when appropriate,in accordance with GAAP and the Grantee's financial reporting requirements.The following terms shall apply: a. The Grantee and/or its subcontractor(s)shall have use of the nonexpendable and/or nonconsumable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. Attachment 2 1 of 3 Rev.8/8/2023 1131 b. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the nonexpendable and/or nonconsumable personal property or equipment in good operating condition. c. The Grantee is responsible for any loss,damage,or theft of,and any loss,damage or injury caused by the use of,nonexpendable and/or nonconsumable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. d. The Grantee is responsible for keeping a current and accurate inventory of any nonexpendable and/or nonconsumable personal property or equipment in accordance with its financial reporting and inventory control requirements. The Department may request an annual copy of these inventory records for the life of the Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager.The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any 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. Attachment 2 2of3 Rev.8/8/2023 1132 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or 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 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) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 3of3 Rev.8/8/2023 1133 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22CPROI ATTACHMENT 3 I. PROJECT TITLE: Monroe County Coral Resilience Project IL PROJECT LOCATION(S): The Project will be located in the following locations: a. City of Layton within Monroe County—Lat/Long (24.825901, -80.814207) b. City of Summerland Key within Monroe County—Lat/Long (24.661389, -81.454444) c. Virginia Key within Miami-Dade County—Lat/Long (25.733870, -80.159474) III. PROJECT BACKGROUND: Florida's Coral Reef spans over 350 miles of continuous,diverse,coral reef ecosystems and is abeautiful,national treasure that supports an incredible amount of life in addition to providing jobs,protection, and enjoyment for millions of residents and visitors. In the summer of 2023,Florida's Coral Reef(FCR) experienced an extreme coral bleaching event,that resulted in significant mortality of several different coral species across FCR. In response, evacuation efforts and land-based holding of Endangered Species Act-listed species and stony coral tissue loss disease susceptible species proved to be necessary to preserve genetic diversity for future propagation efforts. This mass movement and temporary holding of corals from in-situ nurseries to ex-situ holding facilities identified a gap in existing infrastructure for emergency response,which slowed our ability to move and hold corals efficiently. Coral bleaching has been occurring more frequently over the past few decades, and some level of bleaching has occurred every year since 2011. In July 2023,NOAA recorded the highest South Florida sea temperatures (35°C/95°F) since in-water measurements started in 1981. In addition, FCR has seen outbreaks of disease,most notably the outbreak of stony coral tissue loss disease in 2014 which is now endemic to the entirety of the reef and affects over 23 different stony coral species.Understanding that major disturbance events such as bleaching or disease outbreaks will continue to happen,it is important to have precautions in place to facilitate a rapid response when necessary, including the development of and maintenance of holding facilities specifically designated for emergency response. IV. PROJECT DESCRIPTION: The Monroe County Board of County Commissioners (Grantee) will conduct the Monroe County Coral Resilience Project (Project). The overall goal of this Project is to provide infrastructure support for corals in the event that evacuation and holding is necessary. The Grantee will sub-contract Keys Marine Laboratory,Mote Marine Laboratory, and University of Miami to complete the work. This Project fulfills the emergency assistance request of the Florida's Coral Reef Resilience Program (FCRRP) and is consistent with State of Florida Restoration Priorities for Florida's Coral Reef. 2021- 2026 and Florida's Bleaching Response Plan. The outcomes of this Project will be incorporated into the disturbance response efforts which seeks to improve understanding about the scale and severity of the disturbance on Florida's Coral Reef, identify management actions to remediate impacts, restore affected resources, and ultimately propagate thermally and disease tolerant species. As such, collaboration amongst partners is encouraged when appropriate to avoid duplication of efforts and ensure alignment of needs. Coordination with other partners is recommended, as appropriate. DEP Agreement No. 22CPRO1, Attachment 3,Page 1 of 12 Rev. 12.1.2023 1134 V. TASKS AND DELIVERABLES: Task 1: Infrastructure Expansion and Coral Holdine at Keys Marine Laboratory Task 1 will add land-based capacity for coral (and other associated reef organisms) by providing life support for holding, propagation, and to facilitate a rapid emergency response. This work will be completed by the Keys Marine Laboratory (KML) under this Project and will include Project Management to design, plan, acquire permits as necessary, coordinate construction, and complete startup of the land-based DEP Coral Response Seawater System (Figure 1). Is l. D�' i do a r✓ r/% /� �WM Figure 1. Site map of Keys Marine Laboratory and location ofproposed DEP seawater system. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of South Florida (USF) as host institution for Florida Institute of Oceanography (FIO) (also known as Keys Marine Laboratory) (Tasks 1.1). The Florida Keys are in an area of high hurricane activity.Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Task 1 will also provide support for the operation and maintenance of sixteen (16) 240-gal seawater tables within existing KML System for coral emergency response efforts and coral restoration activities for two years (Task 1.2). Tables within KML SW systems will be maintained and operated by KML and prioritized for use by the coral restoration community with advanced notice, approval, and scheduling. Coral restoration practitioners will follow the approval process to be determined by DEP. DEP will provide approval to KML for use of the sixteen (16) DEP-supported tables for coral response and restoration within 48-hours. DEP Agreement No. 22CPR01, Attachment 3,Page 2 of 12 Rev. 12.1.2023 1135 Task 1.1: Infrastructure Construction, Equipment Installation, and Build-Out of New DEP Seawater System (Keys Marine Laboratory) Description The Grantee's subcontractor(KML)will act as Project Manager to oversee the planning, coordination, and construction of the expanded seawater system. Supplies, equipment, and other miscellaneous materials will be purchased in order to complete the expansion. All equipment, assets, supplies and other miscellaneous materials purchased for and used in the construction, installation or build-out of this system will be become the property of the University of South Florida(USF) as host institution for FIO. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation, retaining wall installation to stabilize tank farm and drain fields, any necessary concrete construction,gravel for final grading and finishing,and shade structure installation. All necessary construction permits will be acquired by KML. KML staff will install life support equipment,tanks,plumbing, and miscellaneous equipment. Seawater table capacity: Up to 5,700-gal temperature-controlled(up to 20 fiberglass tables, 240- gal or equivalent), 1 Ogpm flow rates for system turnover every 4 hours or 6 times per day. Coral tank farm footprint:Figure 2.Two greenhouse shade structures with 80%shade cloth(total 2,800 sq ft„ 30' x 40' and 40' x 30'),raised perimeter retaining wall to stabilize gravel over drain fields, concrete pad to support two seawater reservoirs (1700-gal each), one heater/chiller unit(5- ton to maintain temperature-controlled seawater). Water source: Seawater will be supplied from an existing seawater well and treatment plant which has been in operation for more than ten years.Water quality has been monitored and tested regularly in accordance with Best Available Practices and Association of Zoos and Aquarium (AZA) recommendations. Upon completion of construction,water flow will be established and KML staff will work through the required testing and monitoring to ensure the system is fully functional,water flow can be maintained, and water conditions are suitable to support corals. The process of Commissioning the System will last a minimum of eight(8)weeks and is outlined below.Proper commissioning of the system is an absolute requirement to ensure functionality and suitable conditions can be maintained. Commissioning of the system (steps and data collection): 1. Daily water quality parameters will be monitored and collected with a YSI handheld sonde (minimum 3 weeks). This will include pH, salinity, 02, and temperature. 2. Weekly water quality parameters will be tested with aquaculture grade water quality testing kits (minimum 3 weeks). This will include ammonia, nitrite,nitrate,phosphates, copper. 3. Three (3) weeks after the system is operational, water samples will be collected at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab to test for VOCs,phosphates, sulfates, and total nitrogen. 4. Test live corals: Pending results of off-site water quality tests, live test corals will be held in the system for a minimum of two (2)weeks to ensure suitable water conditions have been met. Upon completion of construction,the system will have a unique designation agreed upon by all parties. The new system will include signage with logos including but not limited to DEP,FCR,Monroe County and KML logos.Design of signage will be completed by KML and submitted to all partners for review and approval prior to installation. DEP Agreement No. 22CPR01, Attachment 3,Page 3 of 12 Rev. 12.1.2023 1136 Although not funded under this agreement, the new system will be prioritized for emergency coral rescue efforts and coral restoration activities. If future support for operations and maintenance is provided by DEP, this system will be reserved for use by DEP. If funded by DEP, use of this system will be approved/authorized in writing by DEP to KML for coral response and restoration within 48- hours of use. Deliverables: The Grantee's subcontractor(KML)will submit: a) Milestone Timeline with estimated period of work for KML seawater system Project construction and completion. b) Seawater System schematic and map of design plan. c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly). d) Copies of all acquired permits for construction and buildout. e) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. f) Representative (5-10) photos of DEP SW system once construction is complete that shows the signage and logos detailed above. g) Social media post with 1-2 photos and 1-3 sentences highlighting the buildout/construction of the new system. Post should acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection and partnership with Monroe County. h) Water quality data during the commissioning of the SW system: i. Daily collection of pH, salinity, 02, and temperature (minimum of 3 weeks); ii. Weekly collection of ammonia, nitrite,nitrate,phosphates, and copper(min of 3 weeks); in. One-time collection of water samples at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab for VOCs,phosphates, sulfates, and total nitrogen; and iv. Summary of observations and applicable in-tank water test results from the final two week 'water quality specimen holding test' which ensures water quality parameters remain consistent to reef quality and KML existing system parameters after the introduction of specimens. i) Coordinate final site visit with the DEP. j) Draft report language summarizing the Project completion and operation status and will include water quality results and outcomes of test corals. Note: draft report will be integrated into Final report as part of Task 1.2. Task 1.2: Operation and Maintenance of existing KML Seawater Systems for coral emergency response and coral restoration efforts for two years (total 16 tables) Description: The Grantee will provide funding to KML for the operation and maintenance of sixteen (16)240-gal tables within existing temperature-controlled KML seawater systems to ensure land-based capacity and availability to support coral emergency responses and coral restoration activities e.g.coral holding,propagation, and grow-out(two I-year periods). DEP will provide approval to KML for use of the 16 prioritized tables for coral response and restoration within 48-hours of need. Tables funded under this Project (16) will be reserved for DEP approved usage and costs for such operation will be billed regardless of the total number of tables used in any given month over the course of the Project period. Over-flow capacity for coral emergency response and restoration using other existing KML seawater systems will be billed at posted KML rates. DEP Agreement No. 22CPRO1, Attachment 3,Page 4 of 12 Rev. 12.1.2023 1137 An onsite emergency backup generator, serviced and maintained by KML, will ensure life support is maintained to the KML seawater systems. The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Operations and maintenance of the systems will include KML staff support for daily and routine maintenance and administration, coral husbandry position for two years (50% effort), water quality monitoring and routine sampling, utilities costs to operate the system, purchasing any necessary equipment for replacements or repairs to ensure uninterrupted operations, purchase of supplies and consumables for cleaning and biosecurity,periodic veterinary inspections and services for coral health certifications, etc. Deliverables: The Grantee's subcontractor(KML)will submit: a) Daily work logs that document activities performed by support staff including routine maintenance (provided quarterly). b) Repair logs that document all repairs performed on the associated seawater systems and coral husbandry support(provided quarterly). c) Quarterly tracking and usage spreadsheet that documents the current operations of all DEP- supported seawater tables within KML seawater systems for the reporting period. Spreadsheet will include: I. Approved coral restoration entity and/or Principal Investigator ii. Number of tables and number of days used d) Quarterly water quality monitoring and sampling data(Excel spreadsheets): I. HOBO data logger — continuous water temperatures in representative seawater tables (note: HOBOS data downloaded at least monthly) ii. Daily Hand-held YSI data: water temp, % DO, salinity ppt,pH iii. Water quality test results: VOCs, phosphates, sulfates, and total nitrogen (sampled quarterly or once within each reporting period) e) A final report summarizing the operation and maintenance of systems (Note: final report must comply with Section 508 of the U.S.Rehabilitation Act(as amended),Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection).Final report will include the "Draft report" content from Task 1.1. Task 2: Infrastructure Expansion and Emergency Coral Transport Capability at/via Mote Marine Laboratory(Mote) The Grantee's subcontractor, Mote Marine Laboratory(Mote)will perform infrastructure expansion at the Elizabeth Moore International Center for Coral Reef Research and Restoration (IC2R3) (address: 24244 Overseas Highway, Summerland Key, FL 33042), a fully equipped marine science facility dedicated to marine research and education in the Lower Florida Keys(about 24 miles from Key West). Currently, this facility includes: • Category 5 hurricane resistant concrete building with 19,000 square feet of research labs, education classrooms, offices, and dormitories, vehicles and vessels, W1F1, and convenient access to Lower Florida Keys coral reef sites. • Approximately 40 Scientific, Education, Administrative, Facilities, and Life Support staff supporting IC2R3 - as well as coral restoration nurseries in Islamorada and Key Largo —and education/outreach locations at the History and Discovery Center in Islamorada and NOAA EcoDiscovery Center in Key West. DEP Agreement No. 22CPR01, Attachment 3,Page 5 of 12 Rev. 12.1.2023 1138 • Field support for visiting scientists (d.gjgi I s oll v i s i l,.Q r s i f[ 2q). • Indoor and outdoor seawater systems, environmental control rooms, raceways and experimental tanks for mesocosm-level studies, including research on ocean acidification and climate change impacts to reef organisms (c!�ils on wetlab re.se.arch sy, • Molecular equipment to process and prepare samples for generation sequencing, genomics, metagenomics and transcniptomics (&.12.i I s oil i.l]i c rQ b i o I o..gy q1j.d 121 0 1 o..gy dj-...Y. 1212,). • Microbial supplies for molecular and culturable applications within the marine environment. • Carbonate chemistry laboratory for ocean acidification studies (details on.c 11 e 1.2]i sl� dly ............. lab and Climate and Acidification Ocear .Sinnflat 1 . ................... ........................................................................................................................................................................................................................................:...................0) • Eco-friendly design with solar panels, rainwater capture system, and high-efficiency heating and cooling (.1 E E 1.) G ol d c elti f-i e--4................. .................. ...................... The wide variety of research and education programs conducted at Mote's IC2R3 reflect the diversity of Mote's staff and experience. Current Mote programs with ongoing research at IC2R3 include: • Co r..a I Re e f R..e s to. 12.1.i ol.l. • Coral Reef Monitoringc�Asse�ssment • Coral health&Disease Research ............................................................................................................................................................................................................ • E�.!2!2 i C!21.2ay • ..M a.d.il e & [��..r e s w qt..el Agt,fact,fla.fre Research ...... .... ... . .. .... .. • 0 c e a i i A ci d i fi c a t i o i i Research ...................................................................................................................................................................................... Scientists at IC2R3 study coral reef communities' response to climate change impacts such as rising ocean temperatures and ocean acidification; investigate major coral disease outbreaks and the overall microbiome of microscopic life forms that can help or harm coral reefs; optimize coral reef restoration efforts with grazers studies and research on threatened and vulnerable species; assess the genetic diversity of native coral species, including the potential for genotypes (genetic varieties) with natural resilience to stressors, and more. Task 2.1: Supply Acquisition and Build-Out for New Land-Based Raceways Description: The supplies and miscellaneous/other items requested for this emergency coral infrastructure expansion will complement all the above-mentioned coral research and restoration resources and scientific expertise at Mote by adding a 20-raceway coral matrix(approximately 3ft x 3ft x 8ft and 350 gallons each)on the Mote owned IC2R3 property on Summerland Key. This Project will increase coral disturbance holding capacity to maintain basic life support needs, including separate/independent pumps, plumbing, electrical, and alarms required for appropriate coral health to maintain water treatment, flow, filtration, chemistry, temperature, and structure/shade-cloth for managing varying light needs for corals requiring temporary storage during emergency scenarios, such as in-situ water temperature and chemistry stress events, bleaching, disease, and storms. Funding will be used to support the purchase of all supplies and miscellaneous/other needed for buildout. The installation and buildout will be completed by Mote staff(not funded under this agreement). Once raceways become operational,they will continue to be maintained by existing trained/experienced Mote staff.Raceways will be marked with DEP,FCR, and Mote logos and will be prioritized for emergency coral rescue efforts. The use of these systems must be approved/authorized in writing by DEP throughout the duration of this agreement and in coordination with the DEP after agreement termination. Deliverables: The Grantee will submit: DEP Agreement No. 22CPRO 1, Attachment 3, Page 6 of 12 Rev. 12.1.2023 1139 a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in construction. b) Photos of area at IC2R3 before buildout of the 20-raceway matrix and associated life support systems. c) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. d) Photos of area at IC2R3 after buildout that show all 20-raceways and associated life support systems.Photos should show the DEP, FCR, and Mote logos being displayed on the new systems. e) Coordinate final site visit with DEP. f) Press Releases and/or Social Media posts after construction completion the 20-raceway matrix that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 2.2: Mobile "Live Hauler"Equipment Purchase and Build-Out Description: An approximately 1,200-gallon, 30 ft "live hauler" trailer will be purchased with independent mobile ability, towed via an existing Mote pickup truck 5'-wheel, with full coral life support systems (condensed mobile version to raceway matrix above —i.e. generator power, mobile filtration and heat pump, and divided spaces for biosecurity). This "live hauler" trailer will be used to transport corals from all restoration partners across the Florida Keys or to the mainland as needed for emergency safe storage or restoration purposes. This equipment purchase will become the property of the Grantee's subcontractor, Mote Marine Laboratory. Additional supplies/equipment needed for the build-out and outfitting of the "live hauler" trailer will not be funded under this agreement. The initial fabrication of the trailer will be done by Oceans Design and any final installation and buildout will be completed by Mote staff (not funded under this agreement). Additionally, the "live hauler"will also be marked with DEP, FCR and Mote logos on the exterior(unless otherwise noted by DEP) and will be prioritized for emergency coral rescue. Deliverables: The Grantee will submit: a) Purchase of the equipment ("live hauler" trailer) as evidenced by: Purchase order(s), vendor invoice(s), and pictures of equipment purchased. Completed Property Reporting Form, DEP 55- 211 (Exhibit B)with invoice copy. b) Photos of"live hauler". c) Press Releases and/or Social Media posts after construction completion the "live-hauler" that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3: Infrastructure expansion at the University of Miami Task 3 will expand land-based infrastructure at the University of Miami's (UM) facilities on Virginia Key for the purpose of holding/propagating future rescue corals in anticipation of the need for rapid disturbance response. UM will design, build, and commission the systems, and then use them to maintain and propagate rescued corals as needed. When not in use for rescue corals, UM will utilize these tanks for routine (non-emergency) propagation pipelines with the understanding that they must be available for rescue corals at short notice, as needed. In these situations, the use of these tanks will be approved/authorized in writing by DEP throughout the duration of the Project. UM will construct a new—2,500 sq. ft. shade house to accommodate this expansion. The shade house DEP Agreement No. 22CPRO1, Attachment 3,Page 7 of 12 Rev. 12.1.2023 1140 will be installed on an elevated gravel bed with retaining walls and buried plumbing and electrical supply. The shade house is a curved-roof construction(bow house) consisting of 50% shade-cloth and a poly liner to shield from rain. The facility will comprise thirty(30)recirculating aquaculture systems (RAS) in six (6) independent arrays of five tanks (30 tanks total). Initially, fifteen (15) propagation tanks will be built out in an existing expansion area and fifteen(15)propagation tanks in the new shade house. However, as the facility continues to expand, we will eventually consolidate all thirty disturbance response tanks into the new shade house that will be dedicated for this use. Each 115-gal tank is approx. 8'x3'xl' in dimensions,with a growable area of—25 sq. ft. (750 sq. ft.in total). Each 5-tank array is connected to a 185-gallon sump connected to a 3 hp heater/chiller unit, and each sump incorporates an internal protein skimmer. Pumps continually circulate water through each 5-tank array and temperatures are maintained to within loF.Volume of each 5-tank system totals—760 gallons,including plumbing, tanks, and sump. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Seawater will be replaced in each system on a weekly basis (-200 gal/week per 5-tank array, approx. 20%). Seawater is sourced locally from Bear Cut, passes through settlement tanks, sand filters, and a UV sterilizer and will be ozonated and degassed prior to being used as replacement water in coral tanks. The recirculation loop on each 5-tank system will also include an in-line UV unit to ensure continued sterilization on an ongoing basis. Task 3.1: Purchase and Install First 15 Tanks and Associated Life Support Description: Three arrays of 5 tanks each(15 tanks total)will be installed in an expansion area in our existing shade house. Installation and buildout will be completed by UM staff, assisted by the same sub-contractor(Full Spectrum Aquaculture) who installed the existing tank arrays in the shade house. Once construction is completed, tanks are allowed to condition for two weeks to allow residues/PVC glues to dissipate, and to test temperature control and water quality. After this period, corals are introduced to the tanks, where they will be maintained by UM staff. Raceways will be marked with DEP,FCR,and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts. The use of these systems for non-emergency use must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in the buildout(provided quarterly). b) Quarterly Project Management Report documenting the progress of installation and milestones completed to date.Report shall include 1-3 photos documenting the progress of installation.Report may be provided as part of the Exhibit A Progress Report. c) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems and signage/logos detailed above. d) Social Media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.2: Site Preparation, Construction of Shade house, and Installation of Second 15 Tanks and Associated Life Support Description:UM will undertake site preparations and installation of a new shade house at an expansion site adjacent to UM/Experimental Hatchery.This shade house will accommodate the second set of three DEP Agreement No. 22CPR01, Attachment 3,Page 8 of 12 Rev. 12.1.2023 1141 5-tank arrays. Site preparation, electrical/plumbing hookups, and shade house installation will all be undertaken by contractors/suppliers/vendors.Installation and buildout of tanks and life support will be completed by UM staff assisted by the same contractor(Full Spectrum Aquaculture) who installed all existing tank arrays. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Once raceways become operational, they will be maintained by UM staff. Raceways will be marked with DEP, FCR, and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts.The use of these systems must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) Map of site and planned construction area/designs. b) Copies of any permits for construction and buildout,if any required c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly) d) Quarterly Project Management Report documenting the progress of construction and milestones completed to date including site prep, plumbing, system buildout, shade house construction, and electrical. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. e) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems including signage/logos detailed above. f) Social media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.3: System Operations and Maintenance Description: UM will incorporate the newly constructed DEP Coral Response Seawater Systems into the operations and maintenance of its existing coral facility to ensure life support for corals and associated organisms. Current protocols at the University of Miami's facility include the following: Husbandry Protocols • Husbandry lists are completed daily with such activities as feeding, health examinations, water parameter monitoring, equipment checks, maintenance, isolation and treatment of new arrivals as well as various other essential tasks logged in a database. Open-up, daily and close-up activities are conducted, logged, and initialed to establish a record and degree of accountability. • All equipment is inspected upon arrival, and when leaving the facility at the end of the day. All aquarium systems are monitored 24/7/365 via temperature sensors. Should the temperature rise or fall outside of the designated range for that system, alerts are sent out via email and text message to a list of accountable staff members responsible for responding to, assessing, and addressing the alerts accordingly. • Aquariums and raceways are cleaned on a weekly basis.Native invertebrates such as snails,hermit crabs, and sea urchins are also used to aid in the reduction of nuisance algae growth. The platforms and plugs/tiles that coral fragments and colonies are held on are cleaned twice weekly to remove algae, filter feeding pests, and other items that accrue over time. Routine Health Assessment • A census of the different coral size classes is conducted daily, with any additional asexual fragmentation conducted and added to a running inventory list. A full inventory log is conducted quarterly to confirm these quantities. DEP Agreement No. 22CPRO1, Attachment 3,Page 9 of 12 Rev. 12.1.2023 1142 • Coral condition is monitored routinely, with practitioners performing health checks as part of the daily husbandry list. Observations include coral coloration, polyp extension (or lack of), new growth, signs of stress, and other factors. This assessment typically occurs multiple times per day by multiple staff members to ensure that all corals are inspected by multiple observers. • In cases of mortality, a loss of life analysis is conducted. This analysis consists of a full examination of the conditions surrounding the mortality. Factors of note include: observing corals sharing the same aquarium/water system, checking husbandry logs for irregularities, testing of water parameters for anything outside of acceptable range, etc. Any mortality is logged to identify any patterns of loss and update inventory,recording the species,genotype, and tank in which it was being held, as well as any supplemental information available for that individual. Water Quality Analyses • Daily: - Alkalinity, salinity, and temperature are monitored daily for each aquarium system. Salinity and temperature are measured using electronic HANNA probes that are calibrated monthly. Alkalinity is recorded via Red Sea alkalinity test kits. Target ranges for these parameters are as follows: Alkalinity 7-9 dKH, Temperature 74-85OF(adjusted seasonally), Salinity 1.024-1.027 relative specific gravity (32-36 ppt). - Oxidation-reduction potential(ORP) of ozonated supply water is observed at the start and end of day. The ozonation filtration system is equipped with automatic shutoff measures to safeguard against the dangers of straying above or below the required levels. After ozonation, incoming seawater passes through a carbon filter, and UV sterilizer to further ensure removal of any potentially hazardous ozone remaining in the water. Target range for ORP is 350-375 mV. • Weekly: - Ammonia,nitrite,nitrate,pH,phosphate,magnesium,calcium,and alkalinity are measured and recorded weekly for each system. Aquarium-grade kits are currently used for the testing of these parameters (API Saltwater Master Test Kit, Red Sea Foundation Pro Test Kit, HANNA Digital Phosphate Colorimeter). The equipment for this water quality monitoring is scheduled to be upgraded to spectrophotometric water sampling device to be kept on-site. - Target ranges for these parameters are as follows: Ammonia < 0.1 ppm, Nitrite < 0.1 ppm, Nitrate 0-5 ppm,pH 8.0-8.4,Phosphate <0.1 ppm (ideal range 0-0.03 ppm), Calcium 400-450 ppm,Magnesium 1200-1400 ppm, Alkalinity 7-9 dKH. • Monthly: - Water samples taken from each aquarium system are mailed out to an independent, off-site water quality laboratory (ICP Analysis). Reports consisting of the quantitative analysis of 56 different elements are received and compiled for detailed analysis of all aspects of mineral water quality. Incoming seawater and aquarium water are also routinely transported to an adjacent laboratory at the University of Miami's marine campus for analysis of bacterial content. We primarily monitor these minor parameters to assess changes in our incoming seawater supply that might affect or explain variation in the weekly parameters listed above. For this reason, we do not generally have a target range for these additional monthly parameters. Propagation and Transfer DEP Agreement No. 22CPR01, Attachment 3,Page 10 of 12 Rev. 12.1.2023 1143 • Microfragmentation occurs when parent colonies and existing fragments have overgrown their substrate.Parental/genotype information is recorded on the plug of each fragment. Approximately 50-100 new fragments are produced weekly for research or outplanting purposes. • All transfer events are communicated between participating organizations with advanced planning and coordination with a licensed veterinary technician. Any corals arriving/departing from/to other coral facilities must have an inspection prior to transport. Proper documentation consisting of species, genotype, quantity, original collection point, and destination information is provided by/to the transferring and receiving facilities. • Any corals leaving the facility to be outplanted on nurseries or reefs require an additional veterinary inspection if they have been held on site for more than 30 days before they are permitted to leave the facility. Deliverables: The Grantee will submit: a) Spreadsheet containing daily, weekly, and monthly water quality data, as described above under "Water Quality Analyses" (provided quarterly). b) Spreadsheet documenting "routine health assessments", as described above (provided quarterly) c) Representative images (5-10) of the raceways/tanks in use. Images should clearly show the tanks are labelled/marked with the DEP logo (provided quarterly). d) Current inventory cataloguing corals/fragments currently in holding and which tank/system they are being held in(excel spreadsheet) (provided quarterly). e) Coordinate final site visit with the Department. f) A final report summarizing the Project completion and operation status will include water quality results (Note: final report must comply with Section 508 of the U.S. Rehabilitation Act (as amended), Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection). Final report will also include a summary from Task 3.1 and 3.2. VL PERFORMANCE MEAUSURES: The Grantee will submit all deliverables electronically for each task to the Department's Grant Manager on or before the Task Due Date listed in the PrQ]ect Timeline below. The Department's Grant Manager will review the task deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description,include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty(30)calendar days.Tasks may include multiple deliverables to be completed.The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single sub-task, where such subcomponent(s) are delivered to the Department at one hundred percent(100%) completion.A "full deliverable"is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single sub-task, all delivered to the Department at one hundred percent(100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent(100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single sub-task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided in writing. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. VIL CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding DEP Agreement No. 22CPRO1, Attachment 3,Page 11 of 12 Rev. 12.1.2023 1144 Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed. If the Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. VIIL PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager,the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter;the approved Exhibit A,Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A,Progress Report Forms,have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. IX. STATUS REPORTS: Quarterly status reports are due no later than forty-five (45)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30, and December 31. The final quarterly status report is due no later than August 15, 2026. X. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the PrQI ect Timeline.Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Task Start Task Due No. Task Title Budget Category DEP Amount Date Date Infrastructure Construction,Equipment Contractual Upon 1.1 Installation,and Build-Out of New DEP Services $559,283 Execution 12/31/2025 Seawater System Operation and Maintenance of existing Contractual Upon 1.2 KML-NSF System for coral emergency Services $430,717 Execution 6/30/2026 response efforts for two years Supply Acquisition and Build-Out for Contractual Upon 2.1 New Land-Based Raceways Services $357,000 Execution 6/30/2025 Mobile"Live Hauler'Equipment Contractual Upon 2.2 Purchase and Build-Out Services $165,000 Execution 6/30/2025 Purchase and Install First 15 Tanks and Contractual Upon 3.1 Associated Life Support Services $206,295 Execution 12/31/2024 Site Preparation,Construction of Shade Contractual 3.2 house,and Installation of Second 15 Tanks Services $392,119 8/1/2024 7/31/2025 and Associated Life Support 3.3 System Operations&Maintenance Contractual $389,518 1/l/2025 6/30/2026 Services Total: Fs2,499,932 DEP Agreement No. 22CPRO1, Attachment 3,Page 12 of 12 Rev. 12.1.2023 1145 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 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S.,If Applicable. For the purposes of this paragraph, the term"contract"means the "Agreement." If Grantee is a"contractor"as defined in section 119.070l(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: Li llic.servic sC )t"Iloridad �).,ov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofl Rev.4/27/2018 1146 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART L•FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internetathl.q)s://span xov/consenl/assistance listinxs. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 1147 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at la;lt::t s://are�:�s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at h(t;;:�://www lc stcl;;(c I1 a�� cicorllc/mdex,,;clrt State of Florida's website at h1.g)://www.n�ylloridcl.con�/, Department of Financial Services' Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aud�cn/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 11/8/2022 1148 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 be found at hltp:�://hrvest:er.cen a Gov/I' cwckr/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E.J. . P.5 i kA W d> el,.st,cl(e.fl..:.:ls B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(jj..jp.//fjaadj:1or..LYov)provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E.J. . P.5 i kA W d> el,.st,cl(e.fl.:.:ls 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 11/8/2022 1149 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations),Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS-DEP 55-215 revised 11/8/2022 1150 / / 2 \ o \ o G o \ \ # bu \ # bu \ \ � IZII Q'I a S \ \ \ \ \ � � ) \ / , \ ® _ © \ \ / \ ` % Q © 7 ƒ / IZII \ \ \ \ \ a \ c ® 3 e \ \ 5 5 0 0` c E / \ / on E � \ � � /a \ \ � /_ � ) � /a � /■ .2 Q � / y � PLO \ / PLO PLO M\ « { : 1151 E, O Ca 1c. uj Qj C.J Qj Qj o un Qj 7� Qj rn IQ, CZ Q Qj Qj k = Q S. cn Qj bp cn cn cn z E, z "tj o 7; 7; to to on lz 44 PLO PLO PLO C—,5 1152 ATTACHMENT 8 Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF)Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions,where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term"Recipient"shall mean"Grantee." Further,the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors, and to comply with the provisions of the award,the SURF implementing regulation,including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200),and all associated terms and conditions.Therefore,Grantees must include these requirements in all related subcontracts and/or sub- awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies The following provision is required if the Agreement is for more than$150,000.In addition to any of the remedies described elsewhere in the Agreement,if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules,or regulations,applicable to this Contract,the Non- Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above,do notpreclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunely Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color,religion, sex, sexual orientation,gender identity, or national origin. Such action shall include,but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Attachment 8 1 of 6 Rev.11/15/2022 1153 essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations, and relevant orders of the Secretary of Labor. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers,the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 6. Clean air Act(42 U.S. C. 7401-7671q.),the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387),and EPA Regulations If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Attachment 8 2of6 Rev.11/15/2022 1154 Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15).Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding$100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL,available at: rc2v/c �ly/1`orn�s/scn�ulc/`Fl l l 1 2 P V1.2.gdl`. . ....... ...... i. Grantees who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352.Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier,up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain;or enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as partof any system. See Section 889 of Public Law 115-232(National Defense Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must,to the greatest extent practical,give preference to the purchase, acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et seq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect;or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). Attachment 8 3of6 Rev.11/15/2022 1155 A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. C. The Recipient shall insert this clause,including this paragraph C,in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause,including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination(2 CFR§ 200.340) In accordance with 2 CFR §200.340,in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS).The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended(2 U.S.C. §1601 et seq.),prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant(and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225 (Oct. 6,2009),Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acguisitions Act of 1970 Where applicable,42 U.S.C. §§4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl, 2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. The FFATA legislation requires that information on federal awards(federal financial assistance and expenditures)be made available to the public via a single,searchable website,which is w w,....J; A. �er�g,;, v. Attachment 8 4of6 Rev.11/15/2022 1156 The Grantee agrees to provide the information necessary,within one(1)month of execution,for the Department to comply with this requirement. DEPARTMENT OF TREASURY-SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race,color,national origin,(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX),20 U.S.C. 1681 et seq., and the Department's implementing regulations,31 CFR 28; Age Discrimination Act of 1975,Public Law 94-135,42 U.S.C. 6101 et seq., and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964,as applicable,on an annual basis. This information may include a narrative descripting the recipient's compliance with Title VI,along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance All funds from SLFRF must be obligated by December 31,2024 and expended by December 31,2026. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects,the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date(month/year) ii. Projected/actual initiation of operation date(month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER$10 MILLION For infrastructure projects over$10 million,the following provisions apply: 1. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing,as determined by the U.S. Secretary of Labor in accordance with the Davis-Bacon Act,for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed.If the Grantee does not provide such certification,the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub-contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification;and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with the section 8(f)of the National Labor Relations Act(29 U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project Attachment 8 5of6 Rev.11/15/2022 1157 workforce continuity plan,detailing: i. How the Grantee will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses,injuries,and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market; and V. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement,with a description of any such agreement,if applicable. SLFRF WATER&SEWER PROJECTS For water and sewer projects,Grantees shall provide the following information to the Department once the project starts,as appliable: i. National Pollutant Discharge Elimination System(NPDES)Permit Number, for projects aligned with the Clean Water State Revolving Fund ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State Revolving Fund. Attachment 8 6of6 Rev.11/15/2022 1158 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A— Progress Report and Deliverable Submission Form DEP Agreement No.: 22CPR01 Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Grantee Grant Manager Name: Andrew Roltsch DEP Grant Manager Name: Kristi Kerrigan Re ortin Period: Provide the following information for all tasks identified in Attachment 3 Grant Work Plan: Summarize the work completed within each task for the reporting period.Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering from Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering from Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided Exhibit A,Page 1 of 2 Rev.2/29/2024 1159 previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager(Original Ink or Adobe Date Certified Signature) For DEP Internal Use Only This report and the specific deliverables described in this Progress Report and Deliverable Submission Form demonstrate that the work under the tasks outlined in this form was satisfactorily performed and are hereby approved in accordance with the reporting requirements of the above DEP Agreement number. Signature of DEP Grant Manager or Designee (Original Ink or Date Adobe Certified Signature) Exhibit A,Page 2 of 2 Rev.2/29/2024 1160 o a o N N Vf ++ E 0 N Q 0) Q > O m u L t O o a 00 L C N o v u V O > ca > t C U + m cu N O c f6 O +� O v CL > +� o ,•, c v U m nm U 'a Q m IIIIIIIIIIII Lu III a m C IIIII✓H ° III u C a o wc 0) Q II J G i U IIIIIII'I' Q _ Illllllllm E a L L IIII Q o au IIIII��IN Ill�w, o " o ra +� > O L N Q fL6LLI cu me. a Q s a to Inilnnn ,,,, N Q \ 0 CC6 J m L e�mnM" L Z C7 IIII L a L au CL III Nf 0 �' C H n nn Q C i M y. 0. II61 Z C \ W c n@muw EA IIIII✓H \ L OLL c C O C7 N L IId II�✓HIW s on II Q Q N O ++ m N N LU tO L U a m : c a IIIIII O .0 3 0 IIIIIIIIIIII C N L o a QJ 0) a v L II Q N N v O nnn�pm✓H M C N IIIIIIIIIIII O i L m en N f6 C v u v � w f6 O N C O O m C a C C •Q LL 0 Q o 75 a o U E ++ CA y- w N 0, � O L p N y_ Q u�— t O o w U aI N N L \ O 'C: L N Ov .r +� c c m Q 4 c — c o a� ca O a E i_ m 'C Q o Q- a, °J UtLo _ N U EA L a 0) 0) o O w ba a t +.� Z o v ca +� co Z w L C N L 0 � M + 3 — O C LM rCo L QQ c � C 0p a c N > w E 0- 0 o 1161 Q a0 c 0) W � .� o o Q O U � F o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C7 C4 W o 0 0 0 0 0 0 0 0 W U A � � w x F $ 0 0 0 0 0 0 0 0 0 0 q W a W � C7 W oa 5 i H W ~ 4 ICI o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 q o 0 0 0 0 0 0 0 0 WF o 0 0 0 0 0 0 0 0 a O W q a a m a �" v .. � �, S a o •„ FO 1162 § \ \ t ) = f &, 69z k ® � ) 0 � � $ k § � & \ § @ ( � j 1163 EXHIBIT C PART 1 - GRANTEE CERTIFICATION I , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) , do hereby certify for (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. that: 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature Print Name Print Name Date Date 1164 % \\ tA cl � } ° 00 B / 00 � 7 ) CD w 6 CD IT zo 1165 pEFAP Florida Department of Environmental Protection 4yV fir w° EXHIBIT G PHOTOGRAPHER RELEASE FORM "FbrAE p� FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO:22CPR01 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: ( ) Email: License and Indemnification I certify that I 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. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-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 Environmental Protection.Uses may include,but are not limited to: 1. Promotion of FDEP (including,but limited to publications,websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental 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 I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release,hold harmless and indemnify the Florida Department of Environmental 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. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G,DEP Agreement#: 22CPR01 11/19/2021 Page 1 of 1 1166 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22CPRO I Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Subcontractor: Note:Submit separate Exhibit H Certification for each additional subcontractor. Prior to making a request for payment of contractual services, the Grantee must provide the 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 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; 4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant manager. 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 certify that the procurement process the Grantee utilized follows all of said Grantee's non- Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Rev.1.4.2024 1167 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. Monroe County Board of County Commissioners is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 1168 Total Compensation Paid to Non-Profit Personnel Using State Funds Name: Title: 22CPR01 Agency Agreement/Contract# Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In-Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date: 1169 FDP Cost Reimbursement Subaward Federal Awarding Agency: Pass-Through Entity (PTE): Subrecipient: PTE PI: Sub PI: PTE Federal Award No: Subaward No: Project Title: Subaward Budget Period: Amount Funded This Action (USD): $ Start: End: Estimated Period of Performance: Incrementally Estimated Total(USD): $ Start: End: Terms and Conditions 1. PTE hereby awards a cost reimbursable subaward, (as determined by 2 CFR 200.331), to Subrecipient. The Statement of Work and budget for this Subaward are as shown in Attachment 5. In its performance of Subaward work, Subrecipient shall be an independent entity and not an employee or agent of PTE. 2. Subrecipient shall submit invoices not more often than monthly and not less frequently than quarterly for allowable costs incurred. Upon the receipt of proper invoices, the PTE agrees to process payments in accordance with this Subaward and 2 CFR 200.305. All invoices shall be submitted using Subrecipient's standard invoice, but at a minimum shall include current and cumulative costs(including cost sharing), breakdown by major cost category, Subaward number, and certification, as required in 2 CFR 200.415(a). Invoices that do not reference PTE Subaward number shall be returned to Subrecipient. Invoices and questions concerning invoice receipt or payments shall be directed to the party's Contact, shown in Attachment 3A. 3. A final statement of cumulative costs incurred, including cost sharing, marked"FINAL" must be submitted to PTE's Contact, as shown in Attachment 3A, not later than 60 days after The final statement of costs shall constitute Subrecipient's final financial report. 4. All payments shall be considered provisional and are subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. 5. Matters concerning the technical performance of this Subaward shall be directed to the appropriate party's Principal Investigator as shown in Attachments 3A and 3B. Technical reports are required as shown in Attachment 4. 6. Matters concerning the request or negotiation of any changes in the terms, conditions, or amounts cited in this Subaward, and any changes requiring prior approval, shall be directed to the PTE's Contact and the Subrecipient's Contact shown in Attachments 3A and 3B.Any such change made to this Subaward requires the written approval of each party's Authorized Official as shown in Attachments 3A and 3B. 7. The PTE may issue non-substantive changes to the Budget Period(s)and Budget . Unilateral modification shall be considered valid 14 days after receipt unless otherwise indicated by Subrecipient when sent to Subrecipient's Contact, as shown in Attachment 3B. 8. Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees, officers, or directors, to the extent allowed by law. 9. Either party may terminate this Subaward with 30 days written notice. Notwithstanding, if the Awarding Agency terminates the Federal Award, PTE will terminate in accordance with Awarding Agency requirements. PTE notice shall be directed to the Contact, and Subrecipient notice shall be directed to the Contact as shown in Attachments 3A and 3B. PTE shall pay Subrecipient for termination costs as allowable under Uniform Guidance, 2 CFR 200, or 45 CFR Part 75 Appendix IX, as applicable 10. By signing this Subaward, including the attachments hereto which are hereby incorporated by reference, Subrecipient certifies that it will perform the Statement of Work in accordance with the terms and conditions of this Subaward and the applicable terms of the Federal Award, including the appropriate Research Terms and Conditions("RTCs")of the Federal Awarding Agency, as referenced in Attachment 2. The parties further agree that they intend this subaward to comply with all applicable laws, regulations, and requirements. By an Authorized Official of the PTE: By an Authorized Official of the Subrecipient: Name: Date Name: Date Title: Title: 1170 FDP DEC L Subaward Number: Attachment 1 Certifications and Assurances Certification Regarding Lobbying (2 CFR 200.450) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement in accordance with 2 CFR 200.450. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"to the PTE. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Debarment, Suspension,and Other Responsibility Matters (2 CFR 200.214 and 2 CFR 180) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief that neither the Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR 200.213 and 2 CFR 180. Audit and Access to Records Subrecipient certifies that it will provide PTE with notice of any adverse findings which impact this Subaward. Subrecipient certifies compliance with applicable provisions of 2 CFR 200.501-200.521. If Subrecipient is not required to have a Single Audit as defined by 200.501, Awarding Agency requirements, or the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and will provide access to such audits upon request. Subrecipient will provide access to records as required by parts 2 CFR 200.337 and 200.338 as applicable. Program for Enhancement of Contractor Employee Protections (41 U.S.0 4712) Subrecipient is hereby notified that they are required to: inform their employees working on any federal award that they are subject to the whistleblower rights and remedies of the program; inform their employees in writing of employee whistleblower protections under 41 U.S.0 §4712 in the predominant native language of the workforce; and include such requirements in any agreement made with a subcontractor or subgrantee. The Subrecipient shall require that the language of the certifications above in this Attachment 1 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Use of Name Neither party shall use the other party's name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this Subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described. Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment Pursuant to 2 CFR 200.216, Subrecipient will not obligate or expend funds received under this Subaward to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or(3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services (as described in Public Law 115-232, section 889) as a substantial or essential component of any system, or as a critical technology as part of any system. 1171 Indemnification. To the extent provided by law, the [Subrecipient Entity/Mote Marine]shall indemnify, defend, and hold harmless the Monroe County and the State of Florida, Department of Environmental Protection, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s)of[ENTITY/Mote Marine], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by[Subrecipient ENTITY/Mote Marine] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [Subrecipient ENTITY/Mote Marine]to indemnify Monroe County for the negligent acts or omissions of Monroe County, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [Subrecipient ENTITY/Mote Marine]to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement. The Subrecipient shall comply with the indemnification provisions under the DEP Grant Agreement, as set forth in Paragraph 18, Indemnification. Insurance Requirements. The Subrecipient Entity/Mote Marine shall comply with the insurance requirements as set forth in Attachment 2 (Paragraph 8. Insurance.)to the Grant Agreement. The Department and Monroe County shall be named as additional insured on the Certificate of Insurance. MAINTENANCE OF RECORDS Subrecipient Entity/Mote Marine shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR§200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to subrecipient Entity/Mote Marine pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the subrecipient Entity/Mote Marine, the subrecipient Entity/Mote Marine shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. The Subrecipient Entity/Mote Marine shall comply with provisions and may be required to submit forms and documentation as required and as outlined in the Grant Agreement and Attachments including but not limited to the provisions as set forth in Attachment 4-Public Records Requirements, Paragraph 22. Statutory Notices Relating to Unauthorized Employment and subcontract, and as set forth belovt: Public Entity Crime Provisions 2. Discriminatory Vendors Provisions 3. Antitrust Violator Vendors Provisions 4. Scrutinized Companies Provisions A. For Contracts of any amount, if the County determines that the Subrecipient Entity/Mote Marine has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Subrecipient Entity/Mote Marine written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes,or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. B. For Contracts of $1,000,000 or more, if the County determines that the Subrecipient Entity/Mote Marine submitted a false certification under Section 287.135(5), Florida Statutes,or if the Subrecipient Entity/Mote Marine has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1)terminating the Agreement after it has given the Subrecipient Entity/Mote Marine written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes,or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. E-Verify System- Beginning January 1, 2021, in accordance with F.S. 448.095, the Subrecipient Entity and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 Ethics Clause. In accordance with Section 5 (b)Monroe County Ordinance No. 010-1990 the following ethics clause; Subrecipient Entity warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the 1172 prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 1173 Attachment 2 Subaward Number Federal Award Terms and Conditions Required Data Elements Awarding Agency Institute (If Applicable) The data elements required by Uniform Guidance are incorporated Federal Award Issue Date FAIN Assistance Listing No. This Subaward Is: Assistance Listing Program Title (ALPT) Research & Development Subject to FFATA Key Personnel Per NOA General Terms and Conditions By signing this Subaward, Subrecipient agrees to the following: 1. To abide by the conditions on activities and restrictions on expenditure of federal funds in appropriations acts that are applicable to this Subaward to the extent those restrictions are pertinent. This includes any recent legislation noted on the Federal Awarding Agency's website: 2. 2 CFR 200 3. The Federal Awarding Agency's grants policy guidance, including addenda in effect as of the beginning date of the period of performance or as amended found at: 4. Research Terms and Conditions, including any Federal Awarding Agency's Specific Requirements found at: except for the following a. No-cost extensions require the written approval of the PTE. Any requests for a no-cost extension shall be directed to the Contact shown in Attachment 3A, not less than 30 days prior to the desired effective date of the requested change. b. Any payment mechanisms and financial reporting requirements described in the applicable Federal Awarding Agency Terms and Conditions and Agency-Specific Requirements are replaced with Terms and Conditions(1)through (4)of this Subaward; and c. Any prior approvals are to be sought from the PTE and not the Federal Awarding Agency. d. Title to equipment as defined in 2 CFR 200.1 that is purchased or fabricated with research funds or Subrecipient cost sharing funds, as direct costs of the project or program, shall vest in the Subrecipient subject to the conditions specified in 2 CFR 200.313. e. Prior approval must be sought for a change in Subrecipient PI or change in Key Personnel(defined as listed on the NOA). 5.Treatment of program income: Special Terms and Conditions: Data Sharing and Access: Subrecipient agrees to comply with the Federal Awarding Agency's data sharing and/or access requirements as reflected in the NOA or the Federal Awarding Agency's standard terms and conditions as referenced in General Terms and Conditions 1-4 above. Data Rights: Subrecipient grants to PTE the right to use data created in the performance of this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Copyrights: to PTE an irrevocable, royalty-free, non-transferable, non-exclusive right and license to use, reproduce, make derivative works, display, and perform publicly any copyrights or copyrighted material(including any computer software and its documentation and/or databases)first developed and delivered under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Subrecipient grants to PTE the right to use any written progress reports and deliverables created under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its Federal Award. Promoting Objectivity in Research (COI): Subrecipient must designate herein which entity's Financial Conflicts of Interest policy(COI)will apply: If applying its own COI policy, by execution of this Subaward, Subrecipient certifies that its policy complies with the requirements of the relevant Federal Awarding Agency as identified herein: Subrecipient shall report any financial conflict of interest to PTE's Administrative Representative or COI contact, as designated on Attachment 3A. Any financial conflicts of interest identified shall, when applicable, subsequently be reported to Federal Awarding Agency. Such report shall be made before expenditure of funds authorized in this Subaward and within 45 days of any subsequently identified COI. 1174 The SUBRECIPIENT ENTITY/Mote Marine and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation,which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above$2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor,within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable,which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation,liability for unpaid wages,liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. §5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. §5.5 (b)(1), in the sum of 1175 $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. §5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. §5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. §5.5 (b)(1)through (4)and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. §5.5 (1)through (4). Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. Clean Air Act(42 U.S.C.7401-7671g.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387). Subrecipient Entity/Mote Marine agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q)and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387)and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The Subrecipient Entity/Mote Marine agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Subrecipient Entity/Mote Marine agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension"and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory . . authority other than Executive Order exclusions can a accessedr wn✓wn✓a.rnn at............... , y. Subrecipient Entity/Mote Marine is ,gc required to verify that none of the contractor's principals(defined at 2 C.F.R. §180.935)or its affiliates(defined at 2 C.F.R. §180.905)are excluded (defined at 2 C.F.R. §180.940)or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment(31 U.S.C.&1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds$100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) Compliance with Procurement of recovered materials as set forth in 2 CFR§200.323. SUBRECIPIENT ENTITY/Mote Marine must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, 1176 where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000-1 procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3.At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR 4 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Domestic preference for procurements as set forth in 2 CFR§200.322 The COUNTY and SUBRECIPIENT ENTITY/Mote Marine greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States(including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1)"Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Other Federal Requirements: Americans with Disabilities Act of 1990, as amended (ADA)—The SUBRECIPIENT ENTITY/Mote Marine will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the SUBRECIPIENT ENTITY/Mote Marine pursuant thereto. Disadvantaged Business Enterprise(DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its SUBRECIPIENT ENTITY/Mote Marine agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the SUBRECIPIENT ENTITY/Mote Marine and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the SUBRECIPIENT ENTITY/Mote Marine,with the funds authorized by this Agreement,seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321,the SUBRECIPIENT ENTITY/Mote Marine shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; 1177 (5) Using the services and assistance, as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. The Subrecipient Entity/Mote Marine shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subrecipient Entity/Mote Marine during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Energy Efficiency-SUBRECIPIENT ENTITY/Mote Marine will comply with the Energy Policy and Conservation Act(P.L. 94-163, 42 U.S.C. 6201-6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Subrecipient ENTITY/Mote Marine and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. SUBRECIPIENT ENTITY/Mote Marine and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),which prohibits discrimination on the basis of disabilities; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the SUBRECIPIENT ENTITY/Mote Marine, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,T C, agrees as follows: 1) The Subrecipient Entity/Mote Marine will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Subrecipient Entity/Mote Marine will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination-, rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Subrecipient Entity/Mote Marine agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Subrecipient Entity/Mote Marine will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient Entity/Mote Marine,state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Subrecipient Entity/Mote Marine will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,or is consistent with the Subrecipient Entity/Mote Marine's legal duty to furnish information. 4) The Subrecipient Entity/Mote Marine will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Subrecipient Entity/Mote Marine's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 1178 5) The Subrecipient Entity/Mote Marine will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Subrecipient Entity/Mote Marine will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Subrecipient Entity/Mote Marine's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations,or orders, this contract may be canceled,terminated or suspended in whole or in part and the Subrecipient Entity/Mote Marine may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Subrecipient Entity/Mote Marine will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient Entity/Mote Marine will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a Subrecipient Entity/Mote Marine becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the Subrecipient Entity/Mote Marine may request the United States to enter into such litigation to protect the interests of the United States. 1179 Work Involving Human or Vertebrate Animals (Select Applicable Options) No Human or Vertebrate Animals Human Subjects Data(Select One) Additional Terms 1180 Subaward Number: Attachment 3A Pass-Through Entity(PTE)Contacts PTE Information Entity Name: Legal Address: Website: PTE Contacts Central Email: Principal Investigator Name: Email: Telephone Number: Administrative Contact Name: Email: Telephone Number: COI Contact email (if different to above): Financial Contact Name: Email: Telephone Number: Email invoices? Yes No Invoice email (if different): Authorized Official Name: Email: Telephone Number: PI Address: Administrative Address: Invoice Address: 1181 Attachment 3B Subaward Number: Research Subaward Agreement Subrecipient Contacts Subrecipient Information for FFATA reporting Entity's UEI/DUNS Name: EIN No.: Institution Type: UEI /DUNS: Currently registered in SAM.gov: Yes No Parent UEI / DUNS: Exempt from reporting executive compensation: Yes No (if no, complete 38 pg2) Place of Performance Information for FFATA reporting Physical Address, City, State(if U.S.)and Country: U.S.Entities only(insert in kir Placec:il a�i��'e,�tin'�., le cin'eai°u:weq Congressional District: Zip Code+4: Zip Code Look-up Subrecipient Contacts Central Email: Website: Principal Investigator Name: Email: Telephone Number: Administrative Contact Name: Email: Telephone Number: Financial Contact Name: Email: Telephone Number: Invoice Email: Authorized Official Name: Email: Telephone Number: Legal Address: Administrative Address: Payment Address: 1182 FDP 313.1 JAN 2020 Subaward Number: Attachment 3B-2 Highest Compensated Officers Subrecipient: Institution Name: PI Name: Highest Compensated Officers The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1) Internal Revenue Code of 1986. Officer 1 Name: Officer 1 Compensation: Officer 2 Name: Officer 2 Compensation: Officer 3 Name: Officer 3 Compensation: Officer 4 Name: Officer 4 Compensation: Officer 5 Name: Officer 5 Compensation: 1183 Subaward Number: Attachment 4 Reporting and Prior Approval Terms Subrecipient agrees to submit the following reports (PTE contacts are identified in Attachment 3A): Technical Reports: Monthly technical/progress reports will be submitted to the PTE's within days of of the end of the month. Quarterly technical/progress reports will be submitted within 30 days after the end of each project quarter to the PTE's Annual technical/progress reports will be submitted within days prior to the end of each budget period to the PTE's . Such report shall also include a detailed budget for the next Budget Period, updated other support for key personnel, certification of appropriate education in the conduct of human subject research of any new key personnel, and annual IRB or IACUC approval, if applicable. A Final technical/progress report will be submitted to the PTE's within days of the end of the Project Period or after termination of this award, whichever comes first. Technical/progress reports on the project as may be required by PTE's in order for the PTE to satisfy its reporting obligations to the Federal Awarding Agency. Prior Approvals: Carryover: Other Reports: In accordance with 37 CFR 401.14, Subrecipient agrees to notify both the Federal Awarding Agency via Edison and PTE's within 60 days after Subrecipient's inventor discloses invention(s) in writing to Subrecipient's personnel responsible for patent matters. The Subrecipient will submit a final invention report using Federal Awarding Agency specific forms to the PTE's within 60 days of the end of the Project Period to be included as part of the PTE's final invention report to the Federal Awarding Agency. A negative report is required: Property Inventory Report (only when required by Federal Awarding Agency), specific requirements below. Additional Technical and Reporting Requirements: 1184 Subaward Number: Attachment 5 Statement of Work, Cost Sharing, Indirects & Budget Statement of Work Below Attached, pages If award is FFATA eligible and SOW exceeds 4000 characters, include a Subrecipient Federal Award Project Description Budget Information Indirect Information Indirect Cost Rate (IDC)Applied % Cost Sharing Rate Type: If Yes, include Amount: $ Budget Details Below Attached, pages Budget Totals Direct Costs $ Indirect Costs $ Total Costs $ All amounts are in United States Dollars 1185 Subaward Number: Attachment 6 Notice of Award (NOA) and any additional documents The following pages include the NOA and if applicable any additional documentation referenced throughout this Subaward. Not incorporating the NOA or any additional documentation to this Subaward. 1186 MONROE COUNTY GRANT SUBCONTRACT MOTE MARINE LABORATORY ATTACHMENT 5 SUBCONTRACTOR STATEMENT OF WORK AND REPORTING REQUIREMENTS I. PROJECT TITLE: Infrastructure Expansion and Emergency Coral Transport Capability at/via Mote Marine Laboratory(Mote): Monroe County Coral Resilience Project II. PROJECT LOCATION(S): Elizabeth Moore International Center for Coral Reef Research and Restoration(IC2R3) (address:24244 Overseas Highway, Summerland Key,FL 33042) III. SCOPE OF WORK The goal of this project is to increase coral disturbance holding capacity to maintain basic life support needs by adding a 20-raceway coral matrix(approximately 3ft x 3ft x 8ft and 350 gallons each) on the Mote owned IC2R3 property on Summerland Key. A 1,200-gallon, 30 ft"live hauler"trailer will also be purchased to transport corals from all restoration partners across the Florida Keys or to the mainland as needed for emergency safe storage or restoration purposes. This equipment purchase will become the property of the Grantee's subcontractor, Mote Marine Laboratory. Task 2: Infrastructure Expansion and Emergency Coral Transport Capability at/via Mote Marine Laboratory (Mote) The Grantee's subcontractor, Mote Marine Laboratory(Mote)will perform infrastructure expansion at the Elizabeth Moore International Center for Coral Reef Research and Restoration (IC2R3) (address: 24244 Overseas Highway, Summerland Key, FL 33042), a fully equipped marine science facility dedicated to marine research and education in the Lower Florida Keys (about 24 miles from Key West). Currently,this facility includes: • Category 5 hurricane resistant concrete building with 19,000 square feet of research labs, education classrooms, offices, and dormitories,vehicles and vessels,WiFi, and convenient access to Lower Florida Keys coral reef sites. • Approximately 40 Scientific, Education,Administrative, Facilities, and Life Support staff supporting IC2R3 -as well as coral restoration nurseries in Islamorada and Key Largo—and education/outreach locations at the History and Discovery Center in Islamorada and NOAA EcoDiscovery Center in Key West. 1187 • Field support for visiting scientists (d�i I s o il v i s i t.o. 1 s.l:, Ej�jqt). • Indoor and outdoor seawater systems, environmental control rooms, raceways and experimental tanks for mesocosm-level studies, including research on ocean acidification and climate change impacts to reef organisms (d�.tils on wetlab re.se.arch sy, • Molecular equipment to process and prepare samples for generation sequencing, genomics, metagenomics and transcniptomics (deta..l....s.........on.............i....c.rob I gy and molect.dar..bi. lo.gy w-Y.l.a.........s) • Microbial supplies for molecular and culturable applications within the marine environment. • Carbonate chemistry laboratory for ocean acidification studies (details on IJ e n..I.i s�� dry ............. lab and Climate and Acidification Ocean Sinull.atoj). .................. ......................................................................................................................................................................................................... ..................................................... • Eco-friendly design with solar panels, rainwater capture system, and high-efficiency heating and cooling Q. E E I.). Go I d c e rti 6.e d.). ..................... .................... ............. ............ The wide variety of research and education programs conducted at Mote's IC2R3 reflect the diversity of Mote's staff and experience. Current Mote programs with ongoing research at IC2R3 include: • Coral Reef Re s to. ..rafi oll Co • Coral If ealth & E)isease Research ............................................................................................................................................................................................................. • E�.Q!2 i C2.1.21"a • Marine & II re sh water A.qLtacf,.dq.tre Research • 0 c e a il Acidification.i d i 6 c a ti o n. Re s e a rc 11. .. .. Scientists at IC2R3 study coral reef communities' response to climate change impacts such as rising ocean temperatures and ocean acidification; investigate major coral disease outbreaks and the overall microbiome of microscopic life forms that can help or harm coral reefs; optimize coral reef restoration efforts with grazers studies and research on threatened and vulnerable species; assess the genetic diversity of native coral species, including the potential for genotypes (genetic varieties) with natural resilience to stressors, and more. Task 2.1: Supply Acquisition and Build-Out for New Land-Based Raceways Description: The supplies and miscellaneous/other items requested for this emergency coral infrastructure expansion will complement all the above-mentioned coral research and restoration resources and scientific expertise at Mote by adding a 20-raceway coral matrix(approximately 3ft x 3ft x 8ft and 350 gallons each)on the Mote owned IC2R3 property on Summerland Key. This Project will increase coral disturbance holding capacity to maintain basic life support needs, including separate/independent pumps, plumbing, electrical, and alarms required for appropriate coral health to maintain water treatment, flow, filtration, chemistry, temperature, and structure/shade-cloth for managing varying light needs for corals requiring temporary storage during emergency scenarios, such as in-situ water temperature and chemistry stress events, bleaching, disease, and storms. Funding will be used to support the purchase of all supplies and miscellaneous/other needed for buildout. The installation and buildout will be completed by Mote staff(not funded under this agreement). Once raceways become operational,they will continue to be maintained by existing trained/experienced Mote staff. Raceways will be marked with DEP,FCR, and Mote logos and will be prioritized for emergency coral rescue efforts. The use of these systems must be approved/authorized in writing by DEP throughout the duration of this agreement and in coordination with the DEP after agreement termination. 1188 Deliverables: The Grantee will submit: a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in construction. b) Photos of area at IC2R3 before buildout of the 20-raceway matrix and associated life support systems. c) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. d) Photos of area at IC2R3 after buildout that show all 20-raceways and associated life support systems.Photos should show the DEP, FCR, and Mote logos being displayed on the new systems. e) Coordinate final site visit with DEP. f) Press Releases and/or Social Media posts after construction completion the 20-raceway matrix that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 2.2: Mobile"Live Hauler"Equipment Purchase and Build-Out Description: An approximately 1,200-gallon, 30 ft "live hauler" trailer will be purchased with independent mobile ability, towed via an existing Mote pickup truck 5'-wheel, with full coral life support systems (condensed mobile version to raceway matrix above —i.e. generator power, mobile filtration and heat pump, and divided spaces for biosecurity). This "live hauler" trailer will be used to transport corals from all restoration partners across the Florida Keys or to the mainland as needed for emergency safe storage or restoration purposes. This equipment purchase will become the property of the Grantee's subcontractor, Mote Marine Laboratory. Additional supplies/equipment needed for the build-out and outfitting of the "live hauler" trailer will not be funded under this agreement. The initial fabrication of the trailer will be done by Oceans Design and any final installation and buildout will be completed by Mote staff (not funded under this agreement). Additionally,the "live hauler"will also be marked with DEP, FCR and Mote logos on the exterior(unless otherwise noted by DEP) and will be prioritized for emergency coral rescue. Deliverables: The Grantee will submit: a) Purchase of the equipment ("live hauler" trailer) as evidenced by: Purchase order(s), vendor invoice(s), and pictures of equipment purchased. Completed Property Reporting Form, DEP 55- 211 (Exhibit B)with invoice copy. b) Photos of"live hauler". c) Press Releases and/or Social Media posts after construction completion the "live-hauler" that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. 1189 Rodda Depar'hnentof Enrlromnental protection cQa �/t DEP BUDGET-CQSf ANALYSIS FORM PROJECT TITLE:Emergency Coral Response Capacity for Land-Based Infrastructure In Monroe County SUBCONTRACTOR BUDGET DETAIL COST ANALYSIS(far 01 1 0,01) Budget items betowto be provided by the Contractor or Grantee.See attached Instructions. Cost Analysis to be completed by the Department Contractor Grant Manager.See attached Instructions. COMMENTS 1.PERSONNFI EXPENSES %Allocation Allowable Reasonable Necessary (Basis for Decision) A.Salaries-(NameRltle/Position) Hourly Cost($) Hours Totals($) N/A $ Total Salaries $B.Fringe Benefits(Rate%*Total salaries applicable) Rate% Total Sal.App. Total$ N/A 0 $ 0 $ 0 $ Total Fringe $ - Total PersonnelEXpenses(A+B) $ - 2.Contractual Services Description Fee/Rate$ Quantity Totals$ N/A $ Total Contractual Services $ 3.Travel Per Fare/ Purpose/Destination Days Diem$ Rate$ Mileage Totals$ N/A $ - + f $ + f $ Total Travel $ - 4.Equipment($5000 or more) Description Unit Cost$ Quantity Totals$ Live Hauler For Mobile Coral Transport = $ 165,000.00 (outfitted/divided trailer,generator,heat pump,filtration,etc.) _ $ Total Equipment $ 165,000.00 COMMENTS 2%Allocation Allowable. Reasonable NaraNece^«ary (Baslstor Decision) S.Sumphes(SEE SUPPLIES EXAMPLETAB) Description Fee/Rate$ Quantity Totals$ Electric Supplies = $ 15,000.00 Plumbing Pipes,Connections,Valves,etc. $ 3,435.00 $ Total Supplies $ 18,435.00 6.M'scettaneous/Other Expenses Description Unit Cost$ Quantity Totals$ Raceways(3'x3'x8',approx 350 gallons each) 3900 20 = $ 78,000.00 Power Equipment = $ 70,000.00 Pumps = $ 15,000.00 Ozone and Carbon $ 29,000.00 Heat Pumps and Filtration(foam tractionator,bagfitters,etc) $ 21,000.00 Degas and Water Storage Tanks $ 18,000.00 Electronic Controls and Alarms $ 24,000.00 Pergola and Shade Structure $ 26,400.00 Ground Surface Shett/Rock Materials/Equipment = $ 10,600.00 Total Miscellaneous $ 292,000.00 SU BTOTAL(I then 6) $ 475,435.00 7.Overhead/indirect(15%orlower) Rate% Base$ Total$ 1( xclud g ar d 15.00%* $ 310,435.00 = $ 46,565.25 8.Total Budget $ 522,000 1 1;:.1,.,Al Wj..i,'It{1.Y '.11'1111(?;7J aJ> I certify that the cost for each line item budget category has been evaluated and determined to be allowable,reasonable,and necessary as required by Section 216.3475,Florida Statutes.Documentation is on file evidencing the methodology used and the conclusions reached. Name: Signature Title: Date: 1190 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Coral Resilience Project 22CPRO1 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Board of County Commissioners Entity Type: Local Government Grantee Address: 500 Whitehead Street FEID: 59-6000749 Key West,FL 33040 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon execution 9/30/2026 4. Project Number: Project Location(s): Layton,Summerland Key,and Virginia Key (If differentfi-om AgreementNumbet) Project Description: The project will provide infrastructure support for corals in the event that evacuation and holding is necessary. 5. Total Amount of Funding: Funding Source? Award#s or Line-Item Appropriations: Amount per Sources : ❑ State [Z]Federal 152-D FY 21/22 2,500,000.00 $2 500 000.00 ❑ State []Federal ❑ State ❑Federal $ ❑ Grantee Match $ Total Amount of Funding+Grantee Match,if any: S 2,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Kristi Kerrigan Name: Andrew Roltsch or successor or successor Address: Coral Protection and Restoration Program Address: Monroe County 8000 N Ocean Dr. 1100 Simonton Street,Suite 2-213 Dania Beach, FL 33004 Key West, FL 33040 Phone: 561-681-6632 Phone: 305-292-4476 Email: Kristi.Kerrigan(a,FloridaDEP.gov Email: Roltsch-andrew(a,monroe-county-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements 0 Attachment 5: Special Audit Requirements ❑Attachment 6:Program-Specific Requirements ❑Attachment 7: Grant Award Terms(Federal) *Copy available at h11p //fact:.�.,.fllf�.,.ca,in accordance with section 215.985,F.S. 0 Attachment 8: Federal Regulations and Terms(Federal) ❑Additional Attachments(if necessary): 0 Exhibit A:Progress Report Form 0 Exhibit B:Property Reporting Form 0 Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo 0 Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 22CPR01 1 191 Rev. 1/31._. ✓❑ Additional Exhibits(if necessary):Exhibit G:Photographer Release Form,Exhibit H:Contractual Services Certification;Exhibit K Non Profit Organization Compensation Form 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a 1 : Federal Award Identification Numbers (FAIN): SLFRP0125 Unique Entity Identifier(UEl): QKLSCT2LM7M9 Federal Award Date to Department: 2/4/2022 Federal Award Project Description: Monroe County Coral Resilience Project Total Federal Funds Obligated by this Agreement: 2,500,000.00 Federal Awarding Agency: U.S. Department of Treasury Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Monroe County Board of County Commissioners GRANTEE Grantee Name By (AuthorizedSignature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Agreement No. 22CPR01 1 192 Rev. 1/31._. ORCP Additional Signatures DEP Grant Manager, Kristi Kerrigan DEP QC Reviewer, Hanna Tillotson Grantee may add additional signatures below, if needed. 1193 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal, and other written communication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of13 Rev.9/15/2023 1194 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. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. 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 submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of13 Rev.9/15/2023 1195 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: hl-t;it s://www.aruyfloridacfo.com/does sl%acconullin n �u��flilang Iibr�ri€,./stet€::;., c�Zencies/rel`erence aide for st., e:yj)en&1aare� n)all`. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee may request from the Department that all invoice payments (i.e.,cost reimbursement)under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity"under subsection 288.0656(2),F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c),F.S.; iii. Grantee's performance has been verified by the Department,which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s),rule(s)and regulation(s)allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law,rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: I�(t;;:�s://fr;k� or /coaaaaaaanla( plci;rlr�ca�g ctrld Of GrpRor(aanity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a non-profit organization under section 215.97(2)(m),F.S.,Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1 3of13 Rev.9/15/2023 1196 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website,if Contractor maintains a website. h. 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. i. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. 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: I�(t;,:�s://www.n�ylloridacl`o.com/division/c c/local t oven�n�en(s/N�rd em n( in{crest rates. 1. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salaa/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price Attachment 1 4 of 13 Rev.9/15/2023 1197 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, 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 reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31.The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work 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. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1 5of13 Rev.9/15/2023 1198 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1 6 of 13 Rev.9/15/2023 1199 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; 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; 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; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; 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 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 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, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole Attachment 1 7of13 Rev.9/15/2023 1200 discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized 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 following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1 8of13 Rev.9/15/2023 1201 not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. 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 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, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management 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. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA)-Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing 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 manufactured product has been established under applicable law or regulation; and Attachment 1 9of13 Rev.9/15/2023 1202 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 tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,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. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act,including the following provision: a. Signage Requirements a.Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: b.Procuring Signs: Consistent with section 6002 of RCRA,42 U.S.C. 6962,and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable.Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the official Investing in America emblem or EPA logo or seal)into the appropriate non-English language(s).The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in section 287.135,F.S.Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions,then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347,F.S.,except that pursuant to the requirements of section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with sections 11.062 and 216.347,F.S. 28. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during Attachment 1 10 of 13 Rev.9/15/2023 1203 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 General Records Schedules maintained by the Florida Department of State (available at: hlt;;:�://dos.m Ilorida.com/lik�r� •archives/records m�na xemenk/xeneralrecords schedules�. 29. Audits. a. Inspector General. The Grantee understands its duty,pursuant to section 20.055(5), F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: rll;\I;s,la;. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1 11 of 13 Rev.9/15/2023 1204 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 not apply to agreements where payments are made purely on a cost reimbursement basis. 30. 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. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee, subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both 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. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. Attachment 1 12 of 13 Rev.9/15/2023 1205 37. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under 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. 38. 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 of any assignment,Grantee remains secondarily liable forperformance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 13 of 13 Rev.9/15/2023 1206 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22CPR01 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. The Project funded under this Agreement is Monroe County Coral Resilience Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pa. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. For purposes of this Agreement,the Grantee will be considered the owner of any nonexpendable and/or nonconsumable personal property or equipment costing$5,000 or more purchased for the completion of the Project under a subcontract.Upon satisfactory completion of this Agreement,the Grantee will require its subcontractor to account for and report on all nonexpendable and/or nonconsumable personal property or equipment purchased under its subcontract in accordance with the Grantee's financial reporting and inventory control requirements.Based on the subcontractor report,the Grantee will submit Exhibit B,Property Reporting Form,to the Department with any applicable requests for reimbursement.Nonexpendable and/or nonconsumable personal property or equipment purchased for the Project by a subcontractor is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72 and/or Chapter 691-73,F.A.C.,as applicable, and should be capitalized,when appropriate,in accordance with GAAP and the Grantee's financial reporting requirements.The following terms shall apply: a. The Grantee and/or its subcontractor(s)shall have use of the nonexpendable and/or nonconsumable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. Attachment 2 1 of 3 Rev.8/8/2023 1207 b. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the nonexpendable and/or nonconsumable personal property or equipment in good operating condition. c. The Grantee is responsible for any loss,damage,or theft of,and any loss,damage or injury caused by the use of,nonexpendable and/or nonconsumable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. d. The Grantee is responsible for keeping a current and accurate inventory of any nonexpendable and/or nonconsumable personal property or equipment in accordance with its financial reporting and inventory control requirements. The Department may request an annual copy of these inventory records for the life of the Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager.The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any 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. Attachment 2 2of3 Rev.8/8/2023 1208 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or 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 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) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 3of3 Rev.8/8/2023 1209 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22CPROI ATTACHMENT 3 I. PROJECT TITLE: Monroe County Coral Resilience Project IL PROJECT LOCATION(S): The Project will be located in the following locations: a. City of Layton within Monroe County—Lat/Long (24.825901, -80.814207) b. City of Summerland Key within Monroe County—Lat/Long (24.661389, -81.454444) c. Virginia Key within Miami-Dade County—Lat/Long (25.733870, -80.159474) III. PROJECT BACKGROUND: Florida's Coral Reef spans over 350 miles of continuous,diverse,coral reef ecosystems and is abeautiful,national treasure that supports an incredible amount of life in addition to providing jobs,protection, and enjoyment for millions of residents and visitors. In the summer of 2023,Florida's Coral Reef(FCR) experienced an extreme coral bleaching event,that resulted in significant mortality of several different coral species across FCR. In response, evacuation efforts and land-based holding of Endangered Species Act-listed species and stony coral tissue loss disease susceptible species proved to be necessary to preserve genetic diversity for future propagation efforts. This mass movement and temporary holding of corals from in-situ nurseries to ex-situ holding facilities identified a gap in existing infrastructure for emergency response,which slowed our ability to move and hold corals efficiently. Coral bleaching has been occurring more frequently over the past few decades, and some level of bleaching has occurred every year since 2011. In July 2023,NOAA recorded the highest South Florida sea temperatures (35°C/95°F) since in-water measurements started in 1981. In addition, FCR has seen outbreaks of disease,most notably the outbreak of stony coral tissue loss disease in 2014 which is now endemic to the entirety of the reef and affects over 23 different stony coral species.Understanding that major disturbance events such as bleaching or disease outbreaks will continue to happen,it is important to have precautions in place to facilitate a rapid response when necessary, including the development of and maintenance of holding facilities specifically designated for emergency response. IV. PROJECT DESCRIPTION: The Monroe County Board of County Commissioners (Grantee) will conduct the Monroe County Coral Resilience Project (Project). The overall goal of this Project is to provide infrastructure support for corals in the event that evacuation and holding is necessary. The Grantee will sub-contract Keys Marine Laboratory,Mote Marine Laboratory, and University of Miami to complete the work. This Project fulfills the emergency assistance request of the Florida's Coral Reef Resilience Program (FCRRP) and is consistent with State of Florida Restoration Priorities for Florida's Coral Reef. 2021- 2026 and Florida's Bleaching Response Plan. The outcomes of this Project will be incorporated into the disturbance response efforts which seeks to improve understanding about the scale and severity of the disturbance on Florida's Coral Reef, identify management actions to remediate impacts, restore affected resources, and ultimately propagate thermally and disease tolerant species. As such, collaboration amongst partners is encouraged when appropriate to avoid duplication of efforts and ensure alignment of needs. Coordination with other partners is recommended, as appropriate. DEP Agreement No. 22CPRO1, Attachment 3,Page 1 of 12 Rev. 12.1.2023 1210 V. TASKS AND DELIVERABLES: Task 1: Infrastructure Expansion and Coral Holdine at Keys Marine Laboratory Task 1 will add land-based capacity for coral (and other associated reef organisms) by providing life support for holding, propagation, and to facilitate a rapid emergency response. This work will be completed by the Keys Marine Laboratory (KML) under this Project and will include Project Management to design, plan, acquire permits as necessary, coordinate construction, and complete startup of the land-based DEP Coral Response Seawater System (Figure 1). u .CM j 0 l. D�' i do a r✓ r/% /� N. 09,'01 P �WM Figure 1. Site map of Keys Marine Laboratory and location of proposed DEP seawater system. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of South Florida (USF) as host institution for Florida Institute of Oceanography (FIO) (also known as Keys Marine Laboratory) (Tasks 1.1). The Florida Keys are in an area of high hurricane activity.Equipment shall be designed to resist high- velocity winds and wave action in accordance with local, state, and federal requirements. Task 1 will also provide support for the operation and maintenance of sixteen (16) 240-gal seawater tables within existing KML System for coral emergency response efforts and coral restoration activities for two years (Task 1.2). Tables within KML SW systems will be maintained and operated by KML and prioritized for use by the coral restoration community with advanced notice, approval, and scheduling. Coral restoration practitioners will follow the approval process to be determined by DEP. DEP will provide approval to KML for use of the sixteen (16) DEP-supported tables for coral response and restoration within 48-hours. DEP Agreement No. 22CPR01, Attachment 3,Page 2 of 12 Rev. 12.1.2023 1211 Task 1.1: Infrastructure Construction, Equipment Installation, and Build-Out of New DEP Seawater System (Keys Marine Laboratory) Description The Grantee's subcontractor(KML)will act as Project Manager to oversee the planning, coordination, and construction of the expanded seawater system. Supplies, equipment, and other miscellaneous materials will be purchased in order to complete the expansion. All equipment, assets, supplies and other miscellaneous materials purchased for and used in the construction, installation or build-out of this system will be become the property of the University of South Florida(USF) as host institution for FIO. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation, retaining wall installation to stabilize tank farm and drain fields, any necessary concrete construction,gravel for final grading and finishing,and shade structure installation. All necessary construction permits will be acquired by KML. KML staff will install life support equipment,tanks,plumbing, and miscellaneous equipment. Seawater table capacity: Up to 5,700-gal temperature-controlled(up to 20 fiberglass tables, 240- gal or equivalent), 1 Ogpm flow rates for system turnover every 4 hours or 6 times per day. Coral tank farm footprint:Figure 2.Two greenhouse shade structures with 80%shade cloth(total 2,800 sq ft„ 30' x 40' and 40' x 30'),raised perimeter retaining wall to stabilize gravel over drain fields, concrete pad to support two seawater reservoirs (1700-gal each), one heater/chiller unit(5- ton to maintain temperature-controlled seawater). Water source: Seawater will be supplied from an existing seawater well and treatment plant which has been in operation for more than ten years.Water quality has been monitored and tested regularly in accordance with Best Available Practices and Association of Zoos and Aquarium (AZA) recommendations. Upon completion of construction,water flow will be established and KML staff will work through the required testing and monitoring to ensure the system is fully functional,water flow can be maintained, and water conditions are suitable to support corals. The process of Commissioning the System will last a minimum of eight(8)weeks and is outlined below.Proper commissioning of the system is an absolute requirement to ensure functionality and suitable conditions can be maintained. Commissioning of the system (steps and data collection): 1. Daily water quality parameters will be monitored and collected with a YSI handheld sonde (minimum 3 weeks). This will include pH, salinity, 02, and temperature. 2. Weekly water quality parameters will be tested with aquaculture grade water quality testing kits (minimum 3 weeks). This will include ammonia, nitrite,nitrate,phosphates, copper. 3. Three (3) weeks after the system is operational, water samples will be collected at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab to test for VOCs,phosphates, sulfates, and total nitrogen. 4. Test live corals: Pending results of off-site water quality tests, live test corals will be held in the system for a minimum of two (2)weeks to ensure suitable water conditions have been met. Upon completion of construction,the system will have a unique designation agreed upon by all parties. The new system will include signage with logos including but not limited to DEP,FCR,Monroe County and KML logos.Design of signage will be completed by KML and submitted to all partners for review and approval prior to installation. DEP Agreement No. 22CPR01, Attachment 3,Page 3 of 12 Rev. 12.1.2023 1212 Although not funded under this agreement, the new system will be prioritized for emergency coral rescue efforts and coral restoration activities. If future support for operations and maintenance is provided by DEP, this system will be reserved for use by DEP. If funded by DEP, use of this system will be approved/authorized in writing by DEP to KML for coral response and restoration within 48- hours of use. Deliverables: The Grantee's subcontractor(KML)will submit: a) Milestone Timeline with estimated period of work for KML seawater system Project construction and completion. b) Seawater System schematic and map of design plan. c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly). d) Copies of all acquired permits for construction and buildout. e) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. f) Representative (5-10) photos of DEP SW system once construction is complete that shows the signage and logos detailed above. g) Social media post with 1-2 photos and 1-3 sentences highlighting the buildout/construction of the new system. Post should acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection and partnership with Monroe County. h) Water quality data during the commissioning of the SW system: i. Daily collection of pH, salinity, 02, and temperature (minimum of 3 weeks); ii. Weekly collection of ammonia, nitrite,nitrate,phosphates, and copper(min of 3 weeks); in. One-time collection of water samples at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab for VOCs,phosphates, sulfates, and total nitrogen; and iv. Summary of observations and applicable in-tank water test results from the final two week 'water quality specimen holding test' which ensures water quality parameters remain consistent to reef quality and KML existing system parameters after the introduction of specimens. i) Coordinate final site visit with the DEP. j) Draft report language summarizing the Project completion and operation status and will include water quality results and outcomes of test corals. Note: draft report will be integrated into Final report as part of Task 1.2. Task 1.2: Operation and Maintenance of existing KML Seawater Systems for coral emergency response and coral restoration efforts for two years (total 16 tables) Description: The Grantee will provide funding to KML for the operation and maintenance of sixteen (16)240-gal tables within existing temperature-controlled KML seawater systems to ensure land-based capacity and availability to support coral emergency responses and coral restoration activities e.g.coral holding,propagation, and grow-out(two I-year periods). DEP will provide approval to KML for use of the 16 prioritized tables for coral response and restoration within 48-hours of need. Tables funded under this Project (16) will be reserved for DEP approved usage and costs for such operation will be billed regardless of the total number of tables used in any given month over the course of the Project period. Over-flow capacity for coral emergency response and restoration using other existing KML seawater systems will be billed at posted KML rates. DEP Agreement No. 22CPRO1, Attachment 3,Page 4 of 12 Rev. 12.1.2023 1213 An onsite emergency backup generator, serviced and maintained by KML, will ensure life support is maintained to the KML seawater systems. The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Operations and maintenance of the systems will include KML staff support for daily and routine maintenance and administration, coral husbandry position for two years (50% effort), water quality monitoring and routine sampling, utilities costs to operate the system, purchasing any necessary equipment for replacements or repairs to ensure uninterrupted operations, purchase of supplies and consumables for cleaning and biosecurity,periodic veterinary inspections and services for coral health certifications, etc. Deliverables: The Grantee's subcontractor(KML)will submit: a) Daily work logs that document activities performed by support staff including routine maintenance (provided quarterly). b) Repair logs that document all repairs performed on the associated seawater systems and coral husbandry support(provided quarterly). c) Quarterly tracking and usage spreadsheet that documents the current operations of all DEP- supported seawater tables within KML seawater systems for the reporting period. Spreadsheet will include: I. Approved coral restoration entity and/or Principal Investigator ii. Number of tables and number of days used d) Quarterly water quality monitoring and sampling data(Excel spreadsheets): I. HOBO data logger — continuous water temperatures in representative seawater tables (note: HOBOS data downloaded at least monthly) ii. Daily Hand-held YSI data: water temp, % DO, salinity ppt,pH iii. Water quality test results: VOCs, phosphates, sulfates, and total nitrogen (sampled quarterly or once within each reporting period) e) A final report summarizing the operation and maintenance of systems (Note: final report must comply with Section 508 of the U.S.Rehabilitation Act(as amended),Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection).Final report will include the "Draft report" content from Task 1.1. Task 2: Infrastructure Expansion and Emergency Coral Transport Capability at/via Mote Marine Laboratory(Mote) The Grantee's subcontractor, Mote Marine Laboratory(Mote)will perform infrastructure expansion at the Elizabeth Moore International Center for Coral Reef Research and Restoration (IC2R3) (address: 24244 Overseas Highway, Summerland Key, FL 33042), a fully equipped marine science facility dedicated to marine research and education in the Lower Florida Keys(about 24 miles from Key West). Currently, this facility includes: • Category 5 hurricane resistant concrete building with 19,000 square feet of research labs, education classrooms, offices, and dormitories, vehicles and vessels, W1F1, and convenient access to Lower Florida Keys coral reef sites. • Approximately 40 Scientific, Education, Administrative, Facilities, and Life Support staff supporting IC2R3 - as well as coral restoration nurseries in Islamorada and Key Largo —and education/outreach locations at the History and Discovery Center in Islamorada and NOAA EcoDiscovery Center in Key West. DEP Agreement No. 22CPR01, Attachment 3,Page 5 of 12 Rev. 12.1.2023 1214 • Field support for visiting scientists (&�.i s o t.i. v i sJ t.o. ..r s t.j..,l2port). • Indoor and outdoor seawater systems,.......environmental control rooms, raceways and experimental tanks for mesocosm-level studies, including research on ocean acidification and climate change impacts to reef organisms (c!et�ils on wetlab re.se.arch sy, • Molecular equipment to process and prepare samples for generation sequencing, genomics, metagenomics and transcniptomics (details on microbiology and molect,flar biology dry. labs). ......................................................................................................... ............................................................................................................... .... ..... • Microbial supplies for molecular and culturable applications within the marine environment. • Carbonate chemistry laboratory for ocean acidification studies (details on 11 e n.D.i s�� dry ............. lab and Climate and Acidification Ocear .Sinnflat 1 . ................... ........................................................................................................................................................................................................................................:...................0) • Eco-friendly design with solar panels, rainwater capture system, and high-efficiency heating and cooling (J E E 1.). Go I d c e rti f.i.e d). ..................... .................... ............. ............ The wide variety of research and education programs conducted at Mote's IC2R3 reflect the diversity of Mote's staff and experience. Current Mote programs with ongoing research at IC2R3 include: • Co r..a I Re e f R..e s to. 12.1.i ol.l. • Coral Reef Monitoringc�Asse�ssment • Coral health&Disease Research ............................................................................................................................................................................................................ • E�.!2!2 i C!21.2ay • ..M a.d.il e & [��..r e s 11 w qt..el Agt,fact,fla.fre Research ...... .... ... . .. .... .. • 0 c e a i i A ci d i fi c a t i o i i Research ...................................................................................................................................................................................... Scientists at IC2R3 study coral reef communities' response to climate change impacts such as rising ocean temperatures and ocean acidification; investigate major coral disease outbreaks and the overall microbiome of microscopic life forms that can help or harm coral reefs; optimize coral reef restoration efforts with grazers studies and research on threatened and vulnerable species; assess the genetic diversity of native coral species, including the potential for genotypes (genetic varieties) with natural resilience to stressors, and more. Task 2.1: Supply Acquisition and Build-Out for New Land-Based Raceways Description: The supplies and miscellaneous/other items requested for this emergency coral infrastructure expansion will complement all the above-mentioned coral research and restoration resources and scientific expertise at Mote by adding a 20-raceway coral matrix(approximately 3ft x 3ft x 8ft and 350 gallons each)on the Mote owned IC2R3 property on Summerland Key. This Project will increase coral disturbance holding capacity to maintain basic life support needs, including separate/independent pumps, plumbing, electrical, and alarms required for appropriate coral health to maintain water treatment, flow, filtration, chemistry, temperature, and structure/shade-cloth for managing varying light needs for corals requiring temporary storage during emergency scenarios, such as in-situ water temperature and chemistry stress events, bleaching, disease, and storms. Funding will be used to support the purchase of all supplies and miscellaneous/other needed for buildout. The installation and buildout will be completed by Mote staff(not funded under this agreement). Once raceways become operational,they will continue to be maintained by existing trained/experienced Mote staff.Raceways will be marked with DEP,FCR, and Mote logos and will be prioritized for emergency coral rescue efforts. The use of these systems must be approved/authorized in writing by DEP throughout the duration of this agreement and in coordination with the DEP after agreement termination. Deliverables: The Grantee will submit: DEP Agreement No. 22CPRO 1, Attachment 3, Page 6 of 12 Rev. 12.1.2023 1215 a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in construction. b) Photos of area at IC2R3 before buildout of the 20-raceway matrix and associated life support systems. c) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. d) Photos of area at IC2R3 after buildout that show all 20-raceways and associated life support systems.Photos should show the DEP, FCR, and Mote logos being displayed on the new systems. e) Coordinate final site visit with DEP. f) Press Releases and/or Social Media posts after construction completion the 20-raceway matrix that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 2.2: Mobile "Live Hauler"Equipment Purchase and Build-Out Description: An approximately 1,200-gallon, 30 ft "live hauler" trailer will be purchased with independent mobile ability, towed via an existing Mote pickup truck 5'-wheel, with full coral life support systems (condensed mobile version to raceway matrix above —i.e. generator power, mobile filtration and heat pump, and divided spaces for biosecurity). This "live hauler" trailer will be used to transport corals from all restoration partners across the Florida Keys or to the mainland as needed for emergency safe storage or restoration purposes. This equipment purchase will become the property of the Grantee's subcontractor, Mote Marine Laboratory. Additional supplies/equipment needed for the build-out and outfitting of the "live hauler" trailer will not be funded under this agreement. The initial fabrication of the trailer will be done by Oceans Design and any final installation and buildout will be completed by Mote staff (not funded under this agreement). Additionally, the "live hauler"will also be marked with DEP, FCR and Mote logos on the exterior(unless otherwise noted by DEP) and will be prioritized for emergency coral rescue. Deliverables: The Grantee will submit: a) Purchase of the equipment ("live hauler" trailer) as evidenced by: Purchase order(s), vendor invoice(s), and pictures of equipment purchased. Completed Property Reporting Form, DEP 55- 211 (Exhibit B)with invoice copy. b) Photos of"live hauler". c) Press Releases and/or Social Media posts after construction completion the "live-hauler" that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3: Infrastructure expansion at the University of Miami Task 3 will expand land-based infrastructure at the University of Miami's (UM) facilities on Virginia Key for the purpose of holding/propagating future rescue corals in anticipation of the need for rapid disturbance response. UM will design, build, and commission the systems, and then use them to maintain and propagate rescued corals as needed. When not in use for rescue corals, UM will utilize these tanks for routine (non-emergency) propagation pipelines with the understanding that they must be available for rescue corals at short notice, as needed. In these situations, the use of these tanks will be approved/authorized in writing by DEP throughout the duration of the Project. UM will construct a new—2,500 sq. ft. shade house to accommodate this expansion. The shade house DEP Agreement No. 22CPRO1, Attachment 3,Page 7 of 12 Rev. 12.1.2023 1216 will be installed on an elevated gravel bed with retaining walls and buried plumbing and electrical supply. The shade house is a curved-roof construction(bow house) consisting of 50% shade-cloth and a poly liner to shield from rain. The facility will comprise thirty(30)recirculating aquaculture systems (RAS) in six (6) independent arrays of five tanks (30 tanks total). Initially, fifteen (15) propagation tanks will be built out in an existing expansion area and fifteen(15)propagation tanks in the new shade house. However, as the facility continues to expand, we will eventually consolidate all thirty disturbance response tanks into the new shade house that will be dedicated for this use. Each 115-gal tank is approx. 8'x3'xl' in dimensions,with a growable area of—25 sq. ft. (750 sq. ft.in total). Each 5-tank array is connected to a 185-gallon sump connected to a 3 hp heater/chiller unit, and each sump incorporates an internal protein skimmer. Pumps continually circulate water through each 5-tank array and temperatures are maintained to within loF.Volume of each 5-tank system totals—760 gallons,including plumbing, tanks, and sump. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Seawater will be replaced in each system on a weekly basis (-200 gal/week per 5-tank array, approx. 20%). Seawater is sourced locally from Bear Cut, passes through settlement tanks, sand filters, and a UV sterilizer and will be ozonated and degassed prior to being used as replacement water in coral tanks. The recirculation loop on each 5-tank system will also include an in-line UV unit to ensure continued sterilization on an ongoing basis. Task 3.1: Purchase and Install First 15 Tanks and Associated Life Support Description: Three arrays of 5 tanks each(15 tanks total)will be installed in an expansion area in our existing shade house. Installation and buildout will be completed by UM staff, assisted by the same sub-contractor(Full Spectrum Aquaculture) who installed the existing tank arrays in the shade house. Once construction is completed, tanks are allowed to condition for two weeks to allow residues/PVC glues to dissipate, and to test temperature control and water quality. After this period, corals are introduced to the tanks, where they will be maintained by UM staff. Raceways will be marked with DEP,FCR,and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts. The use of these systems for non-emergency use must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in the buildout(provided quarterly). b) Quarterly Project Management Report documenting the progress of installation and milestones completed to date.Report shall include 1-3 photos documenting the progress of installation.Report may be provided as part of the Exhibit A Progress Report. c) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems and signage/logos detailed above. d) Social Media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.2: Site Preparation, Construction of Shade house, and Installation of Second 15 Tanks and Associated Life Support Description:UM will undertake site preparations and installation of a new shade house at an expansion site adjacent to UM/Experimental Hatchery.This shade house will accommodate the second set of three DEP Agreement No. 22CPR01, Attachment 3,Page 8 of 12 Rev. 12.1.2023 1217 5-tank arrays. Site preparation, electrical/plumbing hookups, and shade house installation will all be undertaken by contractors/suppliers/vendors.Installation and buildout of tanks and life support will be completed by UM staff assisted by the same contractor(Full Spectrum Aquaculture) who installed all existing tank arrays. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Once raceways become operational, they will be maintained by UM staff. Raceways will be marked with DEP, FCR, and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts.The use of these systems must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) Map of site and planned construction area/designs. b) Copies of any permits for construction and buildout,if any required c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly) d) Quarterly Project Management Report documenting the progress of construction and milestones completed to date including site prep, plumbing, system buildout, shade house construction, and electrical. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. e) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems including signage/logos detailed above. f) Social media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.3: System Operations and Maintenance Description: UM will incorporate the newly constructed DEP Coral Response Seawater Systems into the operations and maintenance of its existing coral facility to ensure life support for corals and associated organisms. Current protocols at the University of Miami's facility include the following: Husbandry Protocols • Husbandry lists are completed daily with such activities as feeding, health examinations, water parameter monitoring, equipment checks, maintenance, isolation and treatment of new arrivals as well as various other essential tasks logged in a database. Open-up, daily and close-up activities are conducted, logged, and initialed to establish a record and degree of accountability. • All equipment is inspected upon arrival, and when leaving the facility at the end of the day. All aquarium systems are monitored 24/7/365 via temperature sensors. Should the temperature rise or fall outside of the designated range for that system, alerts are sent out via email and text message to a list of accountable staff members responsible for responding to, assessing, and addressing the alerts accordingly. • Aquariums and raceways are cleaned on a weekly basis.Native invertebrates such as snails,hermit crabs, and sea urchins are also used to aid in the reduction of nuisance algae growth. The platforms and plugs/tiles that coral fragments and colonies are held on are cleaned twice weekly to remove algae, filter feeding pests, and other items that accrue over time. Routine Health Assessment • A census of the different coral size classes is conducted daily, with any additional asexual fragmentation conducted and added to a running inventory list. A full inventory log is conducted quarterly to confirm these quantities. DEP Agreement No. 22CPRO1, Attachment 3,Page 9 of 12 Rev. 12.1.2023 1218 • Coral condition is monitored routinely, with practitioners performing health checks as part of the daily husbandry list. Observations include coral coloration, polyp extension (or lack of), new growth, signs of stress, and other factors. This assessment typically occurs multiple times per day by multiple staff members to ensure that all corals are inspected by multiple observers. • In cases of mortality, a loss of life analysis is conducted. This analysis consists of a full examination of the conditions surrounding the mortality. Factors of note include: observing corals sharing the same aquarium/water system, checking husbandry logs for irregularities, testing of water parameters for anything outside of acceptable range, etc. Any mortality is logged to identify any patterns of loss and update inventory,recording the species,genotype, and tank in which it was being held, as well as any supplemental information available for that individual. Water Quality Analyses • Daily: - Alkalinity, salinity, and temperature are monitored daily for each aquarium system. Salinity and temperature are measured using electronic HANNA probes that are calibrated monthly. Alkalinity is recorded via Red Sea alkalinity test kits. Target ranges for these parameters are as follows: Alkalinity 7-9 dKH, Temperature 74-85OF(adjusted seasonally), Salinity 1.024-1.027 relative specific gravity (32-36 ppt). - Oxidation-reduction potential(ORP) of ozonated supply water is observed at the start and end of day. The ozonation filtration system is equipped with automatic shutoff measures to safeguard against the dangers of straying above or below the required levels. After ozonation, incoming seawater passes through a carbon filter, and UV sterilizer to further ensure removal of any potentially hazardous ozone remaining in the water. Target range for ORP is 350-375 mV. • Weekly: - Ammonia,nitrite,nitrate,pH,phosphate,magnesium,calcium,and alkalinity are measured and recorded weekly for each system. Aquarium-grade kits are currently used for the testing of these parameters (API Saltwater Master Test Kit, Red Sea Foundation Pro Test Kit, HANNA Digital Phosphate Colorimeter). The equipment for this water quality monitoring is scheduled to be upgraded to spectrophotometric water sampling device to be kept on-site. - Target ranges for these parameters are as follows: Ammonia < 0.1 ppm, Nitrite < 0.1 ppm, Nitrate 0-5 ppm,pH 8.0-8.4,Phosphate <0.1 ppm (ideal range 0-0.03 ppm), Calcium 400-450 ppm,Magnesium 1200-1400 ppm, Alkalinity 7-9 dKH. • Monthly: - Water samples taken from each aquarium system are mailed out to an independent, off-site water quality laboratory (ICP Analysis). Reports consisting of the quantitative analysis of 56 different elements are received and compiled for detailed analysis of all aspects of mineral water quality. Incoming seawater and aquarium water are also routinely transported to an adjacent laboratory at the University of Miami's marine campus for analysis of bacterial content. We primarily monitor these minor parameters to assess changes in our incoming seawater supply that might affect or explain variation in the weekly parameters listed above. For this reason, we do not generally have a target range for these additional monthly parameters. Propagation and Transfer DEP Agreement No. 22CPR01, Attachment 3,Page 10 of 12 Rev. 12.1.2023 1219 • Microfragmentation occurs when parent colonies and existing fragments have overgrown their substrate.Parental/genotype information is recorded on the plug of each fragment. Approximately 50-100 new fragments are produced weekly for research or outplanting purposes. • All transfer events are communicated between participating organizations with advanced planning and coordination with a licensed veterinary technician. Any corals arriving/departing from/to other coral facilities must have an inspection prior to transport. Proper documentation consisting of species, genotype, quantity, original collection point, and destination information is provided by/to the transferring and receiving facilities. • Any corals leaving the facility to be outplanted on nurseries or reefs require an additional veterinary inspection if they have been held on site for more than 30 days before they are permitted to leave the facility. Deliverables: The Grantee will submit: a) Spreadsheet containing daily, weekly, and monthly water quality data, as described above under "Water Quality Analyses" (provided quarterly). b) Spreadsheet documenting "routine health assessments", as described above (provided quarterly) c) Representative images (5-10) of the raceways/tanks in use. Images should clearly show the tanks are labelled/marked with the DEP logo (provided quarterly). d) Current inventory cataloguing corals/fragments currently in holding and which tank/system they are being held in(excel spreadsheet) (provided quarterly). e) Coordinate final site visit with the Department. f) A final report summarizing the Project completion and operation status will include water quality results (Note: final report must comply with Section 508 of the U.S. Rehabilitation Act (as amended), Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection). Final report will also include a summary from Task 3.1 and 3.2. VL PERFORMANCE MEAUSURES: The Grantee will submit all deliverables electronically for each task to the Department's Grant Manager on or before the Task Due Date listed in the PrQ]ect Timeline below. The Department's Grant Manager will review the task deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description,include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty(30)calendar days.Tasks may include multiple deliverables to be completed.The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single sub-task, where such subcomponent(s) are delivered to the Department at one hundred percent(100%) completion.A "full deliverable"is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single sub-task, all delivered to the Department at one hundred percent(100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent(100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single sub-task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided in writing. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. VIL CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding DEP Agreement No. 22CPRO1, Attachment 3,Page 11 of 12 Rev. 12.1.2023 1220 Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed. If the Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. VIIL PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager,the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter;the approved Exhibit A,Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A,Progress Report Forms,have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. IX. STATUS REPORTS: Quarterly status reports are due no later than forty-five (45)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30, and December 31. The final quarterly status report is due no later than August 15, 2026. X. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the PrQI ect Timeline.Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Task Start Task Due No. Task Title Budget Category DEP Amount Date Date Infrastructure Construction,Equipment Contractual Upon 1.1 Installation,and Build-Out of New DEP Services $559,283 Execution 12/31/2025 Seawater System Operation and Maintenance of existing Contractual Upon 1.2 KML-NSF System for coral emergency Services $430,717 Execution 6/30/2026 response efforts for two years Supply Acquisition and Build-Out for Contractual Upon 2.1 New Land-Based Raceways Services $357,000 Execution 6/30/2025 Mobile"Live Hauler'Equipment Contractual Upon 2.2 Purchase and Build-Out Services $165,000 Execution 6/30/2025 Purchase and Install First 15 Tanks and Contractual Upon 3.1 Associated Life Support Services $206,295 Execution 12/31/2024 Site Preparation,Construction of Shade Contractual 3.2 house,and Installation of Second 15 Tanks Services $392,119 8/1/2024 7/31/2025 and Associated Life Support 3.3 System Operations&Maintenance Contractual $389,518 1/l/2025 6/30/2026 Services Total: Fs2,499,932 DEP Agreement No. 22CPRO1, Attachment 3,Page 12 of 12 Rev. 12.1.2023 1221 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 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S.,If Applicable. For the purposes of this paragraph, the term"contract"means the "Agreement." If Grantee is a"contractor"as defined in section 119.070l(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: Li llic.servic sC )t"Iloridad �).,ov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofl Rev.4/27/2018 1222 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART L•FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internetathl.q)s://span xov/consenl/assistance listinxs. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 1223 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at la;lt::t s://are�:�s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at h(t;;:�://www lc stcl;;(c I1 a�� cicorllc/mdex,,;clrt State of Florida's website at h1.g)://www.n�ylloridcl.con�/, Department of Financial Services' Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aud�cn/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 11/8/2022 1224 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 be found at hltp:�://hrvest:er.cen a Gov/I' cwckr/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E.J. . P.5 i kA W d> el,.st,cl(e.fl..:.:ls B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(jj..jp.//fjaadj:1or..LYov)provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E.J. . P.5 i kA W d> el,.st,cl(e.fl.:.:ls 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 11/8/2022 1225 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations),Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS-DEP 55-215 revised 11/8/2022 1226 / / 2 \ o \ o G o \ \ # bu \ # bu \ \ � IZII Q'I a S \ \ \ \ \ � � ) \ / , \ ® _ © \ \ / \ ` % Q © 7 ƒ / IZII \ \ \ \ \ a \ c ® 3 e \ \ 5 5 0 0` c E / \ / on E � \ � � /a \ \ � /_ � ) � /a � /■ .2 Q � / y � PLO \ / PLO PLO M\ « { : 1227 E, �z 41 rn cn O an ZZ 11) It 7;z 'ZZ cn cn -tj bf bf o 'zz to to blo on cn lull :j QJ 0 PLO PLO PLO u u PLO C,5 1228 ATTACHMENT 8 Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF)Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions,where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term"Recipient"shall mean"Grantee." Further,the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors, and to comply with the provisions of the award,the SURF implementing regulation,including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200),and all associated terms and conditions.Therefore,Grantees must include these requirements in all related subcontracts and/or sub- awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies The following provision is required if the Agreement is for more than$150,000.In addition to any of the remedies described elsewhere in the Agreement,if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules,or regulations,applicable to this Contract,the Non- Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above,do notpreclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunely Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color,religion, sex, sexual orientation,gender identity, or national origin. Such action shall include,but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Attachment 8 1 of 6 Rev.11/15/2022 1229 essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations, and relevant orders of the Secretary of Labor. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,1965,so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers,the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 6. Clean air Act(42 U.S. C. 7401-7671q.),the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387),and EPA Regulations If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Attachment 8 2of6 Rev.11/15/2022 1230 Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15).Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding$100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL,available at: rc2v/c �ly/1`orn�s/scn�ulc/`Fl l l 1 2 P V1.2.gdl`. . ....... ...... i. Grantees who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352.Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier,up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain;or enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as partof any system. See Section 889 of Public Law 115-232(National Defense Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must,to the greatest extent practical,give preference to the purchase, acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et seq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect;or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). Attachment 8 3of6 Rev.11/15/2022 1231 A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. C. The Recipient shall insert this clause,including this paragraph C,in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause,including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination(2 CFR§ 200.340) In accordance with 2 CFR §200.340,in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS).The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended(2 U.S.C. §1601 et seq.),prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant(and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225 (Oct. 6,2009),Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acguisitions Act of 1970 Where applicable,42 U.S.C. §§4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl, 2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. The FFATA legislation requires that information on federal awards(federal financial assistance and expenditures)be made available to the public via a single,searchable website,which is w w,....J; A. �er�g,;, v. Attachment 8 4of6 Rev.11/15/2022 1232 The Grantee agrees to provide the information necessary,within one(1)month of execution,for the Department to comply with this requirement. DEPARTMENT OF TREASURY-SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race,color,national origin,(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX),20 U.S.C. 1681 et seq., and the Department's implementing regulations,31 CFR 28; Age Discrimination Act of 1975,Public Law 94-135,42 U.S.C. 6101 et seq., and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964,as applicable,on an annual basis. This information may include a narrative descripting the recipient's compliance with Title VI,along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance All funds from SLFRF must be obligated by December 31,2024 and expended by December 31,2026. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects,the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date(month/year) ii. Projected/actual initiation of operation date(month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER$10 MILLION For infrastructure projects over$10 million,the following provisions apply: 1. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing,as determined by the U.S. Secretary of Labor in accordance with the Davis-Bacon Act,for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed.If the Grantee does not provide such certification,the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub-contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification;and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with the section 8(f)of the National Labor Relations Act(29 U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project Attachment 8 5of6 Rev.11/15/2022 1233 workforce continuity plan,detailing: i. How the Grantee will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses,injuries,and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market; and V. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement,with a description of any such agreement,if applicable. SLFRF WATER&SEWER PROJECTS For water and sewer projects,Grantees shall provide the following informationto the Department once the project starts,as appliable: i. National Pollutant Discharge Elimination System(NPDES)Permit Number, for projects aligned with the Clean Water State Revolving Fund ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State Revolving Fund. Attachment 8 6of6 Rev.11/15/2022 1234 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A— Progress Report and Deliverable Submission Form DEP Agreement No.: 22CPR01 Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Grantee Grant Manager Name: Andrew Roltsch DEP Grant Manager Name: Kristi Kerrigan Re ortin Period: Provide the following information for all tasks identified in Attachment 3 Grant Work Plan: Summarize the work completed within each task for the reporting period.Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering from Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering from Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided Exhibit A,Page 1 of 2 Rev.2/29/2024 1235 previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager(Original Ink or Adobe Date Certified Signature) For DEP Internal Use Only This report and the specific deliverables described in this Progress Report and Deliverable Submission Form demonstrate that the work under the tasks outlined in this form was satisfactorily performed and are hereby approved in accordance with the reporting requirements of the above DEP Agreement number. Signature of DEP Grant Manager or Designee (Original Ink or Date Adobe Certified Signature) Exhibit A,Page 2 of 2 Rev.2/29/2024 1236 o a o N N Vf ++ E 0 N Q 0) Q > O m u L t O o a 00 L C N o v u V O > ca > t C U + m cu N O c f6 O +� O v CL > +� o ,•, c v U m nm U 'a Q m IIIIIIIIIIII Lu III a m C IIIII✓H ° III u C a o wc 0) Q II J G i U IIIIIII'I' Q _ Illllllllm E a L L IIII Q o au IIIII��IN Ill�w, o " o ra +� > O L N Q fL6LLI cu me. a Q s a to Inilnnn ,,,, N Q \ 0 CC6 J m L e�mnM" L Z C7 IIII L a L au CL III Nf 0 �' C H n nn Q C i M y. 0. II61 Z C \ W c n@muw EA IIIII✓H \ L OLL c C O C7 N L IId II�✓HIW s on II Q Q N O ++ m N N LU tO L U a m : c a IIIIII O .0 3 0 IIIIIIIIIIII C N L o a QJ 0) a v L II Q N N v O nnn�pm✓H M C N IIIIIIIIIIII O i L m en N f6 C v u v � w f6 O N C O O m C a C C •Q LL 0 Q o 75 a o U E ++ CA y- w N 0, � O L p N y_ Q u�— t O o w U aI N N L \ O 'C: L N Ov .r +� c c m Q 4 c — c o a� ca O a E i_ m 'C Q o Q- a, °J UtLo _ N U EA L a 0) 0) o O w ba a t +.� Z o v ca +� co Z w L C N L 0 � M + 3 — O C LM rCo L QQ c � C 0p a c N > w E 0- 0 o 1237 Q a0 c 0) W � - .� o o Q O U � C7 C4 W o 0 0 0 0 0 0 0 0 W U A � � w x F $ 0 0 0 0 0 0 0 0 0 0 q W a W � C7 W oa 5 i F x o H W ~ 4 ICI o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 q o 0 0 0 0 0 0 0 0 WF o 0 0 0 0 0 0 0 0 a O W q a a m a �" v .. � �, S a o •„ FO 1238 § \ \ t ) = f &, 69z k ® � ) 0 � � $ k § � & \ § @ ( � j 1239 EXHIBIT C PART 1 - GRANTEE CERTIFICATION I , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) , do hereby certify for (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. that: 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature Print Name Print Name Date Date 1240 % \\ tA cl � } ° 00 B / 00 � 7 ) CD w 6 CD IT zo 1241 pEFAP Florida Department of Environmental Protection 4yV fir w° EXHIBIT G PHOTOGRAPHER RELEASE FORM "FbrAE p� FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO:22CPR01 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: ( ) Email: License and Indemnification I certify that I 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. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-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 Environmental Protection.Uses may include,but are not limited to: 1. Promotion of FDEP (including,but limited to publications,websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental 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 I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release,hold harmless and indemnify the Florida Department of Environmental 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. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G,DEP Agreement#: 22CPR01 11/19/2021 Page 1 of 1 1242 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22CPRO I Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Subcontractor: Note:Submit separate Exhibit H Certification for each additional subcontractor. Prior to making a request for payment of contractual services, the Grantee must provide the 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 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; 4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant manager. 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 certify that the procurement process the Grantee utilized follows all of said Grantee's non- Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Rev.1.4.2024 1243 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. Monroe County Board of County Commissioners is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 1244 Total Compensation Paid to Non-Profit Personnel Using State Funds Name: Title: 22CPR01 Agency Agreement/Contract# Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In-Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date: 1245 FDP Cost Reimbursement Subaward Federal Awarding Agency: Pass-Through Entity (PTE): Subrecipient: PTE PI: Sub PI: PTE Federal Award No: Subaward No: Project Title: Subaward Budget Period: Amount Funded This Action (USD): $ Start: End: Estimated Period of Performance: Incrementally Estimated Total(USD): $ Start: End: Terms and Conditions 1. PTE hereby awards a cost reimbursable subaward, (as determined by 2 CFR 200.331), to Subrecipient. The Statement of Work and budget for this Subaward are as shown in Attachment 5. In its performance of Subaward work, Subrecipient shall be an independent entity and not an employee or agent of PTE. 2. Subrecipient shall submit invoices not more often than monthly and not less frequently than quarterly for allowable costs incurred. Upon the receipt of proper invoices, the PTE agrees to process payments in accordance with this Subaward and 2 CFR 200.305. All invoices shall be submitted using Subrecipient's standard invoice, but at a minimum shall include current and cumulative costs(including cost sharing), breakdown by major cost category, Subaward number, and certification, as required in 2 CFR 200.415(a). Invoices that do not reference PTE Subaward number shall be returned to Subrecipient. Invoices and questions concerning invoice receipt or payments shall be directed to the party's Contact, shown in Attachment 3A. 3. A final statement of cumulative costs incurred, including cost sharing, marked"FINAL" must be submitted to PTE's Contact, as shown in Attachment 3A, not later than 60 days after The final statement of costs shall constitute Subrecipient's final financial report. 4. All payments shall be considered provisional and are subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. 5. Matters concerning the technical performance of this Subaward shall be directed to the appropriate party's Principal Investigator as shown in Attachments 3A and 3B. Technical reports are required as shown in Attachment 4. 6. Matters concerning the request or negotiation of any changes in the terms, conditions, or amounts cited in this Subaward, and any changes requiring prior approval, shall be directed to the PTE's Contact and the Subrecipient's Contact shown in Attachments 3A and 3B.Any such change made to this Subaward requires the written approval of each party's Authorized Official as shown in Attachments 3A and 3B. 7. The PTE may issue non-substantive changes to the Budget Period(s)and Budget . Unilateral modification shall be considered valid 14 days after receipt unless otherwise indicated by Subrecipient when sent to Subrecipient's Contact, as shown in Attachment 3B. 8. Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees, officers, or directors, to the extent allowed by law. 9. Either party may terminate this Subaward with 30 days written notice. Notwithstanding, if the Awarding Agency terminates the Federal Award, PTE will terminate in accordance with Awarding Agency requirements. PTE notice shall be directed to the Contact, and Subrecipient notice shall be directed to the Contact as shown in Attachments 3A and 3B. PTE shall pay Subrecipient for termination costs as allowable under Uniform Guidance, 2 CFR 200, or 45 CFR Part 75 Appendix IX, as applicable 10. By signing this Subaward, including the attachments hereto which are hereby incorporated by reference, Subrecipient certifies that it will perform the Statement of Work in accordance with the terms and conditions of this Subaward and the applicable terms of the Federal Award, including the appropriate Research Terms and Conditions("RTCs")of the Federal Awarding Agency, as referenced in Attachment 2. The parties further agree that they intend this subaward to comply with all applicable laws, regulations, and requirements. By an Authorized Official of the PTE: By an Authorized Official of the Subrecipient: Name: Date Name: Date Title: Title: 1246 FDP DEC L Subaward Number: Attachment 1 Certifications and Assurances Certification Regarding Lobbying (2 CFR 200.450) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement in accordance with 2 CFR 200.450. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"to the PTE. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Debarment, Suspension,and Other Responsibility Matters (2 CFR 200.214 and 2 CFR 180) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief that neither the Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR 200.213 and 2 CFR 180. Audit and Access to Records Subrecipient certifies that it will provide PTE with notice of any adverse findings which impact this Subaward. Subrecipient certifies compliance with applicable provisions of 2 CFR 200.501-200.521. If Subrecipient is not required to have a Single Audit as defined by 200.501, Awarding Agency requirements, or the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and will provide access to such audits upon request. Subrecipient will provide access to records as required by parts 2 CFR 200.337 and 200.338 as applicable. Program for Enhancement of Contractor Employee Protections (41 U.S.0 4712) Subrecipient is hereby notified that they are required to: inform their employees working on any federal award that they are subject to the whistleblower rights and remedies of the program; inform their employees in writing of employee whistleblower protections under 41 U.S.0 §4712 in the predominant native language of the workforce; and include such requirements in any agreement made with a subcontractor or subgrantee. The Subrecipient shall require that the language of the certifications above in this Attachment 1 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Use of Name Neither party shall use the other party's name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this Subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described. Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment Pursuant to 2 CFR 200.216, Subrecipient will not obligate or expend funds received under this Subaward to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or(3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services (as described in Public Law 115-232, section 889) as a substantial or essential component of any system, or as a critical technology as part of any system. 1247 Indemnification. To the extent provided by law, the [Subrecipient Entity/UM]shall indemnify, defend, and hold harmless the Monroe County and the State of Florida, Department of Environmental Protection, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s)of[ENTITY/UM], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by[Subrecipient ENTITY/UM]hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [Subrecipient ENTITY/UM]to indemnify Monroe County for the negligent acts or omissions of Monroe County, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [Subrecipient ENTITY/UM]to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement. The Subrecipient shall comply with the indemnification provisions under the DEP Grant Agreement, as set forth in Paragraph 18, Indemnification. Re Rts. The Subrecipient Entity/UM shall comply with the insurance requirements as set forth in Attachment 2 (Paragraph 8. Insurance.)to the Grant Agreement. The Department and Monroe County shall be named as additional insured on the Certificate of Insurance. MAINTENANCE OF RECORDS Subrecipient Entity/UM shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR§200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to subrecipient Entity/UM pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the subrecipient Entity/UM, the subrecipient Entity/ UM shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. The Subrecipient Entity/UM shall comply with provisions and may be required to submit forms and documentation as required and as outlined in the Grant Agreement and Attachments including but not limited to the provisions as set forth in Attachment 4-Public Records Requirements, Paragraph 22. Statutory Notices Relating to Unauthorized Employment and subcontract, and as set forth below: 1. Public Entity Crime Provisions 2. Discriminatory Vendors Provisions 3. Antitrust Violator Vendors Provisions 4. Scrutinized Companies Provisions A. For Contracts of any amount, if the County determines that the Subrecipient Entity/UM has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Subrecipient Entity/UM written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes,or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. B. For Contracts of $1,000,000 or more, if the County determines that the Subrecipient Entity/UM submitted a false certification under Section 287.135(5), Florida Statutes,or if the Subrecipient Entity/UM has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1)terminating the Agreement after it has given the Subrecipient Entity/UM written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes,or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. E-Verify System- Beginning January 1, 2021, in accordance with F.S. 448.095, the Subrecipient Entity and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 Ethics Clause. In accordance with Section 5 (b)Monroe County Ordinance No. 010-1990 the following ethics clause; Subrecipient Entity warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the 1248 prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 1249 Attachment 2 Subaward Number Federal Award Terms and Conditions Required Data Elements Awarding Agency Institute (If Applicable) The data elements required by Uniform Guidance are incorporated Federal Award Issue Date FAIN Assistance Listing No. This Subaward Is: Assistance Listing Program Title (ALPT) Research & Development Subject to FFATA Key Personnel Per NOA General Terms and Conditions By signing this Subaward, Subrecipient agrees to the following: 1. To abide by the conditions on activities and restrictions on expenditure of federal funds in appropriations acts that are applicable to this Subaward to the extent those restrictions are pertinent. This includes any recent legislation noted on the Federal Awarding Agency's website: 2. 2 CFR 200 3. The Federal Awarding Agency's grants policy guidance, including addenda in effect as of the beginning date of the period of performance or as amended found at: 4. Research Terms and Conditions, including any Federal Awarding Agency's Specific Requirements found at: except for the following a. No-cost extensions require the written approval of the PTE. Any requests for a no-cost extension shall be directed to the Contact shown in Attachment 3A, not less than 30 days prior to the desired effective date of the requested change. b. Any payment mechanisms and financial reporting requirements described in the applicable Federal Awarding Agency Terms and Conditions and Agency-Specific Requirements are replaced with Terms and Conditions(1)through (4)of this Subaward; and c. Any prior approvals are to be sought from the PTE and not the Federal Awarding Agency. d. Title to equipment as defined in 2 CFR 200.1 that is purchased or fabricated with research funds or Subrecipient cost sharing funds, as direct costs of the project or program, shall vest in the Subrecipient subject to the conditions specified in 2 CFR 200.313. e. Prior approval must be sought for a change in Subrecipient PI or change in Key Personnel(defined as listed on the NOA). 5.Treatment of program income: Special Terms and Conditions: Data Sharing and Access: Subrecipient agrees to comply with the Federal Awarding Agency's data sharing and/or access requirements as reflected in the NOA or the Federal Awarding Agency's standard terms and conditions as referenced in General Terms and Conditions 1-4 above. Data Rights: Subrecipient grants to PTE the right to use data created in the performance of this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Copyrights: to PTE an irrevocable, royalty-free, non-transferable, non-exclusive right and license to use, reproduce, make derivative works, display, and perform publicly any copyrights or copyrighted material(including any computer software and its documentation and/or databases)first developed and delivered under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Subrecipient grants to PTE the right to use any written progress reports and deliverables created under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its Federal Award. Promoting Objectivity in Research (COI): Subrecipient must designate herein which entity's Financial Conflicts of Interest policy(COI)will apply: If applying its own COI policy, by execution of this Subaward, Subrecipient certifies that its policy complies with the requirements of the relevant Federal Awarding Agency as identified herein: Subrecipient shall report any financial conflict of interest to PTE's Administrative Representative or COI contact, as designated on Attachment 3A. Any financial conflicts of interest identified shall, when applicable, subsequently be reported to Federal Awarding Agency. Such report shall be made before expenditure of funds authorized in this Subaward and within 45 days of any subsequently identified COI. 1250 The SUBRECIPIENT ENTITY/UM and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation,which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above$2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor,within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable,which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation,liability for unpaid wages,liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. §5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. §5.5 (b)(1), in the sum of 1251 $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. §5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. §5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. §5.5 (b)(1)through (4)and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. §5.5 (1)through (4). Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. Clean Air Act(42 U.S.C.7401-7671g.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387). Subrecipient Entity/UM agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q)and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387)and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The Subrecipient Entity/UM agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Subrecipient Entity/UM agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension"and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory . . authority other than Executive Order exclusions can a accessedr wn✓wn✓a.rnn at............... , y. Subrecipient Entity/UM is ,gc required to verify that none of the contractor's principals(defined at 2 C.F.R. §180.935)or its affiliates (defined at 2 C.F.R. §180.905)are excluded (defined at 2 C.F.R. §180.940)or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment(31 U.S.C.&1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds$100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) Compliance with Procurement of recovered materials as set forth in 2 CFR§200.323. SUBRECIPIENT ENTITY/UM must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, 1252 where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000-1 procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3.At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR 4 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Domestic preference for procurements as set forth in 2 CFR§200.322 The COUNTY and SUBRECIPIENT ENTITY/UM should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States(including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1)"Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Other Federal Requirements: Americans with Disabilities Act of 1990, as amended (ADA)—The SUBRECIPIENT ENTITY/UM will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the SUBRECIPIENT ENTITY/UM pursuant thereto. Disadvantaged Business Enterprise(DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its SUBRECIPIENT ENTITY/UM agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the SUBRECIPIENT ENTITY/UM and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the SUBRECIPIENT ENTITY/UM,with the funds authorized by this Agreement,seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the SUBRECIPIENT ENTITY/UM shall take the following affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance, as appropriate,of such organizations as the Small Business Administration and the 1253 Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. The Subrecipient Entity/UM shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subrecipient Entity/UM during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Energy Efficiency-SUBRECIPIENT ENTITY/UM will comply with the Energy Policy and Conservation Act(P.L. 94-163, 42 U.S.C. 6201-6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Subrecipient ENTITY/UM and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. SUBRECIPIENT ENTITY/UM and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),which prohibits discrimination on the basis of disabilities; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the SUBRECIPIENT ENTITY/UM, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,T C, agrees as follows: 1) The Subrecipient Entity/UM will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Subrecipient Entity/UM will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Subrecipient Entity/UM agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Subrecipient Entity/UM will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient Entity/UM,state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Subrecipient Entity/UM will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,or is consistent with the Subrecipient Entity/UM's legal duty to furnish information. 4) The Subrecipient Entity/UM will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Subrecipient Entity/UM's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 1254 5) The Subrecipient Entity/UM will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Subrecipient Entity/UM will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Subrecipient Entity/UM's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations,or orders, this contract may be canceled,terminated or suspended in whole or in part and the Subrecipient Entity/UM may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Subrecipient Entity/UM will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient Entity/UM will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a Subrecipient Entity/UM becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the Subrecipient Entity/UM may request the United States to enter into such litigation to protect the interests of the United States. 1255 Work Involving Human or Vertebrate Animals (Select Applicable Options) No Human or Vertebrate Animals Human Subjects Data(Select One) Additional Terms 1256 Subaward Number: Attachment 3A Pass-Through Entity(PTE)Contacts PTE Information Entity Name: Legal Address: Website: PTE Contacts Central Email: Principal Investigator Name: Email: Telephone Number: Administrative Contact Name: Email: Telephone Number: COI Contact email (if different to above): Financial Contact Name: Email: Telephone Number: Email invoices? Yes No Invoice email (if different): Authorized Official Name: Email: Telephone Number: PI Address: Administrative Address: Invoice Address: 1257 Attachment 3B Subaward Number: Research Subaward Agreement Subrecipient Contacts Subrecipient Information for FFATA reporting Entity's UEI/DUNS Name: EIN No.: Institution Type: UEI /DUNS: Currently registered in SAM.gov: Yes No Parent UEI / DUNS: Exempt from reporting executive compensation: Yes No (if no, complete 38 pg2) Place of Performance Information for FFATA reporting Physical Address, City, State(if U.S.)and Country: U.S.Entities only(insert in kir Placec:il a�i��'e,�tin'�., le cin'eai°u:weq Congressional District: Zip Code+4: Zip Code Look-up Subrecipient Contacts Central Email: Website: Principal Investigator Name: Email: Telephone Number: Administrative Contact Name: Email: Telephone Number: Financial Contact Name: Email: Telephone Number: Invoice Email: Authorized Official Name: Email: Telephone Number: Legal Address: Administrative Address: Payment Address: 1258 FDP 313.1 JAN 2020 Subaward Number: Attachment 3B-2 Highest Compensated Officers Subrecipient: Institution Name: PI Name: Highest Compensated Officers The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1) Internal Revenue Code of 1986. Officer 1 Name: Officer 1 Compensation: Officer 2 Name: Officer 2 Compensation: Officer 3 Name: Officer 3 Compensation: Officer 4 Name: Officer 4 Compensation: Officer 5 Name: Officer 5 Compensation: 1259 Subaward Number: Attachment 4 Reporting and Prior Approval Terms Subrecipient agrees to submit the following reports (PTE contacts are identified in Attachment 3A): Technical Reports: Monthly technical/progress reports will be submitted to the PTE's within days of of the end of the month. Quarterly technical/progress reports will be submitted within 30 days after the end of each project quarter to the PTE's Annual technical/progress reports will be submitted within days prior to the end of each budget period to the PTE's . Such report shall also include a detailed budget for the next Budget Period, updated other support for key personnel, certification of appropriate education in the conduct of human subject research of any new key personnel, and annual IRB or IACUC approval, if applicable. A Final technical/progress report will be submitted to the PTE's within days of the end of the Project Period or after termination of this award, whichever comes first. Technical/progress reports on the project as may be required by PTE's in order for the PTE to satisfy its reporting obligations to the Federal Awarding Agency. Prior Approvals: Carryover: Other Reports: In accordance with 37 CFR 401.14, Subrecipient agrees to notify both the Federal Awarding Agency via Edison and PTE's within 60 days after Subrecipient's inventor discloses invention(s) in writing to Subrecipient's personnel responsible for patent matters. The Subrecipient will submit a final invention report using Federal Awarding Agency specific forms to the PTE's within 60 days of the end of the Project Period to be included as part of the PTE's final invention report to the Federal Awarding Agency. A negative report is required: Property Inventory Report (only when required by Federal Awarding Agency), specific requirements below. Additional Technical and Reporting Requirements: 1260 Subaward Number: Attachment 5 Statement of Work, Cost Sharing, Indirects & Budget Statement of Work Below Attached, pages If award is FFATA eligible and SOW exceeds 4000 characters, include a Subrecipient Federal Award Project Description Budget Information Indirect Information Indirect Cost Rate (IDC)Applied % Cost Sharing Rate Type: If Yes, include Amount: $ Budget Details Below Attached, pages Budget Totals Direct Costs $ Indirect Costs $ Total Costs $ All amounts are in United States Dollars 1261 Subaward Number: Attachment 6 Notice of Award (NOA) and any additional documents The following pages include the NOA and if applicable any additional documentation referenced throughout this Subaward. Not incorporating the NOA or any additional documentation to this Subaward. 1262 MONROE COUNTY GRANT SUBCONTRACT UNIVERSITY OF MIAMI ATTACHMENT 5 SUBCONTRACTOR STATEMENT OF WORK AND REPORTING REQUIREMENTS I. PROJECT TITLE: Infrastructure expansion at the University of Miami: Monroe County Coral Resilience Project IL PROJECT LOCATION(S): University of Miami Facilities at Virginia Key-Lat/Long (25.733870, -80.159474) III. SCOPE OF WORK The goal of this project is to expand land-based infrastructure at the University of Miami's (UM) facilities on Virginia Key for the purpose of holding/propagating future rescue corals in anticipation of the need for rapid disturbance response. UM will design,build, and commission the systems, and then use them to maintain and propagate rescued corals as needed. UM will construct a new—2,500 sq. ft. shade house to accommodate this expansion. The shade house will be installed on an elevated gravel bed with retaining walls and buried plumbing and electrical supply. The shade house is a curved-roof construction(bow house) consisting of 50% shade-cloth and a poly liner to shield from rain. The facility will comprise thirty(30)recirculating aquaculture systems (RAS)in six(6)independent arrays of five tanks (30 tanks total). Task 3: Infrastructure expansion at the University of Miami Task 3 will expand land-based infrastructure at the University of Miami's (UM) facilities on Virginia Key for the purpose of holding/propagating future rescue corals in anticipation of the need for rapid disturbance response. UM will design,build, and commission the systems, and then use them to maintain and propagate rescued corals as needed.When not in use for rescue corals, UM will utilize these tanks for routine (non-emergency)propagation pipelines with the understanding that they must be available for rescue corals at short notice, as needed. In these situations,the use of these tanks will be approved/authorized in writing by DEP throughout the duration of the Project. UM will construct a new—2,500 sq. ft. shade house to accommodate this expansion. The shade house 1263 will be installed on an elevated gravel bed with retaining walls and buried plumbing and electrical supply. The shade house is a curved-roof construction(bow house) consisting of 50% shade-cloth and a poly liner to shield from rain. The facility will comprise thirty(30)recirculating aquaculture systems (RAS) in six (6) independent arrays of five tanks (30 tanks total). Initially, fifteen (15) propagation tanks will be built out in an existing expansion area and fifteen(15)propagation tanks in the new shade house. However, as the facility continues to expand, we will eventually consolidate all thirty disturbance response tanks into the new shade house that will be dedicated for this use. Each 115-gal tank is approx. 8'x3'xl' in dimensions,with a growable area of—25 sq. ft. (750 sq.ft.in total). Each 5-tank array is connected to a 185-gallon sump connected to a 3 hp heater/chiller unit, and each sump incorporates an internal protein skimmer. Pumps continually circulate water through each 5-tank array and temperatures are maintained to within loF.Volume of each 5-tank system totals—760 gallons,including plumbing, tanks, and sump. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Seawater will be replaced in each system on a weekly basis (-200 gal/week per 5-tank array, approx. 20%). Seawater is sourced locally from Bear Cut, passes through settlement tanks, sand filters, and a UV sterilizer and will be ozonated and degassed prior to being used as replacement water in coral tanks. The recirculation loop on each 5-tank system will also include an in-line UV unit to ensure continued sterilization on an ongoing basis. Task 3.1: Purchase and Install First 15 Tanks and Associated Life Support Description: Three arrays of 5 tanks each(15 tanks total)will be installed in an expansion area in our existing shade house. Installation and buildout will be completed by UM staff, assisted by the same sub-contractor (Full Spectrum Aquaculture) who installed the existing tank arrays in the shade house. Once construction is completed, tanks are allowed to condition for two weeks to allow residues/PVC glues to dissipate, and to test temperature control and water quality. After this period, corals are introduced to the tanks, where they will be maintained by UM staff. Raceways will be marked with DEP,FCR, and UM logos(at minimum) and will be prioritized for emergency coral rescue efforts.The use of these systems for non-emergency use must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in the buildout(provided quarterly). b) Quarterly Project Management Report documenting the progress of installation and milestones completed to date.Report shall include 1-3 photos documenting the progress of installation.Report may be provided as part of the Exhibit A Progress Report. c) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems and signage/logos detailed above. d) Social Media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.2: Site Preparation, Construction of Shade house, and Installation of Second 15 Tanks and Associated Life Support Description:UM will undertake site preparations and installation of anew shade house at an expansion site adjacent to UM/Experimental Hatchery.This shade house will accommodate the second set of three 1264 5-tank arrays. Site preparation, electrical/plumbing hookups, and shade house installation will all be undertaken by contractors/suppliers/vendors.Installation and buildout of tanks and life support will be completed by UM staff assisted by the same contractor(Full Spectrum Aquaculture) who installed all existing tank arrays. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Once raceways become operational, they will be maintained by UM staff. Raceways will be marked with DEP, FCR, and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts.The use of these systems must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) Map of site and planned construction area/designs. b) Copies of any permits for construction and buildout,if any required c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly) d) Quarterly Project Management Report documenting the progress of construction and milestones completed to date including site prep, plumbing, system buildout, shade house construction, and electrical. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. e) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems including signage/logos detailed above. f) Social media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.3: System Operations and Maintenance Description: UM will incorporate the newly constructed DEP Coral Response Seawater Systems into the operations and maintenance of its existing coral facility to ensure life support for corals and associated organisms. Current protocols at the University of Miami's facility include the following: Husbandry Protocols • Husbandry lists are completed daily with such activities as feeding, health examinations, water parameter monitoring, equipment checks, maintenance, isolation and treatment of new arrivals as well as various other essential tasks logged in a database. Open-up, daily and close-up activities are conducted, logged, and initialed to establish a record and degree of accountability. • All equipment is inspected upon arrival, and when leaving the facility at the end of the day. All aquarium systems are monitored 24/7/365 via temperature sensors. Should the temperature rise or fall outside of the designated range for that system, alerts are sent out via email and text message to a list of accountable staff members responsible for responding to, assessing, and addressing the alerts accordingly. • Aquariums and raceways are cleaned on a weekly basis.Native invertebrates such as snails,hermit crabs, and sea urchins are also used to aid in the reduction of nuisance algae growth. The platforms and plugs/tiles that coral fragments and colonies are held on are cleaned twice weekly to remove algae, filter feeding pests, and other items that accrue over time. Routine Health Assessment • A census of the different coral size classes is conducted daily, with any additional asexual fragmentation conducted and added to a running inventory list. A full inventory log is conducted quarterly to confirm these quantities. 1265 • Coral condition is monitored routinely, with practitioners performing health checks as part of the daily husbandry list. Observations include coral coloration, polyp extension (or lack of), new growth, signs of stress, and other factors. This assessment typically occurs multiple times per day by multiple staff members to ensure that all corals are inspected by multiple observers. • In cases of mortality, a loss of life analysis is conducted. This analysis consists of a full examination of the conditions surrounding the mortality. Factors of note include: observing corals sharing the same aquarium/water system, checking husbandry logs for irregularities, testing of water parameters for anything outside of acceptable range, etc.Any mortality is logged to identify any patterns of loss and update inventory,recording the species,genotype, and tank in which it was being held, as well as any supplemental information available for that individual. Water Quality Analyses • Daily: - Alkalinity, salinity, and temperature are monitored daily for each aquarium system. Salinity and temperature are measured using electronic HANNA probes that are calibrated monthly. Alkalinity is recorded via Red Sea alkalinity test kits. Target ranges for these parameters are as follows: Alkalinity 7-9 dKH, Temperature 74-85OF(adjusted seasonally), Salinity 1.024-1.027 relative specific gravity (32-36 ppt). - Oxidation-reduction potential(ORP)of ozonated supply water is observed at the start and end of day. The ozonation filtration system is equipped with automatic shutoff measures to safeguard against the dangers of straying above or below the required levels. After ozonation, incoming seawater passes through a carbon filter, and UV sterilizer to further ensure removal of any potentially hazardous ozone remaining in the water. Target range for ORP is 350-375 mV. • Weekly: - Ammonia,nitrite,nitrate,pH,phosphate,magnesium,calcium,and alkalinity are measured and recorded weekly for each system. Aquarium-grade kits are currently used for the testing of these parameters (API Saltwater Master Test Kit, Red Sea Foundation Pro Test Kit, HANNA Digital Phosphate Colorimeter). The equipment for this water quality monitoring is scheduled to be upgraded to spectrophotometric water sampling device to be kept on-site. - Target ranges for these parameters are as follows: Ammonia < 0.1 ppm, Nitrite < 0.1 ppm, Nitrate 0-5 ppm,pH 8.0-8.4,Phosphate <0.1 ppm (ideal range 0-0.03 ppm), Calcium 400-450 ppm,Magnesium 1200-1400 ppm, Alkalinity 7-9 dKH. • Monthly: - Water samples taken from each aquarium system are mailed out to an independent, off-site water quality laboratory (ICP Analysis). Reports consisting of the quantitative analysis of 56 different elements are received and compiled for detailed analysis of all aspects of mineral water quality. Incoming seawater and aquarium water are also routinely transported to an adjacent laboratory at the University of Miami's marine campus for analysis of bacterial content. We primarily monitor these minor parameters to assess changes in our incoming seawater supply that might affect or explain variation in the weekly parameters listed above. For this reason, we do not generally have a target range for these additional monthly parameters. Propagation and Transfer 1266 • Microfragmentation occurs when parent colonies and existing fragments have overgrown their substrate.Parental/genotype information is recorded on the plug of each fragment. Approximately 50-100 new fragments are produced weekly for research or outplanting purposes. • All transfer events are communicated between participating organizations with advanced planning and coordination with a licensed veterinary technician. Any corals arriving/departing from/to other coral facilities must have an inspection prior to transport. Proper documentation consisting of species, genotype, quantity, original collection point, and destination information is provided by/to the transferring and receiving facilities. • Any corals leaving the facility to be outplanted on nurseries or reefs require an additional veterinary inspection if they have been held on site for more than 30 days before they are permitted to leave the facility. Deliverables: The Grantee will submit: a) Spreadsheet containing daily, weekly, and monthly water quality data, as described above under "Water Quality Analyses" (provided quarterly). b) Spreadsheet documenting "routine health assessments", as described above (provided quarterly) c) Representative images (5-10) of the raceways/tanks in use. Images should clearly show the tanks are labelled/marked with the DEP logo (provided quarterly). d) Current inventory cataloguing corals/fragments currently in holding and which tank/system they are being held in(excel spreadsheet) (provided quarterly). e) Coordinate final site visit with the Department. f) A final report summarizing the Project completion and operation status will include water quality results (Note: final report must comply with Section 508 of the U.S. Rehabilitation Act (as amended), Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection). Final report will also include a summary from Task 3.1 and 3.2. 1267 Florlda Depart momtof Envlmmnomtel Protecdom DEP BU DCBEQ-CORADAL SIS FORM PROJECT TITLE:Emergency Coral Response Capactty for Lantl-Basetl Infrastructure SUBCONTRACTOR BUDGET DETAIL COST ANALYSIS-:f, Budget Items below to be provltletl by the Contractor or Grantee.See attach,d Instructions. Cost Analysis to be co mpletetl by the DepaRment Contract or Grant Manager.See at-hetl instmctmb, COMMENTS 1.PERSONNEL EXPENSES uHAllnra Allowable Reasonable N..,,., (Basis for Decision) A.Salaries-IN ame/Tltle/Positlon) Hourly Cost($) Hours Totals($) Antlrew Baker/Professor/PI 12282 216J _ $ 26,611.00 Coral Faculties Manager 35,62 3813.3 =$ 135,926,00 Research Assoclate 22,90 3813.3 = $ 87,318.00 Senlor Research Assoclate 36,74 2600.0 = $ 95,517,00 Intern 15,31 3120.0 = $ 4],]55.00 Total Salaries $ 393,02.00 B.FringeB—fits(Rat.%-Total salaries applicable) R.P.% Total Sal,App, Total$ Antlrew Baker/Professor/PI 26.90'Yo $ 26,611.00 $ 7,159,00 Coral Faculties Manager 33.30% $ 135,826.00 $ 45,230,00 R.search Assoclate 33.30'Yo $ 87,318.00 $ 29,076,00 Senlor Research Assoclate 33,30% $ 95,517,00 $ 31,906,00 Intern 0.00'Yo $ 4]1]55.00 $ Total Fringe $ 113,270,00 Total Personnel Expenses(A+B) $ 506,297,00 2 fnnnnrinnl Sarviras Descrlptlon Fee/Rate$ Quantity Totals$ Site p rep antl fencing $ 22,190,00 1 = $ 22,180.00 Shatlehouse structure $ 25,563,00 1 = $ 25,563,00 Electrical $ 70,358.00 1 = $ 70,359,00 RAS systems-sumps,pumps,lines $ 6,72.50 6 = $ 40,365.00 Shatlehausepatl-retainingwallandgrave1 $ 38,095.00 1 = $ 39,095,00 Lift station lnstaltatlon $ 3,454.00 1 = $ 3,454,00 Total Contractual Services $ 200,006,00 3,Ravel Per Fare/ Purpose/Destlnatlon Days Dlem$ Rate$ Mileage Totals$ $ $ $ Total Travel $ 4.Equlpment($5000armare) Descrlptlon unit Cost$ Quantity Totals$ 3ton heater-chillers o n FRP skitl/temp conhotler antl marine coating $ 11,424.67 6 = $ 69,549,00 Total Equipment $ 69,549,00 COMMENTS i Allnra for Decision) 5.1. l-(SEE SUPPLIES EXAMPLE TAB) Descrlptlon Fee/Rate$ Quantity Totals$ Hatch. s,pplies($100/tank/mo) $ 100.00 570 = $ 57,000,00 $ Total Supplies $ 57,000,00 6,Miscellaneous/Other E—ns.. Descrlptlon unit Cost$ Quantity Totals$ Sk'mmers pumps In{Ine UV,PVC(6 arrays) $ 2320.00 6 = $ 13,920,00 Monitoring egn,p—t(one per tank) $ 214.23 30 $ 6,42.00 Tanks,stantls,covers $ 1,709,00 30 = $ 51,240,00 $ Total Miscellaneous $ ]1,58].00 SUBTOTAL(1 thru 6) $ 903,437,00 ].Ovarhantlllntltrari(IS'Yo orlower) R.U.% Base$ Total$ 15,00%* $ 563,297,00 =$ 8449500 8.Total Butlget $ 987,932.00 Icertifythatthecostforeach line item bndgei cat.goryhasb—evaluat.d antl tleterminetlto be allowable,reasonable,antl necessaryasrequiretl by Section 216.3476,Floritla Statute,Documentadonisonfiteevitlencingthemethetlotogyusetlantltheconclusionsreachetl. Name: Signature: Ti0e: Date: 1268 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Coral Resilience Project 22CPRO1 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Board of County Commissioners Entity Type: Local Government Grantee Address: 500 Whitehead Street FEID: 59-6000749 Key West,FL 33040 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon execution 9/30/2026 4. Project Number: Project Location(s): Layton,Summerland Key,and Virginia Key (If differentfi-om AgreementNumbet) Project Description: The project will provide infrastructure support for corals in the event that evacuation and holding is necessary. 5. Total Amount of Funding: Funding Source? Award#s or Line-Item Appropriations: Amount per Sources : ❑ State [Z]Federal 152-D FY 21/22 2,500,000.00 $2 500 000.00 ❑ State []Federal ❑ State ❑Federal $ ❑ Grantee Match $ Total Amount of Funding+Grantee Match,if any: S 2,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Kristi Kerrigan Name: Andrew Roltsch or successor or successor Address: Coral Protection and Restoration Program Address: Monroe County 8000 N Ocean Dr. 1100 Simonton Street,Suite 2-213 Dania Beach, FL 33004 Key West, FL 33040 Phone: 561-681-6632 Phone: 305-292-4476 Email: Kristi.Kerrigan(a,FloridaDEP.gov Email: Roltsch-andrew(a,monroe-county-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements 0 Attachment 5: Special Audit Requirements ❑Attachment 6:Program-Specific Requirements ❑Attachment 7: Grant Award Terms(Federal) *Copy available at h11p //fact:.�.,.fllf�.,.ca,in accordance with section 215.985,F.S. 0 Attachment 8: Federal Regulations and Terms(Federal) ❑Additional Attachments(if necessary): 0 Exhibit A:Progress Report Form 0 Exhibit B:Property Reporting Form 0 Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo 0 Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 22CPR01 1 269 Rev. 1/31._. ✓❑ Additional Exhibits(if necessary):Exhibit G:Photographer Release Form,Exhibit H:Contractual Services Certification;Exhibit K Non Profit Organization Compensation Form 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a 1 : Federal Award Identification Numbers (FAIN): SLFRP0125 Unique Entity Identifier(UEl): QKLSCT2LM7M9 Federal Award Date to Department: 2/4/2022 Federal Award Project Description: Monroe County Coral Resilience Project Total Federal Funds Obligated by this Agreement: 2,500,000.00 Federal Awarding Agency: U.S. Department of Treasury Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Monroe County Board of County Commissioners GRANTEE Grantee Name By (AuthorizedSignature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Agreement No. 22CPR01 1 270 Rev. 1/31._. ORCP Additional Signatures DEP Grant Manager, Kristi Kerrigan DEP QC Reviewer, Hanna Tillotson Grantee may add additional signatures below, if needed. 1271 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal, and other written communication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of13 Rev.9/15/2023 1272 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. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. 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 submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of13 Rev.9/15/2023 1273 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: hl-t;it s://www.aruyfloridacfo.com/does sl%acconullin n �u��flilang Iibr�ri€,./stet€::;., c�Zencies/rel`erence aide for st., e:yj)en&1aare� n)all`. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee may request from the Department that all invoice payments (i.e.,cost reimbursement)under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity"under subsection 288.0656(2),F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c),F.S.; iii. Grantee's performance has been verified by the Department,which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s),rule(s)and regulation(s)allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law,rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: I�(t;;:�s://fr;k� or /coaaaaaaanla( plci;rlr�ca�g ctrld Of GrpRor(aanity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a non-profit organization under section 215.97(2)(m),F.S.,Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1 3of13 Rev.9/15/2023 1274 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website,if Contractor maintains a website. h. 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. i. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. 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: I�(t;,:�s://www.n�ylloridacl`o.com/division/c c/local t oven�n�en(s/N�rd em n( in{crest rates. 1. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salaa/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price Attachment 1 4 of 13 Rev.9/15/2023 1275 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, 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 reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31.The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work 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. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1 5of13 Rev.9/15/2023 1276 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1 6 of 13 Rev.9/15/2023 1277 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; 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; 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; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; 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 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 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, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole Attachment 1 7of13 Rev.9/15/2023 1278 discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized 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 following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1 8of13 Rev.9/15/2023 1279 not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. 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 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, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management 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. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA)-Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing 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 manufactured product has been established under applicable law or regulation; and Attachment 1 9of13 Rev.9/15/2023 1280 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 tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,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. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act,including the following provision: a. Signage Requirements a.Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: b.Procuring Signs: Consistent with section 6002 of RCRA,42 U.S.C. 6962,and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable.Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the official Investing in America emblem or EPA logo or seal)into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in section 287.135,F.S.Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions,then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347,F.S.,except that pursuant to the requirements of section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with sections 11.062 and 216.347,F.S. 28. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during Attachment 1 10 of 13 Rev.9/15/2023 1281 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 General Records Schedules maintained by the Florida Department of State (available at: hlt;;:�://dos.m Ilorida.com/lik�r� •archives/records m�na xemenk/xeneralrecords schedules�. 29. Audits. a. Inspector General. The Grantee understands its duty,pursuant to section 20.055(5), F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: rll;\I;s,la;. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1 11 of 13 Rev.9/15/2023 1282 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 not apply to agreements where payments are made purely on a cost reimbursement basis. 30. 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. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee, subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both 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. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. Attachment 1 12 of 13 Rev.9/15/2023 1283 37. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under 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. 38. 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 of any assignment,Grantee remains secondarily liable forperformance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 13 of 13 Rev.9/15/2023 1284 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22CPR01 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. The Project funded under this Agreement is Monroe County Coral Resilience Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pa. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. For purposes of this Agreement,the Grantee will be considered the owner of any nonexpendable and/or nonconsumable personal property or equipment costing$5,000 or more purchased for the completion of the Project under a subcontract.Upon satisfactory completion of this Agreement,the Grantee will require its subcontractor to account for and report on all nonexpendable and/or nonconsumable personal property or equipment purchased under its subcontract in accordance with the Grantee's financial reporting and inventory control requirements.Based on the subcontractor report,the Grantee will submit Exhibit B,Property Reporting Form,to the Department with any applicable requests for reimbursement.Nonexpendable and/or nonconsumable personal property or equipment purchased for the Project by a subcontractor is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72 and/or Chapter 691-73,F.A.C.,as applicable,and should be capitalized,when appropriate,in accordance with GAAP and the Grantee's financial reporting requirements.The following terms shall apply: a. The Grantee and/or its subcontractor(s)shall have use of the nonexpendable and/or nonconsumable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. Attachment 2 1 of 3 Rev.8/8/2023 1285 b. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the nonexpendable and/or nonconsumable personal property or equipment in good operating condition. c. The Grantee is responsible for any loss,damage,or theft of,and any loss,damage or injury caused by the use of,nonexpendable and/or nonconsumable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. d. The Grantee is responsible for keeping a current and accurate inventory of any nonexpendable and/or nonconsumable personal property or equipment in accordance with its financial reporting and inventory control requirements. The Department may request an annual copy of these inventory records for the life of the Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager.The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any 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. Attachment 2 2of3 Rev.8/8/2023 1286 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or 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 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) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 3of3 Rev.8/8/2023 1287 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22CPROI ATTACHMENT 3 I. PROJECT TITLE: Monroe County Coral Resilience Project IL PROJECT LOCATION(S): The Project will be located in the following locations: a. City of Layton within Monroe County—Lat/Long (24.825901, -80.814207) b. City of Summerland Key within Monroe County—Lat/Long (24.661389, -81.454444) c. Virginia Key within Miami-Dade County—Lat/Long (25.733870, -80.159474) III. PROJECT BACKGROUND: Florida's Coral Reef spans over 350 miles of continuous,diverse,coral reef ecosystems and is abeautiful,national treasure that supports an incredible amount of life in addition to providing jobs,protection, and enjoyment for millions of residents and visitors. In the summer of 2023,Florida's Coral Reef(FCR) experienced an extreme coral bleaching event,that resulted in significant mortality of several different coral species across FCR. In response, evacuation efforts and land-based holding of Endangered Species Act-listed species and stony coral tissue loss disease susceptible species proved to be necessary to preserve genetic diversity for future propagation efforts. This mass movement and temporary holding of corals from in-situ nurseries to ex-situ holding facilities identified a gap in existing infrastructure for emergency response,which slowed our ability to move and hold corals efficiently. Coral bleaching has been occurring more frequently over the past few decades, and some level of bleaching has occurred every year since 2011. In July 2023,NOAA recorded the highest South Florida sea temperatures (35°C/95°F) since in-water measurements started in 1981. In addition, FCR has seen outbreaks of disease,most notably the outbreak of stony coral tissue loss disease in 2014 which is now endemic to the entirety of the reef and affects over 23 different stony coral species.Understanding that major disturbance events such as bleaching or disease outbreaks will continue to happen,it is important to have precautions in place to facilitate a rapid response when necessary, including the development of and maintenance of holding facilities specifically designated for emergency response. IV. PROJECT DESCRIPTION: The Monroe County Board of County Commissioners (Grantee) will conduct the Monroe County Coral Resilience Project (Project). The overall goal of this Project is to provide infrastructure support for corals in the event that evacuation and holding is necessary. The Grantee will sub-contract Keys Marine Laboratory,Mote Marine Laboratory, and University of Miami to complete the work. This Project fulfills the emergency assistance request of the Florida's Coral Reef Resilience Program (FCRRP) and is consistent with State of Florida Restoration Priorities for Florida's Coral Reef. 2021- 2026 and Florida's Bleaching Response Plan. The outcomes of this Project will be incorporated into the disturbance response efforts which seeks to improve understanding about the scale and severity of the disturbance on Florida's Coral Reef, identify management actions to remediate impacts, restore affected resources, and ultimately propagate thermally and disease tolerant species. As such, collaboration amongst partners is encouraged when appropriate to avoid duplication of efforts and ensure alignment of needs. Coordination with other partners is recommended, as appropriate. DEP Agreement No. 22CPRO1, Attachment 3,Page 1 of 12 Rev. 12.1.2023 1288 V. TASKS AND DELIVERABLES: Task 1: Infrastructure Expansion and Coral Holdine at Keys Marine Laboratory Task 1 will add land-based capacity for coral (and other associated reef organisms) by providing life support for holding, propagation, and to facilitate a rapid emergency response. This work will be completed by the Keys Marine Laboratory (KML) under this Project and will include Project Management to design, plan, acquire permits as necessary, coordinate construction, and complete startup of the land-based DEP Coral Response Seawater System (Figure 1). u .CM j 0 l. D�' i do a r✓ r/% /� N. 09,'01 P �WM Figure 1. Site map of Keys Marine Laboratory and location of proposed DEP seawater system. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of South Florida (USF) as host institution for Florida Institute of Oceanography (FIO) (also known as Keys Marine Laboratory) (Tasks 1.1). The Florida Keys are in an area of high hurricane activity.Equipment shall be designed to resist high- velocity winds and wave action in accordance with local, state, and federal requirements. Task 1 will also provide support for the operation and maintenance of sixteen (16) 240-gal seawater tables within existing KML System for coral emergency response efforts and coral restoration activities for two years (Task 1.2). Tables within KML SW systems will be maintained and operated by KML and prioritized for use by the coral restoration community with advanced notice, approval, and scheduling. Coral restoration practitioners will follow the approval process to be determined by DEP. DEP will provide approval to KML for use of the sixteen (16) DEP-supported tables for coral response and restoration within 48-hours. DEP Agreement No. 22CPR01, Attachment 3,Page 2 of 12 Rev. 12.1.2023 1289 Task 1.1: Infrastructure Construction, Equipment Installation, and Build-Out of New DEP Seawater System (Keys Marine Laboratory) Description The Grantee's subcontractor(KML)will act as Project Manager to oversee the planning, coordination, and construction of the expanded seawater system. Supplies, equipment, and other miscellaneous materials will be purchased in order to complete the expansion. All equipment, assets, supplies and other miscellaneous materials purchased for and used in the construction, installation or build-out of this system will be become the property of the University of South Florida(USF) as host institution for FIO. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation, retaining wall installation to stabilize tank farm and drain fields, any necessary concrete construction,gravel for final grading and finishing,and shade structure installation. All necessary construction permits will be acquired by KML. KML staff will install life support equipment,tanks,plumbing, and miscellaneous equipment. Seawater table capacity: Up to 5,700-gal temperature-controlled(up to 20 fiberglass tables, 240- gal or equivalent), 1 Ogpm flow rates for system turnover every 4 hours or 6 times per day. Coral tank farm footprint:Figure 2.Two greenhouse shade structures with 80%shade cloth(total 2,800 sq ft„ 30' x 40' and 40' x 30'),raised perimeter retaining wall to stabilize gravel over drain fields, concrete pad to support two seawater reservoirs (1700-gal each), one heater/chiller unit(5- ton to maintain temperature-controlled seawater). Water source: Seawater will be supplied from an existing seawater well and treatment plant which has been in operation for more than ten years.Water quality has been monitored and tested regularly in accordance with Best Available Practices and Association of Zoos and Aquarium (AZA) recommendations. Upon completion of construction,water flow will be established and KML staff will work through the required testing and monitoring to ensure the system is fully functional,water flow can be maintained, and water conditions are suitable to support corals. The process of Commissioning the System will last a minimum of eight(8)weeks and is outlined below.Proper commissioning of the system is an absolute requirement to ensure functionality and suitable conditions can be maintained. Commissioning of the system (steps and data collection): 1. Daily water quality parameters will be monitored and collected with a YSI handheld sonde (minimum 3 weeks). This will include pH, salinity, 02, and temperature. 2. Weekly water quality parameters will be tested with aquaculture grade water quality testing kits (minimum 3 weeks). This will include ammonia, nitrite,nitrate,phosphates, copper. 3. Three (3) weeks after the system is operational, water samples will be collected at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab to test for VOCs,phosphates, sulfates, and total nitrogen. 4. Test live corals: Pending results of off-site water quality tests, live test corals will be held in the system for a minimum of two (2)weeks to ensure suitable water conditions have been met. Upon completion of construction,the system will have a unique designation agreed upon by all parties. The new system will include signage with logos including but not limited to DEP,FCR,Monroe County and KML logos.Design of signage will be completed by KML and submitted to all partners for review and approval prior to installation. DEP Agreement No. 22CPR01, Attachment 3,Page 3 of 12 Rev. 12.1.2023 1290 Although not funded under this agreement, the new system will be prioritized for emergency coral rescue efforts and coral restoration activities. If future support for operations and maintenance is provided by DEP, this system will be reserved for use by DEP. If funded by DEP, use of this system will be approved/authorized in writing by DEP to KML for coral response and restoration within 48- hours of use. Deliverables: The Grantee's subcontractor(KML)will submit: a) Milestone Timeline with estimated period of work for KML seawater system Project construction and completion. b) Seawater System schematic and map of design plan. c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly). d) Copies of all acquired permits for construction and buildout. e) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. f) Representative (5-10) photos of DEP SW system once construction is complete that shows the signage and logos detailed above. g) Social media post with 1-2 photos and 1-3 sentences highlighting the buildout/construction of the new system. Post should acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection and partnership with Monroe County. h) Water quality data during the commissioning of the SW system: i. Daily collection of pH, salinity, 02, and temperature (minimum of 3 weeks); ii. Weekly collection of ammonia, nitrite,nitrate,phosphates, and copper(min of 3 weeks); in. One-time collection of water samples at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab for VOCs,phosphates, sulfates, and total nitrogen; and iv. Summary of observations and applicable in-tank water test results from the final two week 'water quality specimen holding test' which ensures water quality parameters remain consistent to reef quality and KML existing system parameters after the introduction of specimens. i) Coordinate final site visit with the DEP. j) Draft report language summarizing the Project completion and operation status and will include water quality results and outcomes of test corals. Note: draft report will be integrated into Final report as part of Task 1.2. Task 1.2: Operation and Maintenance of existing KML Seawater Systems for coral emergency response and coral restoration efforts for two years (total 16 tables) Description: The Grantee will provide funding to KML for the operation and maintenance of sixteen (16)240-gal tables within existing temperature-controlled KML seawater systems to ensure land-based capacity and availability to support coral emergency responses and coral restoration activities e.g.coral holding,propagation, and grow-out(two I-year periods). DEP will provide approval to KML for use of the 16 prioritized tables for coral response and restoration within 48-hours of need. Tables funded under this Project (16) will be reserved for DEP approved usage and costs for such operation will be billed regardless of the total number of tables used in any given month over the course of the Project period. Over-flow capacity for coral emergency response and restoration using other existing KML seawater systems will be billed at posted KML rates. DEP Agreement No. 22CPRO1, Attachment 3,Page 4 of 12 Rev. 12.1.2023 1291 An onsite emergency backup generator, serviced and maintained by KML, will ensure life support is maintained to the KML seawater systems. The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Operations and maintenance of the systems will include KML staff support for daily and routine maintenance and administration, coral husbandry position for two years (50% effort), water quality monitoring and routine sampling, utilities costs to operate the system, purchasing any necessary equipment for replacements or repairs to ensure uninterrupted operations, purchase of supplies and consumables for cleaning and biosecurity,periodic veterinary inspections and services for coral health certifications, etc. Deliverables: The Grantee's subcontractor(KML)will submit: a) Daily work logs that document activities performed by support staff including routine maintenance (provided quarterly). b) Repair logs that document all repairs performed on the associated seawater systems and coral husbandry support(provided quarterly). c) Quarterly tracking and usage spreadsheet that documents the current operations of all DEP- supported seawater tables within KML seawater systems for the reporting period. Spreadsheet will include: I. Approved coral restoration entity and/or Principal Investigator ii. Number of tables and number of days used d) Quarterly water quality monitoring and sampling data(Excel spreadsheets): I. HOBO data logger — continuous water temperatures in representative seawater tables (note: HOBOS data downloaded at least monthly) ii. Daily Hand-held YSI data: water temp, % DO, salinity ppt,pH iii. Water quality test results: VOCs, phosphates, sulfates, and total nitrogen (sampled quarterly or once within each reporting period) e) A final report summarizing the operation and maintenance of systems (Note: final report must comply with Section 508 of the U.S.Rehabilitation Act(as amended),Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection).Final report will include the "Draft report" content from Task 1.1. Task 2: Infrastructure Expansion and Emergency Coral Transport Capability at/via Mote Marine Laboratory(Mote) The Grantee's subcontractor, Mote Marine Laboratory(Mote)will perform infrastructure expansion at the Elizabeth Moore International Center for Coral Reef Research and Restoration (IC2R3) (address: 24244 Overseas Highway, Summerland Key, FL 33042), a fully equipped marine science facility dedicated to marine research and education in the Lower Florida Keys(about 24 miles from Key West). Currently, this facility includes: • Category 5 hurricane resistant concrete building with 19,000 square feet of research labs, education classrooms, offices, and dormitories, vehicles and vessels, W1F1, and convenient access to Lower Florida Keys coral reef sites. • Approximately 40 Scientific, Education, Administrative, Facilities, and Life Support staff supporting IC2R3 - as well as coral restoration nurseries in Islamorada and Key Largo —and education/outreach locations at the History and Discovery Center in Islamorada and NOAA EcoDiscovery Center in Key West. DEP Agreement No. 22CPR01, Attachment 3,Page 5 of 12 Rev. 12.1.2023 1292 • Field support for visiting scientists (d.gjgi I s oll v i s i l,.Q r s i f[ 2q). • Indoor and outdoor seawater systems, environmental control rooms, raceways and experimental tanks for mesocosm-level studies, including research on ocean acidification and climate change impacts to reef organisms (c!�ils on wetlab re.se.arch sy, • Molecular equipment to process and prepare samples for generation sequencing, genomics, metagenomics and transcniptomics (&.12.i I s oil i.l]i c rQ b i o I o..gy q1j.d 121 0 1 o..gy dj-...Y. 1212,). • Microbial supplies for molecular and culturable applications within the marine environment. • Carbonate chemistry laboratory for ocean acidification studies (details on.c 11 e 1.2]i sl� dly ............. lab and Climate and Acidification Ocear .Sinnflat 1 . ................... ........................................................................................................................................................................................................................................:...................0) • Eco-friendly design with solar panels, rainwater capture system, and high-efficiency heating and cooling (.1 E E 1.) G ol d c elti f-i e--4................. .................. ...................... The wide variety of research and education programs conducted at Mote's IC2R3 reflect the diversity of Mote's staff and experience. Current Mote programs with ongoing research at IC2R3 include: • Co r..a I Re e f R..e s to. 12.1.i ol.l. • Coral Reef Monitoringc�Asse�ssment • Coral health&Disease Research ............................................................................................................................................................................................................ • E�.!2!2 i C!21.2ay • ..M a.d.il e & [��..r e s w qt..el Agt,fact,fla.fre Research ...... .... ... . .. .... .. • 0 c e a i i A ci d i fi c a t i o i i Research ...................................................................................................................................................................................... Scientists at IC2R3 study coral reef communities' response to climate change impacts such as rising ocean temperatures and ocean acidification; investigate major coral disease outbreaks and the overall microbiome of microscopic life forms that can help or harm coral reefs; optimize coral reef restoration efforts with grazers studies and research on threatened and vulnerable species; assess the genetic diversity of native coral species, including the potential for genotypes (genetic varieties) with natural resilience to stressors, and more. Task 2.1: Supply Acquisition and Build-Out for New Land-Based Raceways Description: The supplies and miscellaneous/other items requested for this emergency coral infrastructure expansion will complement all the above-mentioned coral research and restoration resources and scientific expertise at Mote by adding a 20-raceway coral matrix(approximately 3ft x 3ft x 8ft and 350 gallons each)on the Mote owned IC2R3 property on Summerland Key. This Project will increase coral disturbance holding capacity to maintain basic life support needs, including separate/independent pumps, plumbing, electrical, and alarms required for appropriate coral health to maintain water treatment, flow, filtration, chemistry, temperature, and structure/shade-cloth for managing varying light needs for corals requiring temporary storage during emergency scenarios, such as in-situ water temperature and chemistry stress events, bleaching, disease, and storms. Funding will be used to support the purchase of all supplies and miscellaneous/other needed for buildout. The installation and buildout will be completed by Mote staff(not funded under this agreement). Once raceways become operational,they will continue to be maintained by existing trained/experienced Mote staff.Raceways will be marked with DEP,FCR, and Mote logos and will be prioritized for emergency coral rescue efforts. The use of these systems must be approved/authorized in writing by DEP throughout the duration of this agreement and in coordination with the DEP after agreement termination. Deliverables: The Grantee will submit: DEP Agreement No. 22CPRO 1, Attachment 3, Page 6 of 12 Rev. 12.1.2023 1293 a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in construction. b) Photos of area at IC2R3 before buildout of the 20-raceway matrix and associated life support systems. c) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. d) Photos of area at IC2R3 after buildout that show all 20-raceways and associated life support systems.Photos should show the DEP, FCR, and Mote logos being displayed on the new systems. e) Coordinate final site visit with DEP. f) Press Releases and/or Social Media posts after construction completion the 20-raceway matrix that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 2.2: Mobile "Live Hauler"Equipment Purchase and Build-Out Description: An approximately 1,200-gallon, 30 ft "live hauler" trailer will be purchased with independent mobile ability, towed via an existing Mote pickup truck 5'-wheel, with full coral life support systems (condensed mobile version to raceway matrix above —i.e. generator power, mobile filtration and heat pump, and divided spaces for biosecurity). This "live hauler" trailer will be used to transport corals from all restoration partners across the Florida Keys or to the mainland as needed for emergency safe storage or restoration purposes. This equipment purchase will become the property of the Grantee's subcontractor, Mote Marine Laboratory. Additional supplies/equipment needed for the build-out and outfitting of the "live hauler" trailer will not be funded under this agreement. The initial fabrication of the trailer will be done by Oceans Design and any final installation and buildout will be completed by Mote staff (not funded under this agreement). Additionally, the "live hauler"will also be marked with DEP, FCR and Mote logos on the exterior(unless otherwise noted by DEP) and will be prioritized for emergency coral rescue. Deliverables: The Grantee will submit: a) Purchase of the equipment ("live hauler" trailer) as evidenced by: Purchase order(s), vendor invoice(s), and pictures of equipment purchased. Completed Property Reporting Form, DEP 55- 211 (Exhibit B)with invoice copy. b) Photos of"live hauler". c) Press Releases and/or Social Media posts after construction completion the "live-hauler" that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3: Infrastructure expansion at the University of Miami Task 3 will expand land-based infrastructure at the University of Miami's (UM) facilities on Virginia Key for the purpose of holding/propagating future rescue corals in anticipation of the need for rapid disturbance response. UM will design, build, and commission the systems, and then use them to maintain and propagate rescued corals as needed. When not in use for rescue corals, UM will utilize these tanks for routine (non-emergency) propagation pipelines with the understanding that they must be available for rescue corals at short notice, as needed. In these situations, the use of these tanks will be approved/authorized in writing by DEP throughout the duration of the Project. UM will construct a new—2,500 sq. ft. shade house to accommodate this expansion. The shade house DEP Agreement No. 22CPRO1, Attachment 3,Page 7 of 12 Rev. 12.1.2023 1294 will be installed on an elevated gravel bed with retaining walls and buried plumbing and electrical supply. The shade house is a curved-roof construction(bow house) consisting of 50% shade-cloth and a poly liner to shield from rain. The facility will comprise thirty(30)recirculating aquaculture systems (RAS) in six (6) independent arrays of five tanks (30 tanks total). Initially, fifteen (15) propagation tanks will be built out in an existing expansion area and fifteen(15)propagation tanks in the new shade house. However, as the facility continues to expand, we will eventually consolidate all thirty disturbance response tanks into the new shade house that will be dedicated for this use. Each 115-gal tank is approx. 8'x3'xl' in dimensions,with a growable area of—25 sq. ft. (750 sq. ft.in total). Each 5-tank array is connected to a 185-gallon sump connected to a 3 hp heater/chiller unit, and each sump incorporates an internal protein skimmer. Pumps continually circulate water through each 5-tank array and temperatures are maintained to within loF.Volume of each 5-tank system totals—760 gallons,including plumbing, tanks, and sump. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Seawater will be replaced in each system on a weekly basis (-200 gal/week per 5-tank array, approx. 20%). Seawater is sourced locally from Bear Cut, passes through settlement tanks, sand filters, and a UV sterilizer and will be ozonated and degassed prior to being used as replacement water in coral tanks. The recirculation loop on each 5-tank system will also include an in-line UV unit to ensure continued sterilization on an ongoing basis. Task 3.1: Purchase and Install First 15 Tanks and Associated Life Support Description: Three arrays of 5 tanks each(15 tanks total)will be installed in an expansion area in our existing shade house. Installation and buildout will be completed by UM staff, assisted by the same sub-contractor(Full Spectrum Aquaculture) who installed the existing tank arrays in the shade house. Once construction is completed, tanks are allowed to condition for two weeks to allow residues/PVC glues to dissipate, and to test temperature control and water quality. After this period, corals are introduced to the tanks, where they will be maintained by UM staff. Raceways will be marked with DEP,FCR,and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts. The use of these systems for non-emergency use must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in the buildout(provided quarterly). b) Quarterly Project Management Report documenting the progress of installation and milestones completed to date.Report shall include 1-3 photos documenting the progress of installation.Report may be provided as part of the Exhibit A Progress Report. c) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems and signage/logos detailed above. d) Social Media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.2: Site Preparation, Construction of Shade house, and Installation of Second 15 Tanks and Associated Life Support Description:UM will undertake site preparations and installation of a new shade house at an expansion site adjacent to UM/Experimental Hatchery.This shade house will accommodate the second set of three DEP Agreement No. 22CPR01, Attachment 3,Page 8 of 12 Rev. 12.1.2023 1295 5-tank arrays. Site preparation, electrical/plumbing hookups, and shade house installation will all be undertaken by contractors/suppliers/vendors.Installation and buildout of tanks and life support will be completed by UM staff assisted by the same contractor(Full Spectrum Aquaculture) who installed all existing tank arrays. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Once raceways become operational, they will be maintained by UM staff. Raceways will be marked with DEP, FCR, and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts.The use of these systems must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) Map of site and planned construction area/designs. b) Copies of any permits for construction and buildout,if any required c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly) d) Quarterly Project Management Report documenting the progress of construction and milestones completed to date including site prep, plumbing, system buildout, shade house construction, and electrical. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. e) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems including signage/logos detailed above. f) Social media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.3: System Operations and Maintenance Description: UM will incorporate the newly constructed DEP Coral Response Seawater Systems into the operations and maintenance of its existing coral facility to ensure life support for corals and associated organisms. Current protocols at the University of Miami's facility include the following: Husbandry Protocols • Husbandry lists are completed daily with such activities as feeding, health examinations, water parameter monitoring, equipment checks, maintenance, isolation and treatment of new arrivals as well as various other essential tasks logged in a database. Open-up, daily and close-up activities are conducted, logged, and initialed to establish a record and degree of accountability. • All equipment is inspected upon arrival, and when leaving the facility at the end of the day. All aquarium systems are monitored 24/7/365 via temperature sensors. Should the temperature rise or fall outside of the designated range for that system, alerts are sent out via email and text message to a list of accountable staff members responsible for responding to, assessing, and addressing the alerts accordingly. • Aquariums and raceways are cleaned on a weekly basis.Native invertebrates such as snails,hermit crabs, and sea urchins are also used to aid in the reduction of nuisance algae growth. The platforms and plugs/tiles that coral fragments and colonies are held on are cleaned twice weekly to remove algae, filter feeding pests, and other items that accrue over time. Routine Health Assessment • A census of the different coral size classes is conducted daily, with any additional asexual fragmentation conducted and added to a running inventory list. A full inventory log is conducted quarterly to confirm these quantities. DEP Agreement No. 22CPRO1, Attachment 3,Page 9 of 12 Rev. 12.1.2023 1296 • Coral condition is monitored routinely, with practitioners performing health checks as part of the daily husbandry list. Observations include coral coloration, polyp extension (or lack of), new growth, signs of stress, and other factors. This assessment typically occurs multiple times per day by multiple staff members to ensure that all corals are inspected by multiple observers. • In cases of mortality, a loss of life analysis is conducted. This analysis consists of a full examination of the conditions surrounding the mortality. Factors of note include: observing corals sharing the same aquarium/water system, checking husbandry logs for irregularities, testing of water parameters for anything outside of acceptable range, etc. Any mortality is logged to identify any patterns of loss and update inventory,recording the species,genotype, and tank in which it was being held, as well as any supplemental information available for that individual. Water Quality Analyses • Daily: - Alkalinity, salinity, and temperature are monitored daily for each aquarium system. Salinity and temperature are measured using electronic HANNA probes that are calibrated monthly. Alkalinity is recorded via Red Sea alkalinity test kits. Target ranges for these parameters are as follows: Alkalinity 7-9 dKH, Temperature 74-85OF(adjusted seasonally), Salinity 1.024-1.027 relative specific gravity (32-36 ppt). - Oxidation-reduction potential(ORP) of ozonated supply water is observed at the start and end of day. The ozonation filtration system is equipped with automatic shutoff measures to safeguard against the dangers of straying above or below the required levels. After ozonation, incoming seawater passes through a carbon filter, and UV sterilizer to further ensure removal of any potentially hazardous ozone remaining in the water. Target range for ORP is 350-375 mV. • Weekly: - Ammonia,nitrite,nitrate,pH,phosphate,magnesium,calcium,and alkalinity are measured and recorded weekly for each system. Aquarium-grade kits are currently used for the testing of these parameters (API Saltwater Master Test Kit, Red Sea Foundation Pro Test Kit, HANNA Digital Phosphate Colorimeter). The equipment for this water quality monitoring is scheduled to be upgraded to spectrophotometric water sampling device to be kept on-site. - Target ranges for these parameters are as follows: Ammonia < 0.1 ppm, Nitrite < 0.1 ppm, Nitrate 0-5 ppm,pH 8.0-8.4,Phosphate <0.I ppm (ideal range 0-0.03 ppm), Calcium 400-450 ppm,Magnesium 1200-1400 ppm, Alkalinity 7-9 dKH. • Monthly: - Water samples taken from each aquarium system are mailed out to an independent, off-site water quality laboratory (ICP Analysis). Reports consisting of the quantitative analysis of 56 different elements are received and compiled for detailed analysis of all aspects of mineral water quality. Incoming seawater and aquarium water are also routinely transported to an adjacent laboratory at the University of Miami's marine campus for analysis of bacterial content. We primarily monitor these minor parameters to assess changes in our incoming seawater supply that might affect or explain variation in the weekly parameters listed above. For this reason, we do not generally have a target range for these additional monthly parameters. Propagation and Transfer DEP Agreement No. 22CPR01, Attachment 3,Page 10 of 12 Rev. 12.1.2023 1297 • Microfragmentation occurs when parent colonies and existing fragments have overgrown their substrate.Parental/genotype information is recorded on the plug of each fragment. Approximately 50-100 new fragments are produced weekly for research or outplanting purposes. • All transfer events are communicated between participating organizations with advanced planning and coordination with a licensed veterinary technician. Any corals arriving/departing from/to other coral facilities must have an inspection prior to transport. Proper documentation consisting of species, genotype, quantity, original collection point, and destination information is provided by/to the transferring and receiving facilities. • Any corals leaving the facility to be outplanted on nurseries or reefs require an additional veterinary inspection if they have been held on site for more than 30 days before they are permitted to leave the facility. Deliverables: The Grantee will submit: a) Spreadsheet containing daily, weekly, and monthly water quality data, as described above under "Water Quality Analyses" (provided quarterly). b) Spreadsheet documenting "routine health assessments", as described above (provided quarterly) c) Representative images (5-10) of the raceways/tanks in use. Images should clearly show the tanks are labelled/marked with the DEP logo (provided quarterly). d) Current inventory cataloguing corals/fragments currently in holding and which tank/system they are being held in(excel spreadsheet) (provided quarterly). e) Coordinate final site visit with the Department. f) A final report summarizing the Project completion and operation status will include water quality results (Note: final report must comply with Section 508 of the U.S. Rehabilitation Act (as amended), Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection). Final report will also include a summary from Task 3.1 and 3.2. VL PERFORMANCE MEAUSURES: The Grantee will submit all deliverables electronically for each task to the Department's Grant Manager on or before the Task Due Date listed in the PrQ]ect Timeline below. The Department's Grant Manager will review the task deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description,include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty(30)calendar days.Tasks may include multiple deliverables to be completed.The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single sub-task, where such subcomponent(s) are delivered to the Department at one hundred percent(100%) completion.A "full deliverable"is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single sub-task, all delivered to the Department at one hundred percent(100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent(100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single sub-task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided in writing. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. VIL CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding DEP Agreement No. 22CPRO1, Attachment 3,Page 11 of 12 Rev. 12.1.2023 1298 Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed. If the Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. VIIL PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager,the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter;the approved Exhibit A,Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A,Progress Report Forms,have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. IX. STATUS REPORTS: Quarterly status reports are due no later than forty-five (45)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30, and December 31. The final quarterly status report is due no later than August 15, 2026. X. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the PrQI ect Timeline.Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Task Start Task Due No. Task Title Budget Category DEP Amount Date Date Infrastructure Construction,Equipment Contractual Upon 1.1 Installation,and Build-Out of New DEP Services $559,283 Execution 12/31/2025 Seawater System Operation and Maintenance of existing Contractual Upon 1.2 KML-NSF System for coral emergency Services $430,717 Execution 6/30/2026 response efforts for two years Supply Acquisition and Build-Out for Contractual Upon 2.1 New Land-Based Raceways Services $357,000 Execution 6/30/2025 Mobile"Live Hauler'Equipment Contractual Upon 2.2 Purchase and Build-Out Services $165,000 Execution 6/30/2025 Purchase and Install First 15 Tanks and Contractual Upon 3.1 Associated Life Support Services $206,295 Execution 12/31/2024 Site Preparation,Construction of Shade Contractual 3.2 house,and Installation of Second 15 Tanks Services $392,119 8/1/2024 7/31/2025 and Associated Life Support 3.3 System Operations&Maintenance Contractual $389,518 1/l/2025 6/30/2026 Services Total: Fs2,499,932 DEP Agreement No. 22CPRO1, Attachment 3,Page 12 of 12 Rev. 12.1.2023 1299 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 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S.,If Applicable. For the purposes of this paragraph, the term"contract"means the "Agreement." If Grantee is a"contractor"as defined in section 119.070l(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: Li llic.servic sC )t"Iloridad �).,ov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofl Rev.4/27/2018 1300 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART L•FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internetathl.q)s://span xov/consenl/assistance listinxs. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 1301 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at la;lt::t s://are�:�s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at h(t;;:�://www lc stcl;;(c I1 a�� cicorllc/mdex,,;clrt State of Florida's website at h1.g)://www.n�ylloridcl.con�/, Department of Financial Services' Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aud�cn/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 11/8/2022 1302 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 be found at hltp:�://hrvest:er.cen a Gov/I' cwckr/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E.J. . P.5 i kA W d> el,.st,cl(e.fl..:.:ls B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(jj..jp.//fjaadj:1or..LYov)provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E.J. . P.5 i kA W d> el,.st,cl(e.fl.:.:ls 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 11/8/2022 1303 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations),Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS-DEP 55-215 revised 11/8/2022 1304 / / 2 \ o \ o G o \ \ # bu \ # bu \ \ � IZII Q'I a S \ \ \ \ \ � � ) \ / , \ ® _ © \ \ / \ ` % Q © 7 ƒ / IZII \ \ \ \ \ a \ c ® 3 e \ \ 5 5 0 0` c E / \ / on E � \ � � /a \ \ � /_ � ) � /a � /■ .2 Q � / y � PLO \ / PLO PLO M\ « { : 1305 E, O Ca 1c. uj Qj C.J Qj Qj o un Qj 7� Qj rn IQ, CZ Q Qj Qj = Q S. cn Qj bp cn cn cn z z "tj o 7; 7; to to on lz 44 PLO PLO PLO C—,5 1306 ATTACHMENT 8 Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF)Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions,where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term"Recipient"shall mean"Grantee." Further,the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors, and to comply with the provisions of the award,the SURF implementing regulation,including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200),and all associated terms and conditions.Therefore,Grantees must include these requirements in all related subcontracts and/or sub- awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies The following provision is required if the Agreement is for more than$150,000.In addition to any of the remedies described elsewhere in the Agreement,if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules,or regulations,applicable to this Contract,the Non- Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above,do notpreclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunely Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color,religion, sex, sexual orientation,gender identity, or national origin. Such action shall include,but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Attachment 8 1 of 6 Rev.11/15/2022 1307 essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations, and relevant orders of the Secretary of Labor. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers,the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 6. Clean air Act(42 U.S. C. 7401-7671q.),the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387),and EPA Regulations If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Attachment 8 2of6 Rev.11/15/2022 1308 Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15).Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding$100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL,available at: rc2v/c �ly/1`orn�s/scn�ulc/`Fl l l 1 2 P V1.2.gdl`. . ....... ...... i. Grantees who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352.Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier,up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain;or enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as partof any system. See Section 889 of Public Law 115-232(National Defense Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must,to the greatest extent practical,give preference to the purchase, acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et seq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect;or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). Attachment 8 3of6 Rev.11/15/2022 1309 A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. C. The Recipient shall insert this clause,including this paragraph C,in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause,including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination(2 CFR§ 200.340) In accordance with 2 CFR §200.340,in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS).The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended(2 U.S.C. §1601 et seq.),prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant(and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225 (Oct. 6,2009),Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acguisitions Act of 1970 Where applicable,42 U.S.C. §§4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl, 2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. The FFATA legislation requires that information on federal awards(federal financial assistance and expenditures)be made available to the public via a single,searchable website,which is w w,....J; A. �er�g,;, v. Attachment 8 4of6 Rev.11/15/2022 1310 The Grantee agrees to provide the information necessary,within one(1)month of execution,for the Department to comply with this requirement. DEPARTMENT OF TREASURY-SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race,color,national origin,(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX),20 U.S.C. 1681 et seq., and the Department's implementing regulations,31 CFR 28; Age Discrimination Act of 1975,Public Law 94-135,42 U.S.C. 6101 et seq., and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964,as applicable,on an annual basis. This information may include a narrative descripting the recipient's compliance with Title VI,along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance All funds from SLFRF must be obligated by December 31,2024 and expended by December 31,2026. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects,the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date(month/year) ii. Projected/actual initiation of operation date(month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER$10 MILLION For infrastructure projects over$10 million,the following provisions apply: 1. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing,as determined by the U.S. Secretary of Labor in accordance with the Davis-Bacon Act,for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed.If the Grantee does not provide such certification,the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub-contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification;and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with the section 8(f)of the National Labor Relations Act(29 U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project Attachment 8 5of6 Rev.11/15/2022 1311 workforce continuity plan,detailing: i. How the Grantee will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses,injuries,and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market; and V. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement,with a description of any such agreement,if applicable. SLFRF WATER&SEWER PROJECTS For water and sewer projects,Grantees shall provide the following information to the Department once the project starts,as appliable: i. National Pollutant Discharge Elimination System(NPDES)Permit Number, for projects aligned with the Clean Water State Revolving Fund ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State Revolving Fund. Attachment 8 6of6 Rev.11/15/2022 1312 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A— Progress Report and Deliverable Submission Form DEP Agreement No.: 22CPR01 Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Grantee Grant Manager Name: Andrew Roltsch DEP Grant Manager Name: Kristi Kerrigan Re ortin Period: Provide the following information for all tasks identified in Attachment 3 Grant Work Plan: Summarize the work completed within each task for the reporting period.Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering from Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering from Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided Exhibit A,Page 1 of 2 Rev.2/29/2024 1313 previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager(Original Ink or Adobe Date Certified Signature) For DEP Internal Use Only This report and the specific deliverables described in this Progress Report and Deliverable Submission Form demonstrate that the work under the tasks outlined in this form was satisfactorily performed and are hereby approved in accordance with the reporting requirements of the above DEP Agreement number. Signature of DEP Grant Manager or Designee (Original Ink or Date Adobe Certified Signature) Exhibit A,Page 2 of 2 Rev.2/29/2024 1314 o a o N N Vf ++ E 0 N Q 0) Q > O m u L t O o a 00 L C N o v u V O > ca > t C U + m cu N O c f6 O +� O v CL > +� o ,•, c v U m nm U 'a Q m IIIIIIIIIIII Lu III a m C IIIII✓H ° III u C a o wc 0) Q II J G i U IIIIIII'I' Q _ Illllllllm E a L L IIII Q o au IIIII��IN Ill�w, o " o ra +� > O L N Q fL6LLI cu me. a Q s a to Inilnnn ,,,, N Q \ 0 CC6 J m L e�mnM" L Z C7 IIII L a L au CL III Nf 0 �' C H n nn Q C i M y. 0. II61 Z C \ W c n@muw EA IIIII✓H \ L OLL c C O C7 N L IId II�✓HIW s on II Q Q N O ++ m N N LU tO L U a m : c a IIIIII O .0 3 0 IIIIIIIIIIII C N L o a QJ 0) a v L II Q N N v O nnn�pm✓H M C N IIIIIIIIIIII O i L m en N f6 C v u v � w f6 O N C O O m C a C C •Q LL 0 Q o 75 a o U E ++ CA y- w N 0, � O L p N y_ Q u�— t O o w U aI N N L \ O 'C: L N Ov .r +� c c m Q 4 c — c o a� ca O a E i_ m 'C Q o Q- a, °J UtLo _ N U EA L a 0) 0) o O w ba a t +.� Z o v ca +� co Z w L C N L 0 � M + 3 — O C LM rCo L QQ c � C 0p a O ca c N > w 0Qo o ;� E 1315 0) u W cu o .� 0 o Q O U � F o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C7 C4 W o 0 0 0 0 0 0 0 0 W U A � � w x F $ 0 0 0 0 0 0 0 0 0 0 q W a W � C7 W oa 5 i H W ~ 4 ICI o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 q o 0 0 0 0 0 0 0 0 WF o 0 0 0 0 0 0 0 0 a O W q a a m a �" v .. � �, S a o •„ FO 1316 § \ \ t ) = f &, 69z k ® � ) 0 � � $ k § � & \ § @ ( � j 1317 EXHIBIT C PART 1 - GRANTEE CERTIFICATION I , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) , do hereby certify for (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. that: 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature Print Name Print Name Date Date 1318 % \\ tA cl � } ° 00 B / 00 � 7 ) CD w 6 CD IT zo 1319 pEFAP Florida Department of Environmental Protection 4yV fir w° EXHIBIT G PHOTOGRAPHER RELEASE FORM "FbrAE p� FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO:22CPR01 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: ( ) Email: License and Indemnification I certify that I 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. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-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 Environmental Protection.Uses may include,but are not limited to: 1. Promotion of FDEP (including,but limited to publications,websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental 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 I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release,hold harmless and indemnify the Florida Department of Environmental 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. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G,DEP Agreement#: 22CPR01 11/19/2021 Page 1 of 1 1320 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22CPRO I Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Subcontractor: Note:Submit separate Exhibit H Certification for each additional subcontractor. Prior to making a request for payment of contractual services, the Grantee must provide the 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 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; 4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant manager. 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 certify that the procurement process the Grantee utilized follows all of said Grantee's non- Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Rev.1.4.2024 1321 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. Monroe County Board of County Commissioners is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 1322 Total Compensation Paid to Non-Profit Personnel Using State Funds Name: Title: 22CPR01 Agency Agreement/Contract# Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In-Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date: 1323 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Tuesday, March 19, 2024 2:56 PM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz- Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John Subject: Item C23 BOCC 03/20/2024 REVISED BACKUP Attachments: AIS 2229 C23 REVISED BACKUP.pdf, 22CPR01 0. Full Grant Agreement-Monroe County REV Backup 2229.pdf Good afternoon, Please be advised,the agenda item backup has been revised for item C23. "Approval ofFlorida Department of Environmental Protection (FDEP) Monroe County Coral Resilience Project Grant Agreement No. 22CPR01 in the amount of$2,500,000.00 and authorization for the Grant Manager to execute all grant documents, to provide funding for the development of infrastructure support for corals in the event that evacuation and holding is necessary due to a coral bleaching event. Authorization is also requested for the County Administrator to sign three subaward agreements as finalized by the County Attorney's Office. The county will subaward with University of South Florida as host institute for Florida Institute of Oceanography(FIO) also known as Keys Marine Laboratory, Mote Marine Laboratory, and University of Miami. The grant is awarded through the Resilient Florida Program and is full funded in the amount of $2,500,000.00 with no match required. " Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r o n r y e c_ u�n1y:�:V_e.gpy gqjz..- Y .�.. _rn nroecou�_n�.Y..-.�..:. .Y. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 C23 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting March 20, 2024 Agenda Item Number: C23 2023-2229 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Andrew Roltsch no AGENDA ITEM WORDING: Approval of Florida Department of Environmental Protection(FDEP) Monroe County Coral Resilience Project Grant Agreement No. 22CPR01 in the amount of $2,500,000.00 and authorization for the Grant Manager to execute all grant documents, to provide funding for the development of infrastructure support for corals in the event that evacuation and holding is necessary due to a coral bleaching event. Authorization is also requested for the County Administrator to sign three subaward agreements as finalized by the County Attorney's Office. The county will subaward with University of South Florida as host institute for Florida Institute of Oceanography (FIO) also known as Keys Marine Laboratory, Mote Marine Laboratory, and University of Miami. The grant is awarded through the Resilient Florida Program and is full funded in the amount of$2,500,000.00 with no match required. ITEM BACKGROUND: Florida's Coral Reef spans over 350 miles of continuous, diverse, coral reef ecosystems and is a beautiful, national treasure that supports an incredible amount of life in addition to providing jobs, protection, and enjoyment for millions of residents and visitors. In the summer of 2023, Florida's Coral Reef(FCR) experienced an extreme coral bleaching event, that resulted in significant mortality of several different coral species across FCR. In response, evacuation efforts and land-based holding of Endangered Species Act-listed species and stony coral tissue loss disease susceptible species proved to be necessary to preserve genetic diversity for future propagation efforts. This mass movement and temporary holding of corals from in-situ nurseries to ex-situ holding facilities identified a gap in existing infrastructure for emergency response, which slowed down the effort to move and hold corals efficiently. The University of South Florida as host institute for Florida Institute of Oceanography(FIO) also known as Keys Marine Laboratory, Mote Marine Laboratory, and the University of Miami have all been identified by the Florida Department of Environmental Protection as qualified institutions to help remedy this infrastructure gap. Coral bleaching has been occurring more frequently over the past few decades, and some level of bleaching has occurred every year since 2011. In July 2023,NOAA recorded the highest South Florida sea temperatures (35°C/95°F) since in-water measurements started in 1981. In addition, FCR has seen 1 outbreaks of disease, most notably the outbreak of stony coral tissue loss disease in 2014 which is now endemic to the entirety of the reef and affects over 23 different stony coral species. Understanding that major disturbance events such as bleaching or disease outbreaks will continue to happen, it is important to have precautions in place to facilitate a rapid response when necessary, including the development of and maintenance of holding facilities specifically designated for emergency response. The Monroe County Coral Resilience Project Grant Agreement No. 22CPR01 will provide $2,500,000.00 in funding to the aforementioned institutions to develop the necessary infrastructure support for corals should a future bleaching event take place. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the application to the FDEP Resilient Florida Grant Program at the August 2022 BOCC meeting. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval of the grant agreement and authorization for the County Administrator to sign the subaward agreements as finalized by the County Attorney's Office. DOCUMENTATION: 22CPRO1 0. Full Grant Agreement Monroe County_2024.02.29.pdf Keys Marine Draft Subaward Agreement Task 1.1.pdf Keys Marine Draft Subaward Agreement Task 1.2.pdf Mote Marine Draft Subaward Agreement.pdf University of Miami Draft Subaward Agreement.pdf FINANCIAL IMPACT: Effective Date: Upon Execution by FDEP Expiration Date: September 30,2026 Total Dollar Value of Contract: $2,500,000.00: FDEP #22CPR01 $2,500,000.000 Total Cost to County: $0 NA-grant funded Source of Funds: Resilient Florida Grant 22CPR01 CPI:No Indirect Costs:None Grant:Yes County Match:No Insurance Required: Insurance requirements provided at later date. 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Coral Resilience Project 22CPR01 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe county Board of county Commissioners Entity Type: Local Government Grantee Address: 500 Whitehead Street FEID: 59-6000749 Key West,FL 33040 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon execution 9/30/2026 4. Project Number: Project Location(s): Layton,Summerland Key,and Virginia Key (If different from Agreement Number) Project Description: The project will provide infrastructure support for corals in the event that evacuation and holding is necessary. 5. Total Amount of Funding: Funding Source? Award#s or Line-Item Appropriations: Amount per Sources : ❑ State t]Federal 152-D FY 21/22 2,500,000.00 $2 500 000.00 ❑ State ❑Federal ❑ State []Federal $ ❑ Grantee Match $ Total Amount of Funding+Grantee Match,if any: $ 2,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Kristi Kerrigan Name: Andrew Roltsch or successor or successor Address: Coral Protection and Restoration Program Address: Monroe County 8000 N Ocean Dr. 1100 Simonton Street,Suite 2-213 Dania Beach, FL 33004 Key West, FL 33040 Phone: 561-681-6632 Phone: 305-292-4476 Email: Kristi.Kerrigan(&,,FloridaDEP.gov Email: Roltsch-andrew(a,monroe-county-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions El Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements El Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑Attachment 7: Grant Award Terms(Federal)*copy available athtt2s://facts.fldfs,.com,in accordance with section 215.985,F.S. 0 Attachment 8: Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): El Exhibit A:Progress Report Form El Exhibit B: Property Reporting Form El Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo 0 Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 22CPR01 Rev. 1/31/24 El Additional Exhibits(if necessary):Exhibit G:Photographer Release Form,ExhibitH:Contractual Services Certification;Exhibit Non Profit Organization Compensation Form 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a 1 : Federal Award Identification Numbers (FAIN): SLFRPO125 Unique Entity Identifier(UEl): QKLSCT2LM7M9 Federal Award Date to Department: 2/4/2022 Federal Award Project Description: Monroe County Coral Resilience Project Total Federal Funds Obligated by this Agreement: 2,500,000.00 Federal Awarding Agency: U.S. Department of Treasury Award R&D? ❑ Yes ON/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Monroe County Board of County Commissioners GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing 0 Additional signatures attached on separate page. DEP Agreement No. 22CPR01 Rev. 1/31/24 ORCP Additional Signatures DEP Grant Manager, Kristi Kerrigan DEP QC Reviewer, Hanna Tillotson Grantee may add additional signatures below, if needed. MONROE COUNTY ATTORNEY Api'll �H)AS TO FOR &I UNVIQ"rj-E�� CHRISTYNE LINIBERT'BAMWS ASSISTANT COUNTY ATTORNEY DATE..........31 3124..................... STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of13 Rev.9/15/2023 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. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1%for each day the deadline is missed,unless an extension is approved in writing by the Department. 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 submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10)days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of13 Rev.9/15/2023 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myflorid icfo.corn/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pddf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee may request from the Department that all invoice payments (i.e., cost reimbursement)under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity"under subsection 288.0656(2),F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c),F.S.; iii. Grantee's performance has been verified by the Department,which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s),rule(s)and regulation(s)allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law,rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridajobs.or cormnunity-planmirng-and-development/rural-cormnunity-programs/rural-areas-of- op o�y. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a non-profit organization under section 215.97(2)(m),F.S.,Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1 3of13 Rev.9/15/2023 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website,if Contractor maintains a website. h. 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. i. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. 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: https://www.my floridacfo.corn/divisioli/aa/local-govermnents/iudgement-interest-rates. 1. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price Attachment 1 4of13 Rev.9/15/2023 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, 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 reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31.The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work 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. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1 5of13 Rev.9/15/2023 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30)days of the effective date of termination. The Department shall not pay any invoices received after thirty (30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1 6of13 Rev.9/15/2023 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; 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; 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; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; 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 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion, suspend any or all activities under the Agreement, at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty (30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE 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, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole Attachment 1 7of13 Rev.9/15/2023 discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized 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 Enti. Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1 8of13 Rev.9/15/2023 not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. 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 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, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management 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. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA)-Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing 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 manufactured product has been established under applicable law or regulation; and Attachment 1 9of13 Rev.9/15/2023 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 tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,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. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act,including the following provision: a. Signage Requirements a.Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: 1-ittps://www.eDa.aov/iiivest/iiivesting-america-sign,i.ge. b.Procuring Signs: Consistent with section 6002 of RCRA,42 U.S.C. 6962,and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable.Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the official Investing in America emblem or EPA logo or seal)into the appropriate non-English language(s).The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in section 287.135,F.S.Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions,then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347,F.S.,except that pursuant to the requirements of section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with sections 11.062 and 216.347,F.S. 28. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during Attachment 1 10 of 13 Rev.9/15/2023 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 General Records Schedules maintained by the Florida Department of State(available at: http://dos.my florida.corn/library-archives/records-management/general-records-schedules. 29. Audits. a. Inspector General. The Grantee understands its duty,pursuant to section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1 11 of 13 Rev.9/15/2023 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 not apply to agreements where payments are made purely on a cost reimbursement basis. 30. 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. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may,for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both 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. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality,proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. Attachment 1 12 of 13 Rev.9/15/2023 37. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under 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. 38. 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 of any assignment,Grantee remains secondarily liable forperformance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 13 of 13 Rev.9/15/2023 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22CPR01 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. The Project funded under this Agreement is Monroe County Coral Resilience Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pa.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. For purposes of this Agreement,the Grantee will be considered the owner of any nonexpendable and/or nonconsumable personal property or equipment costing$5,000 or more purchased for the completion of the Project under a subcontract.Upon satisfactory completion of this Agreement,the Grantee will require its subcontractor to account for and report on all nonexpendable and/or nonconsumable personal property or equipment purchased under its subcontract in accordance with the Grantee's financial reporting and inventory control requirements.Based on the subcontractor report,the Grantee will submit Exhibit B,Property Reporting Form,to the Department with any applicable requests for reimbursement.Nonexpendable and/or nonconsumable personal property or equipment purchased for the Project by a subcontractor is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72 and/or Chapter 691-73,F.A.C.,as applicable,and should be capitalized,when appropriate,in accordance with GAAP and the Grantee's financial reporting requirements.The following terms shall apply: a. The Grantee and/or its subcontractor(s)shall have use of the nonexpendable and/or nonconsumable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. Attachment 2 1 of 3 Rev.8/8/2023 b. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the nonexpendable and/or nonconsumable personal property or equipment in good operating condition. c. The Grantee is responsible for any loss,damage,or theft of,and any loss,damage or injury caused by the use of,nonexpendable and/or nonconsumable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. d. The Grantee is responsible for keeping a current and accurate inventory of any nonexpendable and/or nonconsumable personal property or equipment in accordance with its financial reporting and inventory control requirements. The Department may request an annual copy of these inventory records for the life of the Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any 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. Attachment 2 2of3 Rev.8/8/2023 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or 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 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) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Insurance Waiver for Sub-Grantees. Grantee may waive the insurance limits as designated in Section 8,Attachment 2 for Sub-Grantees that are State of Florida governmental entities. If the Grantee chooses to grant a waiver to a sub-grantee,the Grantee must provide such waiver to the Department. The Department shall not be liable for any injury,loss,or damage sustained or suffered by persons as a result of the waiver.This does not waive insurance requirements for Grantees. Attachment 2 3of3 Rev.8/8/2023 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22CPROI ATTACHMENT 3 I. PROJECT TITLE: Monroe County Coral Resilience Project IL PROJECT LOCATION(S): The Project will be located in the following locations: a. City of Layton within Monroe County—Lat/Long (24.825901, -80.814207) b. City of Summerland Key within Monroe County—Lat/Long (24.661389, -81.454444) c. Virginia Key within Miami-Dade County—Lat/Long (25.733870, -80.159474) III. PROJECT BACKGROUND: Florida's Coral Reef spans over 350 miles of continuous,diverse,coral reef ecosystems and is abeautiful,national treasure that supports an incredible amount of life in addition to providing jobs,protection, and enjoyment for millions of residents and visitors. In the summer of 2023,Florida's Coral Reef(FCR) experienced an extreme coral bleaching event,that resulted in significant mortality of several different coral species across FCR. In response, evacuation efforts and land-based holding of Endangered Species Act-listed species and stony coral tissue loss disease susceptible species proved to be necessary to preserve genetic diversity for future propagation efforts. This mass movement and temporary holding of corals from in-situ nurseries to ex-situ holding facilities identified a gap in existing infrastructure for emergency response,which slowed our ability to move and hold corals efficiently. Coral bleaching has been occurring more frequently over the past few decades, and some level of bleaching has occurred every year since 2011. In July 2023,NOAA recorded the highest South Florida sea temperatures (35°C/95°F) since in-water measurements started in 1981. In addition, FCR has seen outbreaks of disease,most notably the outbreak of stony coral tissue loss disease in 2014 which is now endemic to the entirety of the reef and affects over 23 different stony coral species.Understanding that major disturbance events such as bleaching or disease outbreaks will continue to happen,it is important to have precautions in place to facilitate a rapid response when necessary, including the development of and maintenance of holding facilities specifically designated for emergency response. IV. PROJECT DESCRIPTION: The Monroe County Board of County Commissioners (Grantee) will conduct the Monroe County Coral Resilience Project (Project). The overall goal of this Project is to provide infrastructure support for corals in the event that evacuation and holding is necessary. The Grantee will sub-contract Keys Marine Laboratory,Mote Marine Laboratory, and University of Miami to complete the work. This Project fulfills the emergency assistance request of the Florida's Coral Reef Resilience Program (FCRRP) and is consistent with State of Florida Restoration Priorities for Florida's Coral Reef. 2021- 2026 and Florida's Bleaching Response Plan. The outcomes of this Project will be incorporated into the disturbance response efforts which seeks to improve understanding about the scale and severity of the disturbance on Florida's Coral Reef, identify management actions to remediate impacts, restore affected resources, and ultimately propagate thermally and disease tolerant species. As such, collaboration amongst partners is encouraged when appropriate to avoid duplication of efforts and ensure alignment of needs. Coordination with other partners is recommended, as appropriate. DEP Agreement No. 22CPRO1, Attachment 3,Page 1 of 12 Rev. 12.1.2023 V. TASKS AND DELIVERABLES: Task 1: Infrastructure Expansion and Coral Holding at Keys Marine Laboratory Task 1 will add land-based capacity for coral (and other associated reef organisms) by providing life support for holding, propagation, and to facilitate a rapid emergency response. This work will be completed by the Keys Marine Laboratory (KML) under this Project and will include Project Management to design, plan, acquire permits as necessary, coordinate construction, and complete startup of the land-based DEP Coral Response Seawater System (Figure 1). u /'IYlA F r« , l tr m ' y i Figure 1. Site map of Keys Marine Laboratory and location of proposed DEP seawater system. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of South Florida (USF) as host institution for Florida Institute of Oceanography (FIO) (also known as Keys Marine Laboratory) (Tasks 1.1). The Florida Keys are in an area of high hurricane activity.Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Task 1 will also provide support for the operation and maintenance of sixteen (16) 240-gal seawater tables within existing KML System for coral emergency response efforts and coral restoration activities for two years (Task 1.2). Tables within KML SW systems will be maintained and operated by KML and prioritized for use by the coral restoration community with advanced notice, approval, and scheduling. Coral restoration practitioners will follow the approval process to be determined by DEP. DEP will provide approval to KML for use of the sixteen (16) DEP-supported tables for coral response and restoration within 48-hours. DEP Agreement No. 22CPR01, Attachment 3, Page 2 of 12 Rev. 12.1.2023 Task 1.1: Infrastructure Construction, Equipment Installation, and Build-Out of New DEP Seawater System (Keys Marine Laboratory) Description The Grantee's subcontractor(KML)will act as Project Manager to oversee the planning, coordination, and construction of the expanded seawater system. Supplies, equipment, and other miscellaneous materials will be purchased in order to complete the expansion. All equipment, assets, supplies and other miscellaneous materials purchased for and used in the construction, installation or build-out of this system will be become the property of the University of South Florida(USF) as host institution for FIO. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation, retaining wall installation to stabilize tank farm and drain fields, any necessary concrete construction,gravel for final grading and finishing, and shade structure installation. All necessary construction permits will be acquired by KML. KML staff will install life support equipment,tanks,plumbing, and miscellaneous equipment. Seawater table capacity: Up to 5,700-gal temperature-controlled(up to 20 fiberglass tables, 240- gal or equivalent), 10gpm flow rates for system turnover every 4 hours or 6 times per day. Coral tank farm footprint:Figure 2.Two greenhouse shade structures with 80%shade cloth(total 2,800 sq ft„ 30' x 40' and 40' x 30'),raised perimeter retaining wall to stabilize gravel over drain fields, concrete pad to support two seawater reservoirs (1700-gal each), one heater/chiller unit(5- ton to maintain temperature-controlled seawater). Water source: Seawater will be supplied from an existing seawater well and treatment plant which has been in operation for more than ten years.Water quality has been monitored and tested regularly in accordance with Best Available Practices and Association of Zoos and Aquarium (AZA) recommendations. Upon completion of construction,water flow will be established and KML staff will work through the required testing and monitoring to ensure the system is fully functional,water flow can be maintained, and water conditions are suitable to support corals. The process of Commissioning the System will last a minimum of eight(8)weeks and is outlined below.Proper commissioning of the system is an absolute requirement to ensure functionality and suitable conditions can be maintained. Commissioning of the system (steps and data collection): 1. Daily water quality parameters will be monitored and collected with a YSI handheld sonde (minimum 3 weeks). This will include pH, salinity, 02, and temperature. 2. Weekly water quality parameters will be tested with aquaculture grade water quality testing kits (minimum 3 weeks). This will include ammonia,nitrite,nitrate,phosphates, copper. 3. Three (3) weeks after the system is operational, water samples will be collected at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab to test for VOCs,phosphates, sulfates, and total nitrogen. 4. Test live corals: Pending results of off-site water quality tests, live test corals will be held in the system for a minimum of two (2)weeks to ensure suitable water conditions have been met. Upon completion of construction,the system will have a unique designation agreed upon by all parties. The new system will include signage with logos including but not limited to DEP,FCR,Monroe County and KML logos.Design of signage will be completed by KML and submitted to all partners for review and approval prior to installation. DEP Agreement No. 22CPRO1, Attachment 3, Page 3 of 12 Rev. 12.1.2023 Although not funded under this agreement, the new system will be prioritized for emergency coral rescue efforts and coral restoration activities. If future support for operations and maintenance is provided by DEP, this system will be reserved for use by DEP. If funded by DEP, use of this system will be approved/authorized in writing by DEP to KML for coral response and restoration within 48- hours of use. Deliverables: The Grantee's subcontractor(KML)will submit: a) Milestone Timeline with estimated period of work for KML seawater system Project construction and completion. b) Seawater System schematic and map of design plan. c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly). d) Copies of all acquired permits for construction and buildout. e) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. f) Representative (5-10) photos of DEP SW system once construction is complete that shows the signage and logos detailed above. g) Social media post with 1-2 photos and 1-3 sentences highlighting the buildout/construction of the new system. Post should acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection and partnership with Monroe County. h) Water quality data during the commissioning of the SW system: i. Daily collection of pH, salinity, 02, and temperature (minimum of 3 weeks); ii. Weekly collection of ammonia,nitrite,nitrate,phosphates, and copper(min of 3 weeks); iii. One-time collection of water samples at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab for VOCs,phosphates, sulfates, and total nitrogen; and iv. Summary of observations and applicable in-tank water test results from the final two week 'water quality specimen holding test' which ensures water quality parameters remain consistent to reef quality and KML existing system parameters after the introduction of specimens. i) Coordinate final site visit with the DEP. j) Draft report language summarizing the Project completion and operation status and will include water quality results and outcomes of test corals. Note: draft report will be integrated into Final report as part of Task 1.2. Task 1.2: Operation and Maintenance of existing KML Seawater Systems for coral emergency response and coral restoration efforts for two years (total 16 tables) Description: The Grantee will provide funding to KML for the operation and maintenance of sixteen (16)240-gal tables within existing temperature-controlled KML seawater systems to ensure land-based capacity and availability to support coral emergency responses and coral restoration activities e.g.coral holding, propagation, and grow-out(two I-year periods). DEP will provide approval to KML for use of the 16 prioritized tables for coral response and restoration within 48-hours of need. Tables funded under this Project (16) will be reserved for DEP approved usage and costs for such operation will be billed regardless of the total number of tables used in any given month over the course of the Project period. Over-flow capacity for coral emergency response and restoration using other existing KML seawater systems will be billed at posted KML rates. DEP Agreement No. 22CPRO1, Attachment 3, Page 4 of 12 Rev. 12.1.2023 An onsite emergency backup generator, serviced and maintained by KML, will ensure life support is maintained to the KML seawater systems. The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Operations and maintenance of the systems will include KML staff support for daily and routine maintenance and administration, coral husbandry position for two years (50% effort), water quality monitoring and routine sampling, utilities costs to operate the system, purchasing any necessary equipment for replacements or repairs to ensure uninterrupted operations, purchase of supplies and consumables for cleaning and biosecurity,periodic veterinary inspections and services for coral health certifications, etc. Deliverables: The Grantee's subcontractor(KML)will submit: a) Daily work logs that document activities performed by support staff including routine maintenance (provided quarterly). b) Repair logs that document all repairs performed on the associated seawater systems and coral husbandry support(provided quarterly). c) Quarterly tracking and usage spreadsheet that documents the current operations of all DEP- supported seawater tables within KML seawater systems for the reporting period. Spreadsheet will include: I. Approved coral restoration entity and/or Principal Investigator ii. Number of tables and number of days used d) Quarterly water quality monitoring and sampling data(Excel spreadsheets): I. HOBO data logger — continuous water temperatures in representative seawater tables (note: HOBOS data downloaded at least monthly) ii. Daily Hand-held YSI data: water temp % DO, salinity ppt,pH iii. Water quality test results: VOCs, phosphates, sulfates, and total nitrogen (sampled quarterly or once within each reporting period) e) A final report summarizing the operation and maintenance of systems (Note: final report must comply with Section 508 of the U.S.Rehabilitation Act(as amended),Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by the DEP's Office of Resilience and Coastal Protection).Final report will include the "Draft report" content from Task 1.1. Task 2: Infrastructure Expansion and Emereency Coral Transport Capability at/via Mote Marine Laboratory(Mote) The Grantee's subcontractor, Mote Marine Laboratory(Mote)will perform infrastructure expansion at the Elizabeth Moore International Center for Coral Reef Research and Restoration (IC2R3) (address: 24244 Overseas Highway, Summerland Key, FL 33042), a fully equipped marine science facility dedicated to marine research and education in the Lower Florida Keys(about 24 miles from Key West). Currently, this facility includes: • Category 5 hurricane resistant concrete building with 19,000 square feet of research labs, education classrooms, offices, and dormitories, vehicles and vessels, W1F1, and convenient access to Lower Florida Keys coral reef sites. • Approximately 40 Scientific, Education, Administrative, Facilities, and Life Support staff supporting IC2R3 - as well as coral restoration nurseries in Islamorada and Key Largo —and education/outreach locations at the History and Discovery Center in Islamorada and NOAA EcoDiscovery Center in Key West. DEP Agreement No. 22CPR01, Attachment 3, Page 5 of 12 Rev. 12.1.2023 • Field support for visiting scientists (d�ils on visitor sj,:. p�jqt). ......... ............... ....................... • Indoor and outdoor seawater systems, environmental control rooms, raceways and experimental tanks for mesocosm-level studies, including research on ocean acidification and climate change impacts to reef organisms (d�.tils on wetlab re.se.arch sy, • Molecular equipment to process and prepare samples for generation sequencing, genomics, metagenomics and transcniptomics (detai..l....s.........on.............i....c.rob I gy and molect.dar..bi. lo.gy w-Y.l.a.........s) • Microbial supplies for molecular and culturable applications within the marine environment. • Carbonate chemistry laboratory for ocean acidification studies (details on IJ e n..I.i s�� dry ............. lab and Climate and Acidification Ocean Sinull.atoj). .................. ......................................................................................................................................................................................................... ..................................................... • Eco-friendly design with solar panels, rainwater capture system, and high-efficiency heating and cooling Q E E 1? G ol d c e.r.tJ(i e--4................. .................. ...................... The wide variety of research and education programs conducted at Mote's IC2R3 reflect the diversity of Mote's staff and experience. Current Mote programs with ongoing research at IC2R3 include: • Go ra I Reef Re s to. ..rafi oll Co • Coral If ealth & E)isease Research ............................................................................................................................................................................................................. • E�.Q!2 i C2.1.21"a • Marine & Il re sh water A.qLtacf,.dq.tre Research • 0 c e a il Acidification.i d i 6 c a ti o n. Re s e a rc 11. .. .. Scientists at IC2R3 study coral reef communities' response to climate change impacts such as rising ocean temperatures and ocean acidification; investigate major coral disease outbreaks and the overall microbiome of microscopic life forms that can help or harm coral reefs; optimize coral reef restoration efforts with grazers studies and research on threatened and vulnerable species; assess the genetic diversity of native coral species, including the potential for genotypes (genetic varieties) with natural resilience to stressors, and more. Task 2.1: Supply Acquisition and Build-Out for New Land-Based Raceways Description: The supplies and miscellaneous/other items requested for this emergency coral infrastructure expansion will complement all the above-mentioned coral research and restoration resources and scientific expertise at Mote by adding a 20-raceway coral matrix(approximately 3ft x 3ft x 8ft and 350 gallons each)on the Mote owned IC2R3 property on Summerland Key. This Project will increase coral disturbance holding capacity to maintain basic life support needs, including separate/independent pumps, plumbing, electrical, and alarms required for appropriate coral health to maintain water treatment, flow, filtration, chemistry, temperature, and structure/shade-cloth for managing varying light needs for corals requiring temporary storage during emergency scenarios, such as in-situ water temperature and chemistry stress events, bleaching, disease, and storms. Funding will be used to support the purchase of all supplies and miscellaneous/other needed for buildout. The installation and buildout will be completed by Mote staff(not funded under this agreement). Once raceways become operational,they will continue to be maintained by existing trained/experienced Mote staff. Raceways will be marked with DEP,FCR, and Mote logos and will be prioritized for emergency coral rescue efforts. The use of these systems must be approved/authorized in writing by DEP throughout the duration of this agreement and in coordination with the DEP after agreement termination. Deliverables: The Grantee will submit: DEP Agreement No. 22CPRO 1, Attachment 3, Page 6 of 12 Rev. 12.1.2023 a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in construction. b) Photos of area at IC2R3 before buildout of the 20-raceway matrix and associated life support systems. c) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. d) Photos of area at IC2R3 after buildout that show all 20-raceways and associated life support systems.Photos should show the DEP, FCR, and Mote logos being displayed on the new systems. e) Coordinate final site visit with DEP. f) Press Releases and/or Social Media posts after construction completion the 20-raceway matrix that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 2.2: Mobile"Live Hauler"Equipment Purchase and Build-Out Description: An approximately 1,200-gallon, 30 ft "live hauler" trailer will be purchased with independent mobile ability, towed via an existing Mote pickup truck 5'-wheel, with full coral life support systems (condensed mobile version to raceway matrix above —i.e. generator power, mobile filtration and heat pump, and divided spaces for biosecurity). This "live hauler" trailer will be used to transport corals from all restoration partners across the Florida Keys or to the mainland as needed for emergency safe storage or restoration purposes. This equipment purchase will become the property of the Grantee's subcontractor, Mote Marine Laboratory. Additional supplies/equipment needed for the build-out and outfitting of the "live hauler" trailer will not be funded under this agreement. The initial fabrication of the trailer will be done by Oceans Design and any final installation and buildout will be completed by Mote staff (not funded under this agreement). Additionally,the "live hauler"will also be marked with DEP, FCR and Mote logos on the exterior(unless otherwise noted by DEP) and will be prioritized for emergency coral rescue. Deliverables: The Grantee will submit: a) Purchase of the equipment ("live hauler" trailer) as evidenced by: Purchase order(s), vendor invoice(s), and pictures of equipment purchased. Completed Property Reporting Form, DEP 55- 211 (Exhibit B)with invoice copy. b) Photos of"live hauler". c) Press Releases and/or Social Media posts after construction completion the "live-hauler" that acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3: Infrastructure expansion at the University of Miami Task 3 will expand land-based infrastructure at the University of Miami's (UM) facilities on Virginia Key for the purpose of holding/propagating future rescue corals in anticipation of the need for rapid disturbance response. UM will design, build, and commission the systems, and then use them to maintain and propagate rescued corals as needed. When not in use for rescue corals, UM will utilize these tanks for routine (non-emergency) propagation pipelines with the understanding that they must be available for rescue corals at short notice, as needed. In these situations, the use of these tanks will be approved/authorized in writing by DEP throughout the duration of the Project. UM will construct a new—2,500 sq. ft. shade house to accommodate this expansion. The shade house DEP Agreement No. 22CPRO1, Attachment 3, Page 7 of 12 Rev. 12.1.2023 will be installed on an elevated gravel bed with retaining walls and buried plumbing and electrical supply. The shade house is a curved-roof construction(bow house) consisting of 50% shade-cloth and a poly liner to shield from rain. The facility will comprise thirty(30)recirculating aquaculture systems (RAS) in six (6) independent arrays of five tanks (30 tanks total). Initially, fifteen (15) propagation tanks will be built out in an existing expansion area and fifteen(15)propagation tanks in the new shade house. However, as the facility continues to expand, we will eventually consolidate all thirty disturbance response tanks into the new shade house that will be dedicated for this use. Each 115-gal tank is approx. 8'x3'xl' in dimensions,with a growable area of—25 sq. ft. (750 sq.ft.in total). Each 5-tank array is connected to a 185-gallon sump connected to a 3 hp heater/chiller unit, and each sump incorporates an internal protein skimmer. Pumps continually circulate water through each 5-tank array and temperatures are maintained to within loF.Volume of each 5-tank system totals—760 gallons,including plumbing, tanks, and sump. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Seawater will be replaced in each system on a weekly basis (-200 gal/week per 5-tank array, approx. 20%). Seawater is sourced locally from Bear Cut, passes through settlement tanks, sand filters, and a UV sterilizer and will be ozonated and degassed prior to being used as replacement water in coral tanks. The recirculation loop on each 5-tank system will also include an in-line UV unit to ensure continued sterilization on an ongoing basis. Task 3.1: Purchase and Install First 15 Tanks and Associated Life Support Description: Three arrays of 5 tanks each(15 tanks total)will be installed in an expansion area in our existing shade house. Installation and buildout will be completed by UM staff, assisted by the same sub-contractor (Full Spectrum Aquaculture) who installed the existing tank arrays in the shade house. Once construction is completed, tanks are allowed to condition for two weeks to allow residues/PVC glues to dissipate, and to test temperature control and water quality. After this period, corals are introduced to the tanks, where they will be maintained by UM staff. Raceways will be marked with DEP,FCR, and UM logos(at minimum) and will be prioritized for emergency coral rescue efforts.The use of these systems for non-emergency use must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) List of all supplies and equipment purchased and a brief description of how those supplies will be used in the buildout(provided quarterly). b) Quarterly Project Management Report documenting the progress of installation and milestones completed to date.Report shall include 1-3 photos documenting the progress of installation.Report may be provided as part of the Exhibit A Progress Report. c) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems and signage/logos detailed above. d) Social Media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.2: Site Preparation, Construction of Shade house, and Installation of Second 15 Tanks and Associated Life Support Description:UM will undertake site preparations and installation of anew shade house at an expansion site adjacent to UM/Experimental Hatchery.This shade house will accommodate the second set of three DEP Agreement No. 22CPR01, Attachment 3, Page 8 of 12 Rev. 12.1.2023 5-tank arrays. Site preparation, electrical/plumbing hookups, and shade house installation will all be undertaken by contractors/suppliers/vendors.Installation and buildout of tanks and life support will be completed by UM staff assisted by the same contractor(Full Spectrum Aquaculture) who installed all existing tank arrays. All equipment and assets purchased for and used in the construction and buildout of this new system will become the property of the University of Miami. Once raceways become operational, they will be maintained by UM staff. Raceways will be marked with DEP, FCR, and UM logos(at minimum)and will be prioritized for emergency coral rescue efforts.The use of these systems must be approved/authorized in writing by DEP throughout the duration of the Project. Deliverables: The Grantee will submit: a) Map of site and planned construction area/designs. b) Copies of any permits for construction and buildout,if any required c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly) d) Quarterly Project Management Report documenting the progress of construction and milestones completed to date including site prep, plumbing, system buildout, shade house construction, and electrical. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. e) Representative photos (5-10) of area after buildout showing the three 5-tank arrays and associated life support systems including signage/logos detailed above. f) Social media post after completion of the three 5-tank arrays that acknowledges the funding assistance provided by DEP's Office of Resilience and Coastal Protection and partnership with the Grantee. Task 3.3: System Operations and Maintenance Description: UM will incorporate the newly constructed DEP Coral Response Seawater Systems into the operations and maintenance of its existing coral facility to ensure life support for corals and associated organisms. Current protocols at the University of Miami's facility include the following: Husbandry Protocols • Husbandry lists are completed daily with such activities as feeding, health examinations, water parameter monitoring, equipment checks, maintenance, isolation and treatment of new arrivals as well as various other essential tasks logged in a database. Open-up, daily and close-up activities are conducted, logged, and initialed to establish a record and degree of accountability. • All equipment is inspected upon arrival, and when leaving the facility at the end of the day. All aquarium systems are monitored 24/7/365 via temperature sensors. Should the temperature rise or fall outside of the designated range for that system, alerts are sent out via email and text message to a list of accountable staff members responsible for responding to, assessing, and addressing the alerts accordingly. • Aquariums and raceways are cleaned on a weekly basis.Native invertebrates such as snails,hermit crabs, and sea urchins are also used to aid in the reduction of nuisance algae growth. The platforms and plugs/tiles that coral fragments and colonies are held on are cleaned twice weekly to remove algae, filter feeding pests, and other items that accrue over time. Routine Health Assessment • A census of the different coral size classes is conducted daily, with any additional asexual fragmentation conducted and added to a running inventory list. A full inventory log is conducted quarterly to confirm these quantities. DEP Agreement No. 22CPRO1, Attachment 3, Page 9 of 12 Rev. 12.1.2023 • Coral condition is monitored routinely, with practitioners performing health checks as part of the daily husbandry list. Observations include coral coloration, polyp extension (or lack of), new growth, signs of stress, and other factors. This assessment typically occurs multiple times per day by multiple staff members to ensure that all corals are inspected by multiple observers. • In cases of mortality, a loss of life analysis is conducted. This analysis consists of a full examination of the conditions surrounding the mortality. Factors of note include: observing corals sharing the same aquarium/water system, checking husbandry logs for irregularities, testing of water parameters for anything outside of acceptable range, etc.Any mortality is logged to identify any patterns of loss and update inventory,recording the species,genotype,and tank in which it was being held, as well as any supplemental information available for that individual. Water Quality Analyses • Daily: - Alkalinity, salinity, and temperature are monitored daily for each aquarium system. Salinity and temperature are measured using electronic HANNA probes that are calibrated monthly. Alkalinity is recorded via Red Sea alkalinity test kits. Target ranges for these parameters are as follows: Alkalinity 7-9 dKH, Temperature 74-85OF(adjusted seasonally), Salinity 1.024-1.027 relative specific gravity (32-36 ppt). - Oxidation-reduction potential(ORP)of ozonated supply water is observed at the start and end of day. The ozonation filtration system is equipped with automatic shutoff measures to safeguard against the dangers of straying above or below the required levels. After ozonation, incoming seawater passes through a carbon filter, and UV sterilizer to further ensure removal of any potentially hazardous ozone remaining in the water. Target range for ORP is 350-375 mV. • Weekly: - Ammonia,nitrite,nitrate,pH,phosphate,magnesium,calcium,and alkalinity are measured and recorded weekly for each system. Aquarium-grade kits are currently used for the testing of these parameters (API Saltwater Master Test Kit, Red Sea Foundation Pro Test Kit, HANNA Digital Phosphate Colorimeter). The equipment for this water quality monitoring is scheduled to be upgraded to spectrophotometric water sampling device to be kept on-site. - Target ranges for these parameters are as follows: Ammonia < 0.1 ppm, Nitrite < 0.1 ppm, Nitrate 0-5 ppm,pH 8.0-8.4, Phosphate<0.I ppm (ideal range 0-0.03 ppm), Calcium 400-450 ppm,Magnesium 1200-1400 ppm, Alkalinity 7-9 dKH. • Monthly: - Water samples taken from each aquarium system are mailed out to an independent, off-site water quality laboratory (ICP Analysis). Reports consisting of the quantitative analysis of 56 different elements are received and compiled for detailed analysis of all aspects of mineral water quality. Incoming seawater and aquarium water are also routinely transported to an adjacent laboratory at the University of Miami's marine campus for analysis of bacterial content. We primarily monitor these minor parameters to assess changes in our incoming seawater supply that might affect or explain variation in the weekly parameters listed above. For this reason, we do not generally have a target range for these additional monthly parameters. Propagation and Transfer DEP Agreement No. 22CPR01, Attachment 3,Page 10 of 12 Rev. 12.1.2023 • Microfragmentation occurs when parent colonies and existing fragments have overgrown their substrate. Parental/genotype information is recorded on the plug of each fragment. Approximately 50-100 new fragments are produced weekly for research or outplanting purposes. • All transfer events are communicated between participating organizations with advanced planning and coordination with a licensed veterinary technician. Any corals arriving/departing from/to other coral facilities must have an inspection prior to transport. Proper documentation consisting of species, genotype, quantity, original collection point, and destination information is provided by/to the transferring and receiving facilities. • Any corals leaving the facility to be outplanted on nurseries or reefs require an additional veterinary inspection if they have been held on site for more than 30 days before they are permitted to leave the facility. Deliverables: The Grantee will submit: a) Spreadsheet containing daily, weekly, and monthly water quality data, as described above under "Water Quality Analyses" (provided quarterly). b) Spreadsheet documenting "routine health assessments", as described above (provided quarterly) c) Representative images (5-10) of the raceways/tanks in use. Images should clearly show the tanks are labelled/marked with the DEP logo (provided quarterly). d) Current inventory cataloguing corals/fragments currently in holding and which tank/system they are being held in(excel spreadsheet) (provided quarterly). e) Coordinate final site visit with the Department. f) A final report summarizing the Project completion and operation status will include water quality results (Note: final report must comply with Section 508 of the U.S. Rehabilitation Act (as amended), Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assistance provided by DEP's Office of Resilience and Coastal Protection). Final report will also include a summary from Task 3.1 and 3.2. VL PERFORMANCE MEAUSURES: The Grantee will submit all deliverables electronically for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline below. The Department's Grant Manager will review the task deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty(30) calendar days.Tasks may include multiple deliverables to be completed.The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single sub-task, where such subcomponent(s) are delivered to the Department at one hundred percent(100%) completion.A "full deliverable"is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single sub-task, all delivered to the Department at one hundred percent(100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent(100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single sub-task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided in writing. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. VIL CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding DEP Agreement No. 22CPRO1, Attachment 3,Page 11 of 12 Rev. 12.1.2023 Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed. If the Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. VIIL PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager,the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter;the approved Exhibit A,Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A,Progress Report Forms,have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. IX. STATUS REPORTS: Quarterly status reports are due no later than forty-five (45) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30, and December 31. The final quarterly status report is due no later than August 15, 2026. X. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the PrQI ect Timeline.Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Task Start Task Due No. Task Title Budget Category DEP Amount Date Date Infrastructure Construction,Equipment Contractual Upon 1.1 Installation,and Build-Out of New DEP Services $559,283 Execution 12/31/2025 Seawater System Operation and Maintenance of existing Contractual Upon 1.2 KML-NSF System for coral emergency Services $430,717 Execution 6/30/2026 response efforts for two years Supply Acquisition and Build-Out for Contractual Upon 2.1 New Land-Based Raceways Services $357,000 Execution 6/30/2025 2.2 Mobile"Live Hauler"Equipment Contractual $165,000 Upon 6/30/2025 Purchase and Build-Out Services Execution 3.1 Purchase and Install First 15 Tanks and Contractual $206,295 Upon 12/31/2024 Associated Life Support Services Execution Site Preparation,Construction of Shade Contractual 3.2 house,and Installation of Second 15 Tanks Services $392,119 8/1/2024 7/31/2025 and Associated Life Support 3.3 System Operations&Maintenance Contractual $389,518 1/l/2025 6/30/2026 Services Total: Fs2,499,932 DEP Agreement No. 22CPRO1, Attachment 3, Page 12 of 12 Rev. 12.1.2023 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 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term "contract"means the "Agreement." If Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: yubbc.services(c floridadey.yov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev.4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART L• FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at http is//sam.aov/content/assistance-listing. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at https://api2s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htti)://wwwleg.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/aud en/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 11/8/2022 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 be found at http://harvester.census.Gov/f icweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAudit(a),dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(http://flauditor.�4ov/ provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAuditLiAeg.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 11/8/2022 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. 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For purposes of this Grant Agreement between the Department and the Grantee, the term"Recipient"shall mean"Grantee." Further,the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors, and to comply with the provisions of the award,the SURF implementing regulation,including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions.Therefore,Grantees must include these requirements in all related subcontracts and/or sub- awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies The following provision is required if the Agreement is for more than$150,000.In addition to any of the remedies described elsewhere in the Agreement,if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules,or regulations,applicable to this Contract,the Non- Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above,do notpreclude the Recipient from being subj ect to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunely Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race,color,religion, sex, sexual orientation,gender identity,or national origin. Such action shall include,but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Attachment 8 1 of 6 Rev. 11/15/2022 essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24,1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of$100,000 and involves the employment of mechanics or laborers,the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 6. Clean air Act(42 U.S. C. 7401-7671q.),the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387),and EPA Regulations If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Attachment 8 2of6 Rev. 11/15/2022 Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding$100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL,available at: ho12s://app1 rg arnts"°ov/applp/forms/sample/SFLLL ll 2 P-Vll2.pdf. i. Grantees who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352.Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier,up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain;or enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as partof any system. See Section 889 of Public Law 115-232(National Defense Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must,to the greatest extent practical,give preference to the purchase, acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 etseq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect;or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). Attachment 8 3of6 Rev. 11/15/2022 A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. C. The Recipient shall insert this clause,including this paragraph C,in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause,including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination(2 CFR§ 200.340) In accordance with 2 CFR § 200.340,in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS).The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR§ 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended(2 U.S.C. §1601 et seq.),prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant(and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225 (Oct. 6,2009),Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acguisitions Act of 1970 Where applicable,42 U.S.C. §§4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl, 2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. The FFATA legislation requires that information on federal awards(federal financial assistance and expenditures)be made available to the public via a single,searchable website,which is www.USASpending.gov. Attachment 8 4of6 Rev. 11/15/2022 The Grantee agrees to provide the information necessary,within one(1)month of execution,for the Department to comply with this requirement. DEPARTMENT OF TREASURY-SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race,color,national origin,(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations,31 CFR 28; Age Discrimination Act of 1975,Public Law 94-135,42 U.S.C. 6101 et seq., and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964,as applicable,on an annual basis.This information may include a narrative descripting the recipient's compliance with Title VI,along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance All funds from SLFRF must be obligated by December 31,2024 and expended by December 31,2026. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects,the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date(month/year) ii. Projected/actual initiation of operation date(month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER$10 MILLION For infrastructure projects over$10 million,the following provisions apply: 1. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing,as determined by the U.S. Secretary of Labor in accordance with the Davis-Bacon Act,for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed.If the Grantee does not provide such certification,the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub-contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification; and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with the section 8(f)of the National Labor Relations Act(29 U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project Attachment 8 5of6 Rev. 11/15/2022 workforce continuity plan,detailing: i. How the Grantee will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses,injuries,and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market; and V. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement,with a description of any such agreement,if applicable. SLFRF WATER&SEWER PROJECTS For water and sewer projects,Grantees shall provide the following information to the Department once the project starts,as appliable: i. National Pollutant Discharge Elimination System(NPDES)Permit Number, for projects aligned with the Clean Water State Revolving Fund ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State Revolving Fund. Attachment 8 6of6 Rev. 11/15/2022 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A— Progress Report and Deliverable Submission Form DEP Agreement No.: 22CPR01 Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Grantee Grant Manager Name: Andrew Roltsch DEP Grant Manager-Name: Kristi Kerrigan Reporting Period: Provide the followine information for all tasks identified in Attachment 3 Grant Work Plan: Summarize the work completed within each task for the reporting period.Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered.Add or remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering f om Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) Task#: Task Title • Amount completed within this reporting period(%): • Amount completed to date (%): • Progress for this reporting period: [Add Text<500 words] • Identify any delays or problems encountered: [Add Text<300 words] • Deliverables due for this task; date they were submitted(or expected to be submitted); and how deliverables are submitted/where to find them: [List all deliverables associated with the task/sub- task as a list(mimic the numbering fi^om Attachment 3 Grant Work Plan). Note which deliverables are being provided in this quarter and provide a link to that folder/file. If deliverables were provided Exhibit A,Page 1 of 2 Rev.2/29/2024 previously, indicate the date they were accepted. Include a short description of how to find each deliverable within thatfolder location.] a) b) c) This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager(Original Ink or Adobe Date Certified Signature) For DEP Internal Use Only This report and the specific deliverables described in this Progress Report and Deliverable Submission Form demonstrate that the work under the tasks outlined in this form was satisfactorily performed and are hereby approved in accordance with the reporting requirements of the above DEP Agreement number. Signature of DEP Grant Manager or Designee (Original Ink or Date Adobe Certified Signature) Exhibit A,Page 2 of 2 Rev.2/29/2024 T a) � w CL O Q O E O O aw O u V L = m H al C p G O H v c > O O l m U C a O 0 � O CL O O V O " V 'O N 0 � •W m � O G ?C V 1af111i a) U Q � m +7 O ^ u c Q Y O al a) p J 1 O � w 1U6�N4�M N� o a, c Ln O , ✓� c c hOa U y m " 0 CL s wLU Ln 16M" M Q w LN Q w o w p c 16N4M w v Y m O o � � LL OL al � a O I IfMA i a, � w w Q E 0 vOi 0 L '6 J i 3 t +" W wc7 16N4 M as a 3 m tm +� U Q m j a C C o a` a) a, Q u x a 16N, om � mm O 0 u u NE o O m c a° O O w N o O pp= a) E �n a = C O hp a) 'E �n � v j 0 O U — 0 O O C u = O w o E w w o s m v m En E + a 0 w 0 .0 o 0 a E E m ° o a w a' bD U N � \ CJ NCL al N a) O O alCL m cm m Y m Z Z V C t N E r 6 � m '3 � — O C m O T {n m T Q Q C Y a p w E O m c to w 7 p p Q p O C of w 0 a) CJ w j O N (7 O ,� O C O Q 0 O :+ Z m O 2 C a o Q v j o w aD r c � o m � Z -o a, � U '6 ,� O m 7 m W al w > Uj O O O O O O O O O O O O O O O O O O W 69 69 69 69 69 69 69 69 69 a H w o � z ] F F O O O O O O O O o O O O O O O O O o F c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o vi z Qua F Z F v o 0 0 0 0 0 0 0 0 z d' i �, s vi vi vi vi vi vi vi vi vi z ;� o � yF" O � W obi •7 h y v ��//„� F A W y W w vi vi vi vi vi vi vi vi vi z ' z � A � o0000000 0 0 iy, F F � F w W � a a O O O O O O O O o Q O O O O O O O O o d H o0000000 0 Qo a � w A H Q W O w a Pr m P. F � yy � � � o •� O \ \ \ ` ( ( w / ? q ` k / z § 2 ® ( u \ \ \ \ \ \ \ \ \ \ \ \ \ EXHIBIT C PART 1 - GRANTEE CERTIFICATION I , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) , do hereby certify for (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. that: 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature Print Name Print Name Date Date � }\ zn 00 00 � q ) \ k \ j SEE \ \ ) / \� � / 40. Florida Department of Environmental Protection 4® EXHIBIT G PHOTOGRAPHER RELEASE FORM 'A'p�® FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO:22CPR01 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: ( ) Email: License and Indemnification I certify that I 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. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-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 Environmental Protection.Uses may include,but are not limited to: 1. Promotion of FDEP (including,but limited to publications,websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental 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 I may hold in such Work,and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release,hold harmless and indemnify the Florida Department of Environmental 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. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G,DEP Agreement#:22CPR01 11/19/2021 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22CPRO I Project Title: Monroe County Coral Resilience Project Grantee: Monroe County Board of County Commissioners Subcontractor: Note:Submit separate Exhibit H Certification for each additional subcontractor. Prior to making a request for payment of contractual services, the Grantee must provide the 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 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; 4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant manager. 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 certify that the procurement process the Grantee utilized follows all of said Grantee's non- Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Rev.1.4.2024 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. Monroe County Board of County Commissioners is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. Total Compensation Paid to Non-Profit Personnel Using State Funds Name: Title: 22CPR01 Agency Agreement/Contract# Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In-Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date: