Agenda 12/14/2021 Item #16A19 (DEP Agreement #LPA0154 for Collier County Lake Park Blvd.)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve Department of Environmental Protection (DEP) Agreement No.
LPA0154 to recognize grant funding in the amount of up to $250,000 for the Collier County Lake
Park Blvd. Capital Improvements and Water Quality Flow Way, Project Number 60246, Grant
Fund 711.
OBJECTIVE: To complete a pre -design study to identify and evaluate the feasibility of stormwater
management improvements, conversion of conventional septic systems to municipal sewer, roadway
improvements, and flow way restoration and preservation within the project area with assistance from the
DEP Agreement LPA0154.
CONSIDERATIONS: On October 27, 2020, agenda item I ID, the Board approved the submittal of the
Lake Park Blvd. Capital Improvements and Water Quality Flow Way to the State Appropriations of the
Florida House.
In May 2021, it was announced that, as part of the 2021-2022 state fiscal budget, the Collier County
Lakes Park Blvd. Capital Improvements and Water Quality Flow Way was awarded up to $250,000 in
state appropriations. This funding is in the form of a cost reimbursement grant that will be administrated
by the DEP's Division of Water Restoration Assistance. As set forth in the guidelines established in the
Statement of Work and Agreement documents, the County will submit reports and payment requests
throughout the implementation of the project.
FISCAL IMPACT: A budget amendment is required to appropriate grant funding, in the amount of
$250,000 within Growth Management Grant Fund 711, Project 60246.
Dept / Grant Fund Description
Fund #
Project Number
Amount
Growth Management / Stormwater
711
60246
$250,000
There are no match requirements to the DEP funding. The remainder of the cost to complete the project,
if any, will need a future budget amendment from Stormwater Bond Fund Reserves, Fund 327.
There are no maintenance costs associated with this pre -design study.
GROWTH MANAGEMENT IMPACT: Approval of this item is in accordance with the current
Growth Management Plan standards to ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires majority vote
for Board approval. - JAB
RECOMMENDATION: To approve DEP Agreement No. LPA0154 to recognize grant funding in the
amount of up to $250,000 for the Collier County Lake Park Blvd. Capital Improvements and Water
Quality Flow Way, Project Number 60246. Authorized any necessary budget amendments.
Prepared By: Liz Gosselin, Project Manager; Capital Project Planning, Impact Fees and Program
Management Division
ATTACHMENT(S)
1. LPA0154 Lake Park Blvd. Agreement CAO stamped (PDF)
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16.A.19
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.19
Doe ID: 20309
Item Summary: Recommendation to approve Department of Environmental Protection (DEP)
Agreement No. LPA0154 to recognize grant funding in the amount of up to $250,000 for the Collier
County Lake Park Blvd. Capital Improvements and Water Quality Flow Way, Project Number 60246,
Grant Fund 711.
Meeting Date: 12/14/2021
Prepared by:
Title: Associate Project Manager — Capital Project Planning, Impact Fees, and Program Management
Name: Liz Gosselin
10/07/2021 3:29 PM
Submitted by:
Title: Director — Capital Project Planning, Impact Fees, and Program Management
Name: Matthew McLean
10/07/2021 3:29 PM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Growth Management Department
Growth Management Department
Lisa Taylor
Additional Reviewer
Parks & Recreation
Michelle DAndrea
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management
Ian Barnwell
Growth Management Department
Lisa Abatemarco
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management
Matthew McLean
Growth Management Department
James C French
Growth Management
Grants
Valerie Fleming
Level 2 Grants Review
Growth Management Department
Trinity Scott
Transportation
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher
Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
10/08/2021 12:08 PM
Completed
10/11/2021 2:38 PM
Completed
10/14/2021 1:24 PM
Additional Reviewer Completed
Completed
10/18/2021 9:52 AM
Additional Reviewer Completed
Skipped
10/07/2021 6:19 PM
Completed
10/25/2021 11:10 AM
Completed
10/26/2021 10:46 AM
Completed
11/02/2021 8:22 AM
Completed
11/02/2021 8:30 AM
Completed
11/02/2021 9:34 AM
Completed
11/02/2021 1:39 PM
Completed
11/22/2021 5:49 PM
Completed
12/02/2021 1:11 PM
12/14/2021 9:00 AM
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Aereement
This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes:
I. Project Title (Project): Agreement Number:
Collier County Lake Park Blvd. Capital Lnprovements and Water Quality Flow lWay LPA0154
2. Pat -ties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard (Department)
Tallahassee, Florida 32399-3000
Grantee Name: Collier County Entity Type: Local Government
Grantee Address: 3299 Tamiami Trail East, Suite 303, Naples, FL 34112 FEID: 59-6000558
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Grantee
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Agreement Begin Date:
Date of Expiration:
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Upon Execution
December 31, 2023
4.
Project Number:
Project Location(s):
Lat/Long ( 26.0207, -81I.6337)
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(IfdierentfivmAgreement Number)
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Project Description: Pre -design study to identify and
evaluate the feasibility of potential stormwater management improvement.
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Total Amount of Funding: Funding Source?
Award 4s or Line Item Appropriations:
Amount per Source s .
LP, CAA LI 1607A, F'Y 21-22, GR
$250,000.00
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$250,000.00 0 State ❑Federal
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❑ State ❑Federal
❑ Grantee Match
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Total Amount of Funding + Grantee Match, if any: $250,000.00
6.
Department's Grant Manager
Grantee's Grant Manager
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Name: Evan Beitsch
Name: Liz Gosselin
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or successor
or successor
to
Address: 3900 Commonwealth Blvd.
Address: 2685 Horseshoe Drive South
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Douglas Building, MS 3602
Naples, FL 34104
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Tallahassee, FL 32399-3000
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Phone: (850)245-2993
Phone: 919-252-5188
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Email: evau.beitsch@floridadel).gov
Email: Liz.Gosseiiii@eolliei-countyfl.gov
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7.
The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
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incor orated b reference:
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® Attachment l: Standard Terms and Conditions Applicable to All Grants Agreements
Attachment 2: Special Terms and Conditions
[M Attachment 3: Grant Work Plan
lW Attachment 4: Public Records Requirements
Ql Attachment 5: Special Audit Requirements
❑ Attachment 6: Program -Specific Requirements
❑ Attachment 7: Grant Award Terms (Federal) *Copy available at htt s:/Ifacts.€ldfs.coinin accordance with §215.985, F.S.
• Attachment 8: Federal Regulations and Terms (Federal)
❑ Additional Attachments (if necessary):
m Exhibit A: Progress Report Form
❑ Exhibit B: Property Reporting Form
LA Exhibit C: Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements for Grants
❑ Exhibit E: Advance Payment Terms and Interest Earned Memo
❑ Additional Exhibits (if necessary):
DEP Agreement No. LPA0154 Rev. 6/20/18
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16.A.19.a
R. The following information aonlies to Federal Grants only and is identified in accordance with 2 CFR 200.33 t(a)(1):
Federal Award Identification Numbers (FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D?
❑ Yes ❑NIA
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below, whichever is later.
Collier County
Grantee Name
By
(Authorized Signature)
Ms. Penny Taylor, Chairperson
Print Name and Title of Person Si nin
GRANTEE
Date Signed
State of Florida Department of Environmental Protection DEPARTMENT
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Secretary or Designee
Trina Vielhauer, Director
Print Name and Title of Person Signing
la Additional signatures attached on separate page.
ATTEST,
CRYSTAL K. KINZEL, CLERK
1.374
DEP Agreement No. LPA0154
Date Signed
Approved as to form, and legality
Assistant County Attorney
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Rev. 6/20/18
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DWRA Additional Signatures
Evan Beitsch, DEP Grant Manager
Sandra Waters, DEP QC Reviewer
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
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This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
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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
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Grantee's forms or invoices shall be null and void.
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2. Grant Administration.
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a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
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order of precedence for interpretation of the Agreement is as follows:
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i. Standard Grant Agreement
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ii, Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
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Agreement
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iii. Attachment 1, Standard Terms and Conditions
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iv. The Exhibits in the order designated in the Standard Grant Agreement
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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,
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U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
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by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
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receipt is acknowledged by recipient, if the notice is delivered in multiple ways, the notice will be considered
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delivered at the earliest delivery time,
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c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
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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
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order to the Agreement.
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d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
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between both parties. A formal amendment to this Agreement is required for changes which cause any of the
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following:
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(1) an increase or decrease in the Agreement funding amount;
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(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement; and/or
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(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
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Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
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as last approved by Department.
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A change order to this Agreement may be used when:
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(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
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Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
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(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
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(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
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Legislature,
e. All days in this Agreement are calendar days unless otherwise specified.
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3. Agreement Duration,
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The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
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
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execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
Attachment I
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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
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making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
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forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
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5. Performance Measures,
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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
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workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
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knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (S) its
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employees, subcontractors, and/or subgrantecs shall comply with any security and safety requirements and processes,
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if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
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or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
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requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
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does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
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the time of delivery,
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G. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
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before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
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outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
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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
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Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory
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performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
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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
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invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
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acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
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allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
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failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
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event of default.
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7. Financial Consequences for Nonperformance.
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a. Withholding Pa ment. In addition to the specific consequences explained in the Grant Work Plan and/or
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Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
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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
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penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
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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
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in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days.
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i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
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Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
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Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
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CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from
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receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
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obtain Department approval of CAP as specified above may result in Department's termination of
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this Agreement for cause as authorized in this Agreement.
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ii, Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
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commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
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does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps, or to terminate this Agreement for failure to perform.
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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
Attachment 1
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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:
htt s://www,m floridaefo.com/Division/AA/Manuals/documents/itcfei-enceGuidefoi,StateEx enciittlres, df.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and
post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. interim Payments, Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. Final Pa ment Re uest. 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.
h. Annual Appropriation Contin enc . The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
www.myfloi,idaefo.coin/Division/AA/Vendoi-s/default,htm.
j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department, Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department.. is required to refund the federal government, the Grantee shall refund the De artment 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.
Attachment 1
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16.A.19.a
b. Overhead/Indirect/Gencral 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
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supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
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written notification. Interest shall be charged on the excessive rate.
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c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
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substantiated by copies of invoices with backup documentation identical to that required fro3n Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
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per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
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and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
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charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
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funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
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rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
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for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and
Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee
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shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
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of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
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subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors.
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i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may
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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-
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price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
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copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request
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for Proposals, or other similar competitive procurement document) resulting in the fixed -price
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subcontract. The Grantee may request approval from Department to award a fixed -price subcontract
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resulting from procurement methods other than those identified above. In this instance, Grantee shall
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request the advance written approval from Department's Grant Manager of the fixed price
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negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
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Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
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approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract.
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ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
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287.055, F.S, or the Brooks Act, Grantee must provide documentation clearly evidencing it has
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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,
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F.S.
e. Direct Purchase Equipment. For the put -poses of this Agreement, Equipment is defined as capital outlay costing
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$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
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completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
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completed Exhibit B, Property Reporting Form.
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f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
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of invoices or receipts to document charges.
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g. Miscellaneous/Other Expenses, If miscellaneous or other expenses, such as materials, supplies, non -excluded
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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
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receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department
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shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil
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or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
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It. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
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(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
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Descriptions, Boundary Maps, Acreage Certification, "Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
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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.
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The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
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Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
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period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting
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period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly
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reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
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31, June 30, September 30 and December 31. The Department will review the required reports submitted by
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Grantee within thirty (30) days.
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11.
Retainage.
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The following provisions apply if Department withholds retainage under this Agreement:
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The Department reserves the right to establish the amount and application of retainage on the work performed
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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
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ofall deliverables.
M
b.
If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall
L
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
a
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
Y
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
c.
No retainage shall be released or paid for incomplete work while this Agreement is suspended.
c
d.
Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
V
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement,
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12.
Insurance.
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a.
Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees
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and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
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described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to
0
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
V
to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request.
c
b.
Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
m
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
m
Grantee providing such insurance.
L
c.
Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
Q
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
m
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
d
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
a)
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
J
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
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e.
Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
T_
the Department of Environmental Protection, its employees, and officers as an additional covered party
CD
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everywhere the Agreement requires them to be added as an additional insured.
a
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13.
Termination.
a.
Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
d
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
E
notify Grantee of the termination for convenience with instructions as to the effective date of 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
Q
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
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16.A.19.a
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 inLO
addition to any other rights and remedies provided by law or under this Agreement.
c
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
a
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
J
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
m
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
d
recover any cancellation charges or lost profits.
L
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d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
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or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
W
has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
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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
pp
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
L
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
IL
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
a)
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
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If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
a)
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
M
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
F4
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
'a
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
Q.
notice.
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15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
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exclusive list of events, acts, or omissions, shall constitute events of default:
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a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
V
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
m
m
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;
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c, Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
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d, Failure to honor any term of the Agreement;
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e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
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the certificate of authority granted to the Grantee by a state or other licensing authority;
d
£ Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
a)
any other entities as required by this Agreement;
J
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
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h. Failure to maintain the insurance required by this Agreement;
Q
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
J
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:
E
i. Entry of an order for relief under Title I I of the United States Code;
M
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;
Q
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
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16.A.19.a
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
V
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
c
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
a
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
J
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
m
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
m
compensation.
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17. Force Majeure,
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The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
a
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
W
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
pp
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
L
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
a
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
d
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
J
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
a)
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
M
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
N
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
Q
.
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
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may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
N
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
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and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
V
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
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in part.
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18. Indemnification.
4)
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,
a�
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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
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part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
m
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
IL
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee,
a)
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
J
Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over
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and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
W7
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
Q
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
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withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
c
d
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
M
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
Q
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
Attachment 1
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Packet Pg. 1028
16.A.19.a
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.
U)
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
c
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
a
compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000.
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20. Remedies.
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Nothing in this Agreement shall be construed to make Grantee liable for force majeure events, Nothing in this
m
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
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remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
a�
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Q
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
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21. Waiver.
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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
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of any such right preclude any other or further exercise thereof or the exercise of any other right.
pp
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
L
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
a
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
d
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.
J
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:
M
M
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
N
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
'a
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
Q
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
coo
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
N
entity; and may not transact business with any public entity in excess of the threshold amount
0
provided in Section 287.017, F.S., for CATEGORIC TWO for a period of 36 months following the
V
date of being placed on the convicted vendor list.
_
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
m
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
m
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
Q
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
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business with any public entity.
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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
d
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
a)
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
J
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
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property to a public entity; may not be awarded or perform work as a Grantee, supplier,
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subcontractor, or consultant under a contract with a public entity; and may not transact new business
e
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with a public entity.
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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
E
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
c�a,
antitrust violator vendor list may be directed to the Florida Department of Management Services,
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Office of Supplier Diversity, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
Attachment 1
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001
Packet Pg. 1029
16.A.19.a
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.LO
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
c
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
Qa
in performance of this Agreement.
J
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
m
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
m
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
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Agreement.
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24. Scrutinized Companies.
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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
pp
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
L
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
d
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, E.S. Pursuant to
Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee
J
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
a)
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
M
engaged with business operations in Cuba or Syria during the term of the Agreement.
N
c. As provided in Subsection 287.135(g), F.S., if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
Q.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
cc
the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section
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287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
Q
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
V
agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S.
_
26. Record Keeping.
m
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
m
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
Q
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
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access to such records for audit purposes. Upon request of Department's inspector General, or other authorized
m
State official, Grantee shall provide any type of information the Inspector Generai deems relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial
d
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
a)
records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the
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General Records Schedules maintained by the Florida Department of State (available at:
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htt ://dos.m florida.com/librar -archives/records-mana ementl eneral-records-schedules/ .
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27. Audits.
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a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
J
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 thisCD
c
requirement, in writing, on its sub -grantees and/or subcontractors, respectively.
E
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
M
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
Q
L Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
Attachment 1
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16.A.19.a
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
LO
parameters at any location reasonable or necessary to assure compliance with any work or legal
c
requirements pursuant to this Agreement.
Q
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
J
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
m
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
d
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
a�
identified in Attachment 5, Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act
Q
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
a
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether
G
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
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number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following websitc:
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httas:llapps.fldfs.cori fsaa.
L
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
IL
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
d
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
J
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,
c
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
M
(30) days of such request.
V
e. No Comminling, 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
Q
are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds
.
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specifically budgeted and/or received for one project may not be used to support another project. Where a
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Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
N
shall establish a system to provide adequate fund accountability for each project it has been awarded.
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i. If Department finds that these funds have been commingled, Department shall have the right to
V
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
m
notification from Department shall refund, and shall forthwith pay to Department, the amount of
m
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
T
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
Q
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
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ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Y
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
1L
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
a)
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
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not apply to agreements where payments are made purely on a cost reimbursement basis.
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28. Conflict of Interest.
G
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
J
manner or degree with the performance of services required.
29. Independent Contractor.
_
The Grantee is an independent contractor and is not an employee or agent of Department.
E
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
Q
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.
Attachment I
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16.A.19.a
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
LO
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
c
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
a
J
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
E
Department's facilities, unless the basis of Department's denial is safety or security considerations.
m
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
L
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
Q
diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting
a
opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
W
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
m
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
L
schedule.
31. Guarantee of Parent Company.
d
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
Y
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
J
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
a)
parent company guarantee all of the obligations of Grantee.
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32. Survival.
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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
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public records, shall survive termination, cancellation, or expiration of this Agreement.
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33. Third Parties.
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The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
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agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
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Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
V
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third-
_
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
34. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
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are severable to that void provision, and shall remain in full force and effect.
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35, Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
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technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
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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
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controlling laws and regulations relevant to the services they are providing under the Agreement.
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36. Assignment.
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The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
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any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
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of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
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waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
a
intent to do so.
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37. Compensation Report.
If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State,
4)
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
M
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash
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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
Attachment 1
11 of 12
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16.A.19.a
reports, All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
38, 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
12 of 12
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16.A.19. a
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions .
AGREEMENT NO. LPA0154
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 Collier County Lake Park Blvd. Capital Improvements and Water
Quality Flow Way, The Project is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement begins upon execution and ends at the
expiration of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional set -vice 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 Pay, Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
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, NIA.
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.
No Equipment purchases shall be funded under this Agreement.
b. 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.
S. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
Attachment 2
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16.A.19. a
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 ininiinuin insurance requirements applicable to this Agreement are:
a, Commercial General Liabili , 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. m
There are no special Quality Assurance requirements under this Agreement. a
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10. Retainage. y
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No retainage is required under this Agreement. p
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11. Subcontracting. U
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed -price subcontracts pursuant to this Agreement, which require prior approval. E
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 Q
performed under this Agreement.
12. State-owned Land, pp
The work will not be performed on State-owned land. he
13. Office of Policy and Budget Reporting.
The Grantee will identify the expected return on investment for this project and provide this information to the
Governor's Office of Policy and Budget (OPB) within three months of execution of this Agreement, For each full
calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days
after the end of each quarter, documenting the positive return on investment to the state that results from the
Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the
Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever
occurs first. All reports shall be submitted electronically to OPB at env.roi@iaspbs.state.ti.us, and a copy shall also
be submitted to the Department at legislativeaffairs@t]oridaDEP.gov.
14. Additional Terms.
Ni i w
Attachment 2
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Packet Pg. 1035
16.A.19.a
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 Liabili 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 Liabili 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. am
10. Retainage. N
No retainage is required under this Agreement. p
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11. Subcontracting. V
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed -price subcontracts pursuant to this Agreement, which require prior approval. E
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for m
subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be
performed under this Agreement. Q
12. State-owned Land. GO
The work will not be performed on State-owned land. L
13. Office of Policy and Budget Reporting.
The Grantee will identify the expected return on investment for this project and provide this information to the
Governor's Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full
calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days
after the end of each quarter, documenting the positive return on investment to the state that results from the
Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the
Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever
occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us, and a copy shall also
be submitted to the Department at legislativeaffairs@lloridaDEP.gov.
14. Additional Terms.
!lane.
Attachment 2
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16.A.19. a
ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Collier County Lake Park Blvd, Capital Improvements and Water Quality Flow Way
PROJECT LOCATION: The Project will be located in the City of Naples, within Collier County;
Lat/Long (26.0207, - 81.6337)
PROJECT BACKGROUND: Collier County (Grantee) will perform a water quality and flood protection
study to identify and evaluate the feasibility of providing stormwater management infrastructure
improvements, converting existing conventional septic systems to municipal sewer, roadway
improvements, exotic vegetation removal and restoring the historical flow ways into the Outstanding
Florida Waters of Rookery Bay National Estuarine Research Reserve. The study area experiences periods
of flooding due to low topography and lack of stormwater management infrastructure. The upstream water
shed connected to the study area consists of low impact residential developments on conventional septic
systems and historical farming agricultural stormwater run-off that flows through this impacted flow way
into the Outstanding Florida Waters of Rookery Bay National Estuarine Research Reserve.
PROJECT DESCRIPTION: The Grantee will conduct a pre -design study to identify and evaluate the
feasibility of potential stormwater management improvements, conversion of conventional septic systems
to a municipal sewer, roadway improvements, and flowway restoration and preservation within the project
area.
The Grantee does not anticipate that the funding under this Agreement will result in a fully completed
project, so this Agreement will cover a portion of the work.
TASKS: All documentation should be submitted electronically unless otherwise indicated.
Task #1: Pre-Desi n Stud
Deliverables: The Grantee will perform a pre -design study to ascertain the feasibility of potential
stormwater management improvements, conversion of septic systems to a centralized wastewater system,
roadway improvements, and flowway restoration and preservation within the project area and produce a
pre -design report that will detail the scope of the problem in the analysis area, outline design options, and
identify the tasks required to complete a resolution to the problem.
Documentation: The Grantee will submit the final pre -design study report.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following
the conclusion of the task.
PROJECT TIMELINE & BUDGET DETAIL:
The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost
reimbursable grant funding must not exceed the budget amounts as indicated below.
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DEP Agreement No. LPA0154, Attachment 3, Page 1 of 2
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16.A.19.a
Task ;' Budget:',: Grant Task Star# Task End
Task Title
No. ;' Catezory Amount Date:.Date
1 Pre -Design Study Contractual $250,000 07/01 /2021 06/31 /2023
Services
Total: 1 $250,000
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DEP Agreement No. LPA0154, Attachment 3, Page 2 of 2
Packet Pg. 1038
16.A.19. a
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
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a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
a.
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
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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
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Constitution or section 119.07(1), F.S.
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b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
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as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
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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:
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a. Keep and maintain Public Records required by Department to perform the service.
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b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
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inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
a.
as otherwise provided by law.
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c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
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penalties under section 119.10, F.S.
a;
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
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are not disclosed except as authorized by law for the duration of the contract ten-ri and following completion of the
N
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
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or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
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Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
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Records that are exempt or confidential and exempt from Public Records disclosure requirements. if the contractor
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keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
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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
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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.
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f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
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RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
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CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: pub lie.servicesgfloridadep.gov
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Mailing Address: Department of Environmental Protection
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ATTN: Office of Ombudsman and Public Services
a.
Public Records Request
3900 Commonwealth Boulevard, MS 49
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Tallahassee, Florida 32399
Attachment 4
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16.A.19. a
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 be referred to
as the 'Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CPR 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 1: FEDERALLY FUNDED
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This pail is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CPR
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§200.330
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1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program-
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specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT I to this
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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
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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
pp
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
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to auditee responsibilities as provided in 2 CFR 200,508-512.
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 www.efda.goy
Attachment 5
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16.A.19. a
PART IL STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
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 Pail 11, 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
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June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
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Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial
v
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
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of such an audit must be paid from the recipient's resources obtained from other than State entities).
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4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
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the Florida Single Audit Act website located at https://apps.fldfs.conVfsaa for assistance. In addition to the
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above websites, the following websites may be accessed for information: Legislature's Website at
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http://www.le.g.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.!M orida.com/,
Department of Financial Services' Website at littp://www.fldf-,.com/and the Auditor General's Website at
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httn;//www.mvfloi-ida.com/audizen/.
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PART III: OTHER AUDIT REQUIREMENTS -a
(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,51ate financial assistance that are in addition to audits conducted
in accordance ivith Section 215.97, Florida Statutes. In such an event, the State awarding agency nn(st arrange for
finding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
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
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16.A.19. a
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East I Oth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or 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/facweb/
Copies of financial reporting packages required by PART lI 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: N
FDEPSingleAudit@dep.state.fl.us
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B. The Auditor General's Office at the following address:
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Auditor General
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Local Government Audits/342
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Claude Pepper Building, Room 401
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I l I West Madison Street
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Tallahassee, Florida 32399-1450
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The Auditor General's website (littp://flatiditor.gov/) provides instructions for filing an
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electronic copy of a financial reporting package.
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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
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addresses:
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By Mail:
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Audit Director
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Florida Department of Environmental Protection
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Office of Inspector General, MS 40
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3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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Electronically:
FDEPSingleAudit@dep.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 Q
for -profit organizations), Rules of the Auditor General, as applicable.
Attachment 5
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16.A.19. a
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
4 of 6
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revised 12/14/2020
Packet Pg. 1043
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Exhibit A
Progress Report Form
DEP Agreement No.:
LPA0154
Project Title:
Collier County Lake Park Blvd. Capital Improvements and Water
Quality Flow Way
Grantee Name:
Collier County
Grantee's Grant Mana er:
Liz Gosselin
Reporting Period: Scleci rcorting 10-iod. Select year,
Provide the following information for all tasks identified in the Grant Work Plan:
Summarize the work completed within each task for the reporting period. Provide an update on the estimated
completion date for each task and an explanation for any anticipated delays or problems encountered. Add or
remove task sections and use as many pages as necessary to cover all tasks. Use the format provided below.
Task 1: Task Title
• Progress for this reporting period: Add Text
• Identify delays or problems encountered: Add Text
Task 2: Task Title
• Progress for this reporting period: Add Text
• Identify delays or problems encountered: Add Text
Task 3: Task Title
• Progress for this reporting period: Add Text
• Identify delays or problems encountered: Add Text
Task 4: Task Title
• Progress for this reporting period: Add Text
• Identify delays or problems encountered: Add Text
Task 5: Task Title
• Progress for this reporting period: Add Text
• Identify delays or problems encountered: Add Text
Exhibit A, Page 1 of 2
Rev. 10/28/20
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16.A.19. a
Indicate the completion status for the following tasks if included in the Grant Work Plan):
Design (Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑
Permitting (Completed): Yes ❑, No ❑
Construction (Estimated): %
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) Date
Exhibit A, Page 2 of 2
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Rev, 10/28/20
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Exhibit C
Payment Request Summary Form
The Payment Request Summary Form for this grant can be found on our website at this link:
k��s:/, flczridadera.��v/wralwra/dncunaents/E3avnler�t-rc nest-su►�ln�a-fi�irn
Please use the most current form found on the website, linked above, for each payment request.
Exhibit C, Page 1 of 1
Rev. 12/02/19
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�CTIC� 7f'1\/0 7 N1� ❑
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This document was produced based on prior Board direction, legislative and project needs
identified by County staff in support of Board -approved programs and projects, ongoing or
unresolved legislative and administrative issues from 2020, and legislative priorities shared with
the Florida Association of Counties (FAQ and the National Association of Counties (NACo).
Our state and federal contract lobbyists provide valuable input throughout this process and
work very hard to continually identify and monitor legislative trends, issues, administrative
activity, and funding opportunities throughout the year.
Once reviewed and approved by the Board of County Commissioners, o
the County's legislative and administrative priorities guide all advocacy efforts in Tallahassee,
FL, and Washington, DC, for the upcoming year. a
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For more information, please contact John Mullins at (239) 252-2520, y
or, by email, at iohn.mullins@colliercountyfl.gay a
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PRIORITIES, LEGISLATIVE & ADMINISTRATIVE....................................................................................5
ADAWebsite Compliance Safe Harbor............................................................................................5
CDBG-MIT— Paradise Coast Sports Complex Field House.................................................................5
CountyFunding Streams.................................................................................................................6
COVID-19 & Economic Recovery.....................................................................................................6
Emergency Shelter Registration Lists — Public Records Exemption....................................................6
FEMARemapping..........................................................................................................................7
HurricaneIrma Closeout.................................................................................................................7
ImmokaieeReadiness Center..........................................................................................................7
Interstate 75/SR 951 Interchange Construction Acceleration............................................................8
Long -Term, Transparent National Flood Insurance Program (NFIP) Reauthorization .........................8
RESTOREAct Debt Financing...........................................................................................................8
Septic -to -Sewer Grant Program Creation and Recurring Funding.....................................................9
StateVeterans' Nursing Home........................................................................................................9
Strategic Intermodal System Long Range Cost Feasible Plan..........................................................10
WaterQuality and Quantity Management....................................................................................10
STATE APPROPRIATIONS PROJECT REQUESTS...................................................................................11
Golden Gate Senior Center Construction/Expansion......................................................................11
Lake Park Boulevard Capital Improvements and Water Quality Flowway.......................................11
ISSUESTO MONITOR�.......................................................................................................................12
AutonomousVehicles...................................................................................................................12
Clerkof the Circuit Court Funding.................................................................................................1.2
CommunityRedevelopment Agencies...........................................................................................12
Economic Development Administration (EDA) Project Funding — Immokalee Airport Cold
Storage/Freight............................................................................................................................12
FAAAir Traffic Control Privatization..............................................................................................12
FuelStation Generators................................................................................................................12
HarmfulAlgal Blooms...................................................................................................................13
Hazardous Waste Disposal Funding / Collection Bills.....................................................................13
HomeRule...................................................................................................................................13
1-75 Interchanges.........................................................................................................................13
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Inland Oil Drilling & High -Pressure Well Stimulation(Fracking)......................................................13
Lake Okeechobee and Everglades Restoration...............................................................................13
Licensing& Permitting.................................................................................................................13
MedicalMarijuana Dispensaries...................................................................................................14
MentalHealth & Substance Abuse................................................................................................14
MillageRates...............................................................................................................................14
OffshoreDrilling...........................................................................................................................14
School Resource Officer / Guardian Program Funding....................................................................14
ShortTerm Rentals.......................................................................................................................14
Southwest Florida Promise Zone / Opportunity Zones...................................................................15
WorkersCompensation Reform....................................................................................................15
Donna Fiala
District 1
Penny Taylor
District 4
Andy Solis
District 2
William McDaniel, Jr.
District 5
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ADA Website Compliance Safe Harbor
Summary: Local governments across the country have seen a wave of lawsuits filed by
plaintiffs' attorneys regarding website compliance with the Americans with Disabilities Act
(ADA). Due to the amount of information required to be posted to local governmental websites
to comply with various state and local transparency provisions, it is doubtful that any local
governmental website is fully compliant with the ADA.
Action: (FEDERAL) — In 2018, the House of Representatives passed the ADA Education and
Reform Act of 2017 that, in Title It/ - Public Accommodations and Commercial Facilities, would
have required prospective plaintiffs to provide written notice of noncompliance to places of
public accommodation that operate public websites prior to filing a lawsuit. The company
would have then had a 60-day safe harbor to come up with a plan to address the plaintiff's
concern and 120 days to make "substantial progress" toward rectifying it. The bill passed the
House on a split vote but died in the Senate. NACo and the Florida League of Cities have
previously coalesced around the issue regarding local governmental website compliance with
the ADA. New, similar legislation to the Reform Act of 2017 is needed under Title 11—State &
Local Governments for an adequate safe harbor or cure period from legal action while working
to comply with the ADA website provisions.
---------------------_-_--_-------------------------------------_------_----------------------------------
CDBG-MIT— Paradise Coast Sports Complex Field House
Summary: In September, the County applied to the State Department of Economic Opportunity
(DEO) for $11 million in Community Development Block Grant — Mitigation (CDBG-MIT) funds for
the hardening of the planned Paradise Coast Sports Complex field house. If awarded, these
funds would provide a structure that could accommodate over 800 individuals with special
needs and/or general population during a storm event and provide electrical power for special
medical equipment and food service during a disaster.
Action: (STATE) — Engage DEO and the legislative delegation on the local and regional need of
this shelter facilitation project, its ability to serve a significant portion of the special needs
population, and the Complex's overall ability to serve as a regional shelter during evacuation
events, provide a continuity of operations center, and serve as a staging area for community
response after a major storm.
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County Funding Streams
Sumrnar : Full funding of grants and continued appropriations for programs or funds applicable
to Collier County, including but not limited to, Payment in Lieu of Taxes (PILT), Community
Development Block Grant (CD8G), Home Investment Partnerships Program (HOME), Institute
of Museum and Library Services (IMLS), Airport Improvement Program (AIP), Emergency
Management Performance Grants (EMPG), Stafford Act, Fire Management Assistance Grant
Program (FMAGP), Rainy Day Fund, Local Housing Trust Fund, Sadowski Act -funded programs
including the State Housing Initiatives Partnership (SHIP) and State Apartment Incentive Loan
(SAIL) Program, the Land Acquisition Trust Fund (LATF), and the Rural Development Grant
Program.
Action: (STATE/FEDERAL) —Advocate for full funding of grants and continued appropriations
for programs or funds applicable to Collier County and oppose state or federal actions that
would utilize moneys for other purposes than originally intended.
COVID-19 & Economic Recovery
Summary. COVID-19 has negatively impacted every sector of the economy. Ongoing expenses
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incurred in returning to some sense of normalcy, coupled with loss of income and revenues by
residents, businesses, and governments will reverberate over the next year or more. Federal
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and state legislative bodies and executive agencies will be prompted to make tough financial
and policy decisions to rebuild a robust economy while continuing to provide a safety net for
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those businesses and individuals still struggling to manage the fiscal ramifications of a pandemic.
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Action: (STATE/FEDERAL) — Advocate for fiscally prudent policies that will act as a stimulus to E
the economy, facilitate growth, and provide programs and services for businesses and
individuals with a demonstrated need for continued assistance.
------------------------------------------------------------..-___.----_-_------------------------------
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Emergency Shelter Registration lists — Public Records Exemption
Summary: Counties are taking more responsibility for operating emergency shelters from the
Red Cross. Where registration information, as gathered by the Red Cross, remains confidential,
county registration and other disaster -related forms and software that may contain personal
information may be subject to Florida public records laws. Hesitance to have their personal
information made public might dissuade some from seeking shelter in an emergency and
needlessly put first responders and others in jeopardy. The information gleaned from a
sweeping records request could place residents in a vulnerable state by providing unscrupulous
individuals and businesses with addresses of evacuated properties and damage assessment
information.
Action; (STATE) — As part of their 2021 agency package, the Florida Department of Emergency
Management (FDEM) intends to seek a public records exemption for the name, address, and
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phone number of persons staying at a public shelter. This bill was previously pushed by Collier
and Palm Beach Counties with the support of FAC and the Florida Emergency Preparedness
Association. Due to sponsorship issues, this legislation has passed each chamber in previous
years, but not both houses during the some legislative session.
FEMA Remapping
Summary. Expedited approval by FEMA is needed for Collier County flood remapping which is
five years behind schedule. Two-thirds of Collier's population is represented by outdated maps.
Of the two Physical Map Revisions (PMR) pending completion for this update, PMR-1 is nearly
completed and the mapping for PMR-2 is expected to be completed by the end of the year. The
preliminary maps for the Southwest Florida Coastal Study were released by FEMA on December
31, 2019. PMR-1 and PMR-2 will be merging with this study to complete a final product.
Action: (FEDERAL) —Engage agency officials and the congressional delegation to prompt FEMA
approval of the County's flood remapping. Continue to support increases in funding for the
Flood Hazard Mapping and Risk Analysis Program.
---------------------- ...-.._------------------------------------------_----------------------------------------
Hurricane Irma Closeout
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Summary. Since Hurricane Irma battered Collier County in September of 2017, efforts in
tallying, documenting, and processing all eligible recovery projects for reimbursement through
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the Florida Department of Emergency Management (FDEM) to the Federal Emergency
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Management Agency (FEMA) have been ongoing. Recently, the Government Affairs team was
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able to solicit congressional assistance in obtaining an eligible project extension period from
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FEMA for debris removal operations conducted through December 31, 2018. This extension
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approval had been lodged between FDEM and FEMA Region IV since the original County request
in September of 2019. This extension will allow for over $6 million in additional reimbursement.
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Action: (STATE/FEDERAL) — Assist County departments in obtaining administrative approval of
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remaining project worksheets to close out Hurricane Irma and, as necessary, engage the
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congressional delegation to expedite FEMA obligation of funds.
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------------------------- ._____---_-_--.--------------------------------___-__---------------------------___----
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Immeiealee Readiness Center
5umma : In 2007, the Florida Army National Guard proposed the construction of a military
Readiness Center on 26 acres of land at the Immokalee Regional Airport (IMM). In 2009, the
BCC approved a 25-year lease agreement with the National Guard. However, due to the
economic downturn and change of presidential administrations, the lease was voided as
construction did not commence in accordance with the performance milestones outlined in the
lease. In 2018, after discussions with Airport Authority staff, the National Guard included the
Readiness Center in its Long Range Construction Plan, subject to congressional appropriation. It
is currently in the top six projects for the Guard with the potential to be accelerated given the
Guard's updated plan to station a special supports battalion at IMM.
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During a fall 2019 meeting on Capitol Hill with Congressman Diaz-Balart and representatives of
the Army, commissioners were informed that IMM was ranked #2 (behind Gainesville) for
funding on the Army's Unfunded Requirements List (URL), a list annually compiled from states'
Adjutants General recommendations and funded by Congress outside of the agency's standard
budget request. Gainesville was not selected for funding this year, so Florida's base rankings
remain as previously set. The URL runs concurrent with the annual military construction
(MILCON) budget. A project can be included for funding consideration via one, or both,
documents.
Action: (FEDERAL) —Work with both the Army National Guard and the congressional delegation
to accelerate the Readiness Center on the Long Range Construction Plan and ensure adequate
appropriation for its construction at the earliest opportunity.
Interstate 75/SR 951 Interchange Construction Acceleration
Summate: initially, the Florida Department of Transportation (FDOT) had included the 1-75/SR
951 interchange in its Five Year Work Program with a scheduled construction date of FY 20/21.
Knowing this critical transportation infrastructure project was forthcoming, over the last few
years, the Board of County Commissioners approved many development projects for the area,
including warehouse distribution businesses that will generate considerable commercial traffic.
The Board also approved millions of dollars in utility relocations early and in anticipation of this
project. This interchange is also a primary access route for tourists and residents of Marco
Island. The latest FDOT Work Program currently doesn't provide for construction to begin until
FY 24/25.
Action: (STATE) -- Facilitate collaboration between the County, FDOT, and the legislative
delegation to develop a plan to finance and accelerate the delayed improvements to the 1-75/SR
951 interchange to accommodate the rapid growth and development of the area.
..--------------------------------------------------------------------------- .._.------------------------------
Long-Term, Transparent National Flood Insurance Program (NFIP) Reauthorization
Surrt_mar�: To seek the long-term reauthorization of the NFIP to provide housing market
stability while ensuring transparency and fairness in rate setting.
Action: (FEDERAL) -- Support legislation that provides for a minimum five-year reauthorization,
freezes interest payments on NFIP debt, provides low interest loans for homeowner mitigation
projects, and provides additional funding for current mitigation assistance grant programs.
------------------------------------------------------------------------------------------------------------
RESTORE Act Debt Financing
Summary: To pass legislation authorizing the Secretary of the Treasury to use debt instruments,
as part of the RESTORE Act, to be financed by $20 billion in BP Oil civil penalties, providing more
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immediate access to moneys for restoration and program/project improvements that would
otherwise take years to accumulate. Collier County is one of 15 "non -disproportionately"
affected counties eligible for project grants under RESTORE.
Action. (FEDERAL) — Continue to advocate for debt financing legislation during the 117th
Congress that mirrors HR 2923, co -sponsored during the 115th Congress by Rep. Diaz-Balart.
Septic -to -Sewer Grant Program Creation and Recurring Funding
Summary: Aging septic tank systems and their leaching of effluent are a threat to waterways,
the habitats they sustain, and our drinking water quality. Even when conducted in phases,
sanitary sewer construction and connection projects are expensive whether it be a densely
populated area or a small and/or rural community with fiscal limitations. Residents often incur
costly assessments to cover transition to a sanitary sewer system. The Clean Waterways Act of
2020 created a septic -to -sewer grant program - subject to appropriation by the Legislature - that
requires a 50% local match that maybe waived by DEP only for rural areas of opportunity. An
annually funded, low -or -no local match septic -to -sewer conversion grant program is needed to
expeditiously connect residents to sanitary sewer systems and facilitate proper abandonment of
the septic tank.
Action: (STATE) -- Advocacy for creation of a septic -to -sewer grant program with a dedicated,
recurring funding source and applicable to planning, design, construction, and connection costs
associated with conversion.
------------------------------------------------------.._...----_---------------------------------------------
State Veterans' Nursing Home
Summary, Though Collier County was ranked at the top of a needs -based study for the
construction of a new State Veterans' Nursing Home, at the conclusion of the 2014 site
evaluation process, St. Lucie County was ultimately awarded the new facility. The Florida
Department of Veterans' Affairs (FDVA) has commented to the Legislature that the State is still a
few years from accumulation of funds necessary for the 35% mandated state construction
match to qualify for federal consideration to be the next new State Veterans' Nursing Home.
During the last three legislative sessions, commissioners have met with FDVA to keep them
apprised of the County's progress in raising the 35% construction match and acquisition of the
Golden Gate Golf Course property as a potential location for the facility. This past spring, FDVA
made a commitment to visit and evaluate the property once COVID-19 has subsided.
Action: (STATE/FEDERAL) — Using a portion of the temporary one -cent sales tax revenues as a
funding stream for the local construction match, and with the recent acquisition of the Golden
Gate Golf Course property serving as a potential location, staff will continue to work with the
Florida Department of Veterans' Affairs and the U.S. Department of Veterans Affairs on next
steps for securing a State Veterans' Nursing Home for Collier County.
---------------------.__.___-----_-_--------------------------------------_-_-------------------------------
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Strategic Intermodal System long Mange Cost Feasible Plan
Su_,_m_m�: Currently, the 2018 Edition of the Florida Department of Transportation (FDOT)
Strategic lntermodal System Long flange Cost Feasible Plan for FY2029-2045 does not provide
for any construction of capacity improvements for 1-75 or SR 29 in Collier County. The Systems
Implementation Office updates the SIS CFP every 3 to 5 years to adjust the planning horizon
consistent with the long-range planning needs of FDOT and MPOs throughout the state.
Action: (STATE) —Work with FDOT District 1 representatives, applicable adjacent counties and
coalitions, and local legislative delegation members to encourage an FDOT update to the Lang
Range Cost Feasible Plan that incorporates capacity improvements for 1-75 and SR 29 in Collier
County.
Water Quality and Quantity Management
Summary: Local water, wastewater, and stormwater system water quality improvement
projects support the protection of our drinking water supply as well as our natural environment
and fragile ecosystem. Counties/communities under 500,000 in population often have
budgetary constraints that prevent them from covering the total costs for many needed
improvements to aging water, wastewater, and stormwater system infrastructure.
Action. (STATE/FEDERAL) —Support water quality and quantity management programs,
including tiered, population -driven funding opportunities for water and public utility
infrastructure (including fire hydrant systems), funding and incentives for stormwater system
rehabilitation and measurable water quality enhancement, funding for technical and scientific
studies to support water quality improvements, and continued funding of opportunities that
reduce resident cost in moving from well water to potable water systems.
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Goren Gate Senior Center Construction/Expansion
Summary. This project request would provide for the architectural and engineering design for
construction and expansion of the Golden Gate Senior Center to better serve community
seniors. Increased building size would allow for better organization of programs and activities
and would provide much needed meeting rooms and office space to help address client needs.
Future hardening of the Senior Center could provide safe, community sheltering and convenient
access to aid during and after natural disasters and other large-scale emergencies.
Action. (STATE) — Request $250,000 in State appropriations for the design of the Golden Gate
Senior Center Construction/Expansion. (A local match of $250,000 is available for this project.)
Lake Park. Boulevard Capital Improvements and Water Quality Elowway
Summary: This project is the first critical step to master plan a multi -million -dollar series of
infrastructure projects including septic -to -sewer, stormwater system rehabilitation, roadway
improvements, and other site improvements to promote functionality, health, and safety. This
area is adjacent to Rookery Bay National Estuarine Research Reserve, making water quality
improvements a high priority. This area also serves a population that is highly burdened by
housing costs.
Action! (STATE) —Request $250,000 in State appropriations for the Lake Park Boulevard Capital
Improvements and Water Quality Flowway. (A local match of $250,000 is available for this
project.)
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Autonomous Vehicles
Any proposed legislation that would impact local regulation of safety standards for autonomous
vehicles and related technology. (STATE/FEDERAL)
-------------------------------------------------------------------------------------------__-___--_---------
Clerk of the Circuit Court Funding
Any proposed legislation that will provide a sustainable, full funding solution for the Clerk of
the Circuit Courts and provide for execution of their extensive statutory and constitutional
duties. (STATE)
Community Redevelopment Agencies
Any legislation that restricts home rule authority to create, operate, or sunset county CRAs.
Legislation was passed during the 2019 session that implemented limited reforms
and enhanced ethical training and accountability. Onerous provisions such as requiring a
county -wide vote to create a CRA were removed from the bill during consideration. (STATE)
------------------------------------------------------------------------------------------------------------
Economic Development Administration (EDA) Project Funding — Immokalee Airport Cold
Storage/Freight
Monitor resources that can be leveraged to enhance development of this potential economic
engine. (FEDERAL)
---------------------------- -------------------------------------------- .-------------------------------------
FAA Air Traffic Control Privatization
Any introduced legislation in the upcoming 117th Congress that would privatize air traffic control
services to airports. (FEDERAL)
----------------------- ..-------..__--_-_------_-_-_---------..----------------------_--_----------____-------
Fuel Station Generators
Any proposed legislation or regulatory efforts that strengthen the emergency generator
requirement for commercial fuel stations near the interstate and inland multi -pump stations.
(STATE)
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Harmful Algal Blooms
Any proposed legislation, appropriation, or administrative action related to research,
prevention, and mitigation of harmful algal blooms (HABs), including red tide. (STATE/FEDERAL)
---------------------------------------------..___-___--_--_-------------------------------------------------
Hazardous Waste [disposal Funding / Collection Bills
Any proposed legislation that limits collecting appropriate fees for services. (STATE)
--------------------------------------------------...__...._---_-----------------------------------------------
ill"w l . ..
Any proposed legislation that seeks to preempt or undermine local governmental authority,
impose state preemption, creates unfunded mandates, or adversely impacts local funding
streams. (STATE/FEDERAL)
I-75 Interchanges
Funding opportunities to improve all 1-75 interchanges in Collier County, improving traffic flow
and safety for motorists. (STATE/FEDERAL)
Inland ail Drilling & High -Pressure Well Stimulation (Fracking)
Any proposed legislation that changes the status of inland oil drilling and high-pressure well
stimulation. Currently, high-pressure well stimulation remains essentially unregulated and
permissible. (STATE)
Lake Okeechobee and Everglades Restoration
Any proposed legislation or administrative action that impacts water storage, treatment, and
reservoir conveyance; Everglades restoration and preservation via the Comprehensive
Everglades Restoration Plan (CERP), (STATE/FEDERAL)
-------------------------------------------------------------------------------------------------------
Licensing & Permitting
Any proposed legislation or administrative action that impacts county licensing and
permitting and may impact cost and/or time in obtaining. (STATE/FEDERAL)
-----....----__.------------------------------------------------------------------------ .-_____-__-,.__---______
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16.A.19. a
Medical Marijuana Dispensaries
Any proposed legislation that might provide more local discretion in dispensary location.
(STATE)
Mental Health & Substance Abuse
Any proposed legislation, appropriation, grant, or program that could enhance Collier
County's mental health and substance abuse programs, including the expansion of authority of
county court judges to refer defendants for treatment. (STATE/FEDERAL)
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Millage Rates
Any proposed legislation that undermines local government discretion in establishing millage
rates. (STATE)
Offshore Drilling
Any proposed legislation or future Executive action regarding the moratorium on offshore oil
and gas drilling within 125 miles of Florida's Gulf Coast. On September 8, 2020, President Trump
signed an Executive Memorandum effectively extending the moratorium until June 30, 2032,
The Memorandum also expanded protected areas to include the Atlantic coast of Florida, and
the coasts of Georgia and South Carolina. During the 2019 session, the Florida Legislature
passed resolutions calling for an indefinite extension to the moratorium. In September of 2019,
the U.S. House of Representatives passed Congressman Rooney's bipartisan legislation, HR 205,
to permanently extend the moratorium on oil and gas drilling in the Gulf by a vote of 248-180.
With the White House threatening a veto, the Senate did not take up the bill. (FEDERAL)
School Resource Officer / Guardian Program Funding
Any proposed legislation or administrative action regarding funding of the School Resource
Officer (SRO) and/or Guardian Program. (STATE)
Short Term Rentals
Any proposed legislation that preempts or otherwise restricts local laws, ordinances, or
regulation regarding vacation rental frequency or duration. During the 2020 Regular Session,
the House passed its version of the bill and the Senate had nearly completed their deliberations
when Governor DeSantis made comments in the press about the bills °micromanaging" a local
issue. As a result, the Senate bill died in its last committee assignment (Rules). (STATE)
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16.A.19.a
Southwest Florida Promise Zone / Opportunity Zones
Any proposed legislation or initiative that supports the ten-year economic development mission
of the Southwest Florida Promise Zone (SFPZ), originally designated in 2016, or that is helpful in
attracting private capital investments to recently established Opportunity Zones. (FEDERAL)
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Workers Compensation Reform
Any proposed legislation or administrative action that mitigates unfunded liabilities. Reform
bills from 2017 through the 2020 Regular Session failed to advance beyond their respective
committee assignments. (STATE)
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