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Backup Documents 08/22/2023 Item #11D
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CM aaID-3 4. BCC Office Board of County Commissioners 14- Oe f s/ 3/ /z.3 5. Minutes and Records Clerk of Court's Office ll if PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Andrew Miller—GMD—Capital Project Phone Number 239.252.2922 Contact/Department Planning, Impact Fees,and Program Management Agenda Date Item was 08/22/2023 Agenda Item Number 11.D. Approved by the BCC Type of Document Agreement Acceptance — FDEP — 23CO2 — Number of Original 1 Attached Collier County — Hurricane Ian and Nicole Documents Attached Emergency Recovery Project PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature FEB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be FEB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FEB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 08/22/2023 and all changes made during FEB N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the FEB N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 D 1 r STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Collier County-2022 Hurricane Ian and Nicole Emergency Recovery Project 23CO2 2. Parties 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: 2685 South Horseshoe Drive,Naples, FL 34104 FEID: 59-60000558 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution 12/31/2025 4. Project Number: Project Location(s): Collier County (Ifdiferentfr•om Agreement Number) Project Description: The project consists of construction. 5. Total Amount of Funding: _Funding Source?__ Award#s or Line Item Appropriations: 1 Amount per Source(s): O State 0 Federal 152-H22 $5,000,000.00 $5,000,000.00 0 State OFederal 0 Grantee Match Total Amount of Funding+Grantee Match,if ant: $55000,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Anthony Sogluizzo Name: Andrew Miller or successor or successor Address: Beach Management Funding Assistance Address: Collier County 2600 Blair Stone Road,MS#3601 2685 South Horseshoe Drive Tallahassee,Florida 32399 Naples,FL 34104 Phone: 850-245-8626 Phone: 239-252-2922 Email: Anthony.Sogluizzo(a,FloridaDEP.gov Email: Andrew.Millcr(a,colliercountyfl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: CI Attachment I:Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2:Special'terms and Conditions 0 Attachment 3:Grant Work Plan 0 Attachment 4: Public Records Requirements 0 Attachment 5:Special Audit Requirements O Attachment 6:Program-Specific Requirements 0 Attachment 7:Grant Award Terms(Federal)*Copy available et https:I/fact;:.Utlf.c9m,in accordance with§215.985,F.S. 0 Attachment 8:Federal Regulations and Terms(Federal) 0 Additional Attachments(if necessary): 0 Exhibit A:Progress Report Form __.. O Exhibit B:Property Reporting Form - _ _ __ 0 Exhibit C:Payment Request Summary Form 0 Exhibit D:Quality Assurance Requirements 0 Exhibit E:Advance Payment Terms and Interest Earned Memo ____ �_— O Exhibit F:Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 23CO2 Rev.10/25/22 GPO 1[ 1D D Additional Exhibits(if necessary): Il 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 1(a)(1): Federal Award Identification Number(s)(FAIN): SLFRP0125 Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: $5,000,000 Federal Awarding Agency: U.S Departmet of Treasury Award R&D? 0 Yes ON/A 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 Grantee Name By / —1(Anlhorised Signature) Dat/2z/z3 gned Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By 8/28/2023 Secretary or Designee Alex Reed,Director Date Signed Office of Resilience and Coastal Protection Print Name and Title of Person Signing O Additional sipatures attached on separate page. ATTEST CRYSTAL1, K.KINZEL,CLERK reeI ot Attest as to Chai. a 's tt signature ~n!, Approv s to form and legality Assistant County Attorney DEP Agreement No. 23CO2 Rev.10/25/22 CAO 1 1 D ORCP Additional Signatures Digitally signed by Anthony Anthony Sogluizzo Sogluizzo Date:2023.08.25 10:54:02-04'00' DEP Grant Manager Randall Wilson DiDate:gitally2023.0 signed8.25 by 14:57:48 Randall Wi-04ls00on V V ' DEP QC Reviewer Local Sponsor may add additional signatures if needed below. CAD 110 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT I 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1,Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (I)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement;and/or (4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3,Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement;and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However,work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment I IofI2 Rev. 10/3/2022 CAO 1 1 D 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. S. Performance Measures. The Grantee warrants that:(1)the services will be performed by qualified personnel;(2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements.Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process, All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment, In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable,the Department with reduce the invoice by 1%for each day the deadline is missed,unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department.The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10)days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2 of 12 Rev. 10/3/2022 CAC) 11D require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process,Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes,The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement,without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to,the Reference Guide for State Expenditures, which can be accessed at the following web address: Alps://www,mYfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf, 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 Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AANendQrs/default.htm. j. Refund of Payments to the Departments Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government,the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. It'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: Attachment 1 3 of 12 Rev. 10/3/2022 CAO 1 1 D a. Salary/Wakes.Grantee shall list personnel involved,position classification,direct salary rates,and hours spent on the Project in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors), Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour,and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S.,and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services.The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases,and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses,reproduction,or mailing,are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges:cell phone usage;attorney's fees or court costs;civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4 of 12 Rev. 10/3/2022 GAO 1iD Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. I f Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage, In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. Attachment 1 5of12 CAO Rev.10/3/2022 11CO 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 ful fill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedics provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services,If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement arc being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement,including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities,individuals,and furnishing labor or materials,or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6 of 12 Rev. 10/3/2022 Gp,O 1 1 D iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either:(1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience.Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies,strikes, fires, floods, or other similar cause wholly beyond Grantee's control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In casc of any delay Grantee believes is excusable,Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantec first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(I)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation;(2) contract with other sources(without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners,or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii, the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense.The Grantee shall not be liable for any cost,expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment I 7 of 12 Rev.10/3/2022 CAO 11D d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void, 19. Limitation of Liability. The Department's liability for any claim arising from thisAgreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement.Such liability is further limited to a cap of S100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement,at law or in equity.The Department may, in addition to other remedies available to it,at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287,133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on acontract to provide any goods or services to a public entity; may not submit a bid, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S.,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal,or reply on any contract to provide any good or services to a public entity; may not submit a bid,proposal,or reply on any contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. Attachment 1 8 of 12 Rev. 10/3/2022 CAO 1 1 D 23. Compliance with Federal,State and Local Laws. a, The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin,age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein.Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit,in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA). Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials,and supplies that are consumed in,incorporated into,or affixed to an infrastructure project.As such,it does not apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,such as movable chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S.,during the term of any executed agreement between Grantee and the State,Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 27. Record Keeping. Attachment 1 9 of 12 Rev. 10/3/2022 CqO I The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility.Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of:(I)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: )ittp://dos.mnyflorida.com/library-archives/records-manaQemenl/general-records-schedules/). 28. Audits. a. Inspector General, The Grantee understands its duty,pursuant to Section 20.055(5), F.S.,to cooperate with the inspector general in any investigation,audit, inspection,review,or hearing.The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work,or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements, The Grantee shall comply with the applicable provisions contained in Attachment 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment 5,Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR§200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled"Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits).The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commineline of Funds, The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement,Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund,and shall forthwith pay to Department, the amount of Attachment 1 10 of 12 Rev. 10/3/2022 Cq0 1 1 D money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s),Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s)the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions,all services contracted for are to be performed solely by Grantee. b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to mcct the required delivery schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement,including without limitation,the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. Attachment 1 11 of 12 Rev. 10/3/2022 1 1 D If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions are severable to that void provision,and shall remain in full force and effect. 36. Grantee's Employees,Subcontractors and Agents. All Grantee employees,subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees, subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell,assign,or transfer any of its rights,duties,or obligations under the Agreement,or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gills,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution In Counterparts and Authority to Sign. This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the 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 Rev. 10/3/2022 Cq0 1 1 D STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.23CO2 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment I.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Collier County 2022 Hurricane Ian Emergency Recovery Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing,Invoicing will occur as indicated in Attachment 3. c. Advance 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 ❑ 0 Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ 0 a. Fringe Benefits,N/A. ❑ ❑ b. indirect Costs,N/A. • 0 Contractual(Subcontractors) O 0 Travel,in accordance with Section 112,F.S. O O Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements See Attachment 3,Grant Work Plan. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 I of 3 Rev.10/1 I/2022 CAO 11 © 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 arc: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers'Compensation and Employer's Liability Coverage, The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10%of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and,if the Grantee is a non-governmental entity,indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable,Contractor must also fill out and return PUR 1808 before contract execution]If Contractor is a common carrier pursuant to section 908.1 11(1)(a),Florida Statutes,the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier—Before contract execution,the winning Contractor(s) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States Attachment 2 2 of 3 Rev.ion l rzoz2 CAO 1 1 D according to the terms of the federal Immigration and Nationality Act,8 U.S.C.ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR I808 15. Additional Terms. None Attachment 2 3 of 3 Rev.10/I 1/2022 CAO 1 1 D ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE:Collier County—2022 Hurricane Ian and Nicole Emergency Recovery Project PROJECT LOCATION: The Project is located along 34 miles of Gulf of Mexico shoreline in Collier County, Florida. PROJECT BACKGROUND:The Project shoreline sustained beach and dune erosion from Hurricane Ian (category 4 storm in late September 2022) and Hurricane Nicole (category I storm in November 2022). Emergency sand placement due to Hurricane Ian is allowed under the provisions of Florida Governors' Executive Order Numbers 22-218 and 22-219, DEP issued Emergency Final Orders 22-2601,22-2602,as amended. Emergency sand placement due to Hurricane Nicole is allowed under the provisions of Florida Governors' Executive Orders 22-553 and 22-555,DEP issued Emergency Final Orders 22-2815,22-2816, as amended. PROJECT DESCRIPTION: The Project consists of beach and dune restoration to address impacts of Hurricane Ian. Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below.All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item.The monitoring standards may be found at: httm://floridacle')rwv/sites/dcfault/files/PhysicalMonitoringStandards.txlf One (1)electronic copy of all written reports developed under this Agreement shall be forwarded to the Department,unless otherwise specified. Acronyms: DEP—Florida Department of Environmental Protection F.A.C.—Florida Administrative Code F.S.—Florida Statutes FEMA—Federal Emergency Management Agency FWC—Florida Fish and Wildlife Conservation Commission TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. DEP Agreement No.23CO2, Attachment 3, Page 1 of 2 GPO 1 1 D Task 1:Construction Task Description:This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction-phase engineering and monitoring services contracts. Eligible costs may include mobilization,demobilization, construction observation or inspection services,physical and environmental surveys,beach fill, tilling and scarp removal,erosion control structures,mitigation reefs,dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits.The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida-registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost Task# Eligible Project Tasks DEP Local Total 1 Construction $5,000,000.00 $0.00 S5,000,000.00 TOTAL PROJECT COSTS S5,000,000.00 S0.00(S5,000,000.00 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by,the corresponding deliverable due date. Task Task Title Budget Category Budget Task Start Deliverable No. Amount Date Due Date Uon I Construction Contractual Services $5,000,000 Execution 6/30/2025 Total: $5,000,000 DEP Agreement No.23CO2,Attachment 3, Page 2 of 2 CAO 1 1 D STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless of the physical form,characteristics, or means of transmission,made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as defined in section 119.0701(1)(a),F.S.,the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10,F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer,at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department.These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe,or Excel,and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services(a�floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 loft Rev.4/27/2018 CAO 1 1 D 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 CFR Part 200, Subpart F-Audit Requirements,and Section 215.97, F.S.,as revised (see"AUDITS" below),monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425,or other procedures.By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 I. A recipient that expends$750,000 or more in Federal awards i n its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year,the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at httns://sam.Rov/content/assistance-listings. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11B/2022 CAO 11a PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-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 Ito this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection,other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes.This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules o f the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at httos://uoos.fldfs,com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htto://www.lea.state.fl.us/Welcome/index.cfm, State of Florida's website at http://wwiy.mvflorida.com/, Department of Financial Services' Website at httr://www.fldfs.com/and the Auditor General's Website at httn;//www.myflorida.com/audgcn/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that Stale awarding entity's policy(i.e.,the audit is not required by Federal or Slate laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. 1n such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2 of6 DGS-DEP 55-215 revised I1/8/2022 CAO I1ID By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART Il 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: FDEPSineleAuditndeo.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 I 1 I West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(http://flauditor.gov/f provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSin¢leAudit(U)dcb.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512,section 215.97,F.S.,and Chapters 10.550(local governmental entities) or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3 of 6 BGS-DLP 55-215 revised 11/8/2022 C40 1 1 D 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities)and 10.650(non and for-profit organizations),Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five(5)years from the date the audit report is issued, and shall allow the Department of Environmental Protection,or its designee, Chief Financial Officer, or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee, Chief Financial Officer,or Auditor General upon rcquest 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 BGS-DEP 55-215 revised 11/8/2022 040 1 I1 ■ D { C C O O b 0 •- 0 .� F. O h }0, • O E f!f L. .. a u .n :° a°i d 4. aU o QU 0 ti 4 a Q Q b n v co -t c c u o ' ' t o o E o E u a m S ✓ c [ 99 c c-O 7 7 co O k k. 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H -O 4 V i ctl a u o u. ° Cr. a m a 00 a H • 3 (n 0 (n 0 i •, c N j .c °' 3 E= F ° u v) U v a `a � v c c WI ca ,„ 4 = a 4 Q Q o, c c al 8 o C aci .. o n A b v v a m c b U U oo o 0 0 i E < v n ar w \ w u" u. 41 ti O N n' L m ° n ° E 'a '5 a N K kol o 'y ., 'O N -0 0 C ,A 4r 0 GI o u s (j 4 j �c °E� E el u cad aEi aCi oC Si. < -0 Q h m m` 0 (n E on .Ecu E E, m (. E - a vwi E 0 U 4.) :a t a'' oa u Uz Uz ` s °0 Y m t I. o O , < ydy -s.. c eo` h 3Uoa : E � P. a ' : ana � ID al c L. •o C u. u. - , p H ,, Q u o b o a E c o u, , 4y h 0. L. y C. _ ts m c 'o u E o t .� c � °' ter, •�' d d i aa,, E a a. 0 E. o •a .4-C .� u U U y 4° O N u i L Oj T 0 l aui u UNl a) .E N fFa z = IX C u r a < < Crc°, O - - E-o ...: s.: O a=v.. o/l 00 6 w OD on { N O �L. ^ u CL C La '0'D o ti _Q < ° •3b v v v $ t o 0 4� OO 41 ° c 3 3 E v '� s c oc° a 3 'o aii v o o 13 < Q E 0 aJ En u u el cd O 0 to L.L. V. O ., R v " O O O "2 C.g L U U ti h a. Zit V C 61 3 T T o, .0 3 ch, 0 3 (n v) m 14...e .d 4 .n.n u c Q u d -o Et o o E'° 0 0 (S v, l O N o L. \ O N a O0 00 E �' o .� u u m m @ U 0 c g g a ° ° a a = 4 d y O0 0 4 o a, s It o E E ` c ° E E 4 fi ° e, c' n. u o 0 fi L. L. y y d .�. R .�+ A O O d 4 'U q �, .. ,,l 4 M .o L. d D on co o ;; ee d ;: on = y E 'c0 ` ° °° u •u v= ci y e° 0. C.A. it. of O :e G. 0. °? Q °� _ u � L«u. a a a 3 o 'es in o (n o a, O° o n 0 V) V) {{77 [( z. .� `�P. u• L N N .C — 4➢d CAO l IID ATTACHMENT 8 Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF)Agreem ents The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions,where applicable.For purposes of this Grant Agreement between the Department and the Grantee, the term"Recipient"shall mean"Grantee." Further,the Department, as a pass-through entity,also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors,and to comply with the provisions of the award,the SLFRF implementing regulation,including applicable provisions of the OMB Uniform Guidance(2 CFR Part 200),and all associated terms and conditions.Therefore,Grantees must include these requirements in all related subcontracts and/or sub- awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative.Contractual,and Legal Remedies The following provision is required if the Agreement is for more than S 150,000.In addition to any of the remedies described elsewhere in the Agreement,if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules,or regulations,applicable to this Contract,the Non- Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. )raual Opportunity Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity,or national origin.The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race,color,religion,sex,sexual orientation,gender identity,or national origin.Such action shall include,but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship.The Recipient agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Attachment 8 1 of 6 Re, 11/7/2022 C,Kill l I D essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action,including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph(I)and the provisions of paragraphs(I)through(8)in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,1965,so that such provisions will be binding upon each subcontractor or vendor.The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of$100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 6. Clean air Act(42 U.S.C.7401-7671o.),the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387).and EPA Regulations If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15).Violations must be reported to the Attachment 8 2 of 6 R. I r/7/2022 CAO 1 * D Federal Awarding Agency and the Regional Office of the Environmental Protection Agency(EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding$100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension(Executive Orders 12549 and 126891 The Recipient certifies that it is not listed on the govemmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti-Lobbying Amendment(31 U.S.C.1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL,available at: httns://annlv07.grants.gov/apply/forms/san7ple/SFLLL 12 P-V I.2.ndf. i. Grantees who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any federal contract,grant,or any other award covered by 31 U.S.C.§ 1352.Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award.Such disclosures are forwarded from tier to tier,up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunicationsand Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain;extend or renew a contract to procure or obtain;or enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as partof any system.See Section 889 of Public Law 115-232(National Defense Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must,to the greatest extent practical,give preference to the purchase, acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE I. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 el seq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect;or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July I, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). A. This award, related subawards,and related contracts over the simplified acquisition threshold and all Attachment 8 3 of 6 Re..1 I/7/2022 CAO D employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipicnts,their subrecipients,and their contractors awarded contracts over the simplified acquisition threshold related to this award,shall inform their employees in writing, in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. C. The Recipient shall insert this clause, including this paragraph C,in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause,including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Jlotification of Termination(2 CFR 6 200.340) In accordance with 2 CFR§200.340,in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,accessible through System for Award Management(SAM)currently the Federal Awardee Performance and Integrity Information System(FAPIIS).The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995,as amended(2 U.S.C. §1601 et seq.),prohibits any organization described in Section 501(c)(4)of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant)or loan unless such organization warrants that it does not,and will not engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or subgrant),or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Accuisitions Act of 1970 Where applicable,42 U.S.C. §§4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES 1. Assurat?cg$ Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS I. FFATA Grant Recipients awarded a new Federal grant greater than or equal to S30,000 awarded on or after October!, 2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. The FFATA legislation requires that information on federal awards(federal financial assistance and expenditures)be made available to the public via a single,searchable website,which is www.USASDendi4g gnv The Grantee agrees to provide the information necessary,within one(1)month of execution,for the Department to comply with this requirement. Attachment 8 4 of 6 Rev ttn/2022 CAO 1 1 D t 17 DEPARTMENT OF TREASURY-SPECIFIC 1. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race,color,national origin,(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516,29 U.S.C. 794;Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR 28; Age Discrimination Act of 1975,Public Law 94-135,42 U.S.C.6101 et seq.,and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients'compliance with Title VI of the Civil Rights Act of 1964,as applicable,on an annual basis.This information may include a narrative descripting the recipient's compliance with Title VI,along with other questions and assurances. SLFRF-SPECIFIC 1. Period of Performance All funds from SLFRF must be obligated by December 3 I,2024 and expended by December 31,2026. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200,Subpart D.Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. SI.FRFINFRASTRIICTURE PROJECTS For all infrastructure projects,the Grantee shall provide the following project information on a quarterly basis to the Department: i. Projected/actual construction start date(month/year) ii. Projected/actual initiation of operation date(month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER$10 MILLION For infrastructure projects over S 10 million,the following provisions apply: I. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing,as determined by the U.S.Secretary of Labor in accordance with the Davis-Bacon Act, for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed.If the Grantee does not provide such certification,the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub-contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification;and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with the section 8(f)of the National Labor Relations Act(29 U.S.C. 158(1)). If the Grantee does not provide such certification, the Grantee must provide a project workforce continuity plan,detailing: i. I-low the Grantee will ensure the project has ready access to a sufficient supply of Attachment 8 5of6 Rev.II/7/2022 CAO 1 1 D appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. How the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses,injuries,and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market;and v. Whether the project has completed a labor agreement. 3. Other ReoortinQ Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement,with a description of any such agreement,if applicable. SLFRF WATER&SEWER PROJECTS For water and sewer projects,Grantees shall provide the following information to the Department once the project starts,as appliable: i. National Pollutant Discharge Elimination System(NPDES)Permit Number,for projects aligned with the Clean Water State Revolving Fund ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State Revolving Fund Attachment 8 6of6 Rev.11/72022 CAO 11D EXHIBIT A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT—PART III QUARTERLY PROJECT PROGRESS REPORT Name of Project: CO1er •Ml2Mudlrrnan andw.Eawpanry Ramvw,P.O. Local Sponsor: Collier County DEP Agreement Number: 23CO2 Report Year: Report Period(select one): n Q 1: Jan—Mar 31 Q2:Apr—Jun 30 n Q3: Jul—Sep 30 n Q4:Oct—Dec 31 For each task,include the following information: Describe the work performed during the reporting period(including percent of task completed to date), problems encountered,problem resolutions, scheduled updates,and proposed work for the next reporting period.(Use additional pages, if needed). Task l: Task 2: Task 3: Task 4: DEP Agreement No.23CO2,Exhibit A,Page 1 of 2 CAo 1 1 D Completilzo.Status.fa Tasks Construction (Estimated): SLFRF lnfrastructure_Prolects For infrastructure projects,the Grantee shall provide the following project information: Construction start date(month/year): Projected ❑or Actual El Initiation of operation date(month/year): Projected 71 or Actual L.1 Project Location details: Overall Project Completion (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 Date ►►k or DlgNnl Tbneslamp) DEP Agreement No.23CO2,Exhibit A,Page 2 of 2 CAO 1 1 D EXHIBIT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART I—PAYMENT SUMMARY Name of Project: Collier County—2022 Hurricane Ian and Nicole Emergency Recovery Project Local Sponsor: Collier County DEP Agreement Number: 23CO2 Remittance Mailing Address: Billing Number: Billing Type: ❑ Interim Billing ❑Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $ $ $ $ *if applicable Cost Summary: State Funds Obligated Local Funds Obligated Less Advance Pay Less Advance Pay $ $ Less Previous Payment Less Previous Credits $ $ Less Previous Retained Less This Credit $ $ Less This Payment Local Funds Remaining $ $ Less This Retainage State Funds Remaining DEP Agreement No.23CO2, Exhibit C,Page 1 of 5 CAO 11D - u O gq 0. E i m 01 , u n 0 A cA oI 3 _ co C �E. u.o E Au N 1 a«° T.. u �v aYaa L � O Y y R O 0 O u E pe « ri.. U Q W C7 . a A ' .y. Li Y u u O PG O u n ce e E• v V c ga � zr., 8 •a « .0 P, W "4 8 x ..7.7 U a o I z E I Q Z F U-. L O 7 v, H u I tEIIII d o p at W�, U� A w2`O N 3.r�' Q a n - Y - V0. W az z v o i6 5 .- . > ,.,a v u w _ _ u o z A 0 o Ij ; 11z a , o yr OF E., W W co 0 3 a b Q d ZZACL a, 0 0'" W WWw. W goo m8Y E E Y VEg � Wa ,.. rt � E� `$ b H og . a o f u C 75 r ; F 4;:C _a - E' a u c v 0. ❑ w T E A E 4 Q W Q 3 a • = E E o <.a¢ v n. a N A `"' C =`� u u " ate°' Y. .2ou:iGun °' w E� u oy w Q �+ Z ti a u a ._.� a ) ).. A v E u ^"w c °o E 2 o r o U Q e.3 7m_ 4. T�-uo m o f o o c mN o E otaF u y�.r: E O A E;'-', iii �rw a u n o`o�V1 a1°i n m u �-. w Fo ua - V`ntQ "E.o in `O u._ 0 7 -3,u c ,,c E.E N g y z. E F'.o N la u O 4 0$ Eool rA„0.C O O N G la G) E.$ rn a-,ta0_. o YET— E'Y b ex. Y u 9 .°ZU U y p y s R7 E u E U J u 5 e %w Einli0EZ N"m.g to o P. 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AO Q ZW Z1 uu I w° a.: 4� 7 1 I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART III—INVOICE REPORT Name of Project: Collier County—2022 Hurricane Ian and Nicole Emergency Recovery Project Local Sponsor:Collier County DEP Agreement Number:23CO2 Billing Number: _ Invoice Report Period: (Describe progress accomplished during the invoice report period, including statement(s)regarding percent of task completed to date.).NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this invoice billing period: Identify any delays or problems encountered: DEP Agreement No.23CO2, Exhibit C,Page 3 of 5 CAO 1 1 D , ! FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART IV—CERITIFICATION OF DISBURSEMENT REQUEST Name of Project: Collier County—2022 Hurricane Ian and Nicole Emergency Recovery Project Local Sponsor: Collier County DEP Agreement Number:23CO2 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor;that payment from the State Government has not been received;that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Attachment 3,Grant Work Plan. I certify that the purchases noted were used in accomplishing the project;and that invoices,check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 23CO2, Exhibit C,Page 4 of 5 CAO 1 1 D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART V—COMPLETION CERTIFICATION Name of Project:Collier County—2022 Hurricane lan and Nicole Emergency Recovery Project Local Sponsor: Collier County DEP Agreement Number: 23CO2 Task Completion ❑(List Tasks) Agreement Completion ❑ *1 hereby certify that the above mentioned project task(s)has been completed in accordance with the Project Agreement,including any amendments thereto,between the DEPARTMENT and LOCAL SPONSOR,and all funds expended for the project were expended pursuant to this Agreement.All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT, Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60)days after the final federal accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No.23CO2, Exhibit C,Page 5 of 5 GA0 11 .D STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Collier County-2022 Hurricane Ian and Nicole Emergency Recovery Project 23CO2 2. Parties 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: 2685 South Horseshoe Drive, Naples, FL 34104 FEID: 59-60000558 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution 12/31/2025 4. Project Number: Project Location(s): Collier County (Ifdierent from Agreement Number) Project Description: The project consists of construction. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): ❑ State OFederal 152-H22 $5,000,000.00 $5,000,000.00 ❑ State 0 Federal ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $5,000,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Anthony Sogluizzo Name: Andrew Miller or successor or successor Address: Beach Management Funding Assistance Address: Collier County 2600 Blair Stone Road,MS#3601 2685 South Horseshoe Drive Tallahassee,Florida 32399 Naples,FL 34104 Phone: 850-245-8626 Phone: 239-252-2922 Email: Anthony.Sogluizzot FloridaDEP.gov Email: Andrew.Millerrn1colliercountyfl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: D Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements D Attachment 2:Special Terms and Conditions D Attachment 3:Grant Work Plan D Attachment 4:Public Records Requirements D Attachment 5:Special Audit Requirements 0 Attachment 6:Program-Specific Requirements 0 Attachment 7:Grant Award Terms(Federal)*Copy available at htips://facts,tldfs.com,in accordance with§2I5.985,F.S. 0 Attachment 8:Federal Regulations and Terms(Federal) 0 Additional Attachments(if necessary): D Exhibit A:Progress Report Form ❑ Exhibit B:Property Reporting Form D Exhibit C:Payment Request Summary Form ❑ Exhibit D:Quality Assurance Requirements ❑Exhibit E:Advance Payment Terms and Interest Earned Memo ❑Exhibit F:Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 23CO2 Rev. 10/25/22 0,0 1 1 D ❑ Additional Exhibits(if necessary): 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Number(s)(FAIN): SLFRP0125 Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: $5,000,000 Federal Awarding Agency: U.S Departmet of Treasury Award R&D'? 0 Yes CJN/A 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 Grantee Name/ By V22 f 23 (Aulhor ed Signature) Dat Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ID Additional signatures attached on separate page. 1 ... ... "t^.� ATTEST CRYSTAL K.KINZEL,'tLERK wc)1AINtk Attest as tp Vial. a 's �s. signature �rl Approv s to form and legality JOIL41,0A-C Assistant County Attorney DEP Agreement No. 23CO2 Rev. 10/25/22 CAO i1D ORCP Additional Signatures DEP Grant Manager DEP QC Reviewer Local Sponsor may add additional signatures if needed below. Cp0 110 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment I,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1,Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall he considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement;and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3,Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (I)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of'funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement;and/or (4)find transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. c. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. Ilowever, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 Iof12 Rev. 10/3/2022 CAO 1 1 D 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel;(2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(5)its employees,subcontractors,and/or suhgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable,the Department with reduce the invoice by 1%for each day the deadline is missed,unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department, The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department.The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAI'proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10)days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2 of 12 Rev. 10/3/2022 CAO 1 1 D require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will he 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: hops://www.mytioridacfo.com/Division/AA/Manuals/doctunents/ReferenceGu ideforStateExpenditures.pdf. 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 Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates.All interest rates charged under the Agreement shall he calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.mvtloridaefo.com/Division/AA/Vendors/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 subgrantec is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government,the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. if Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3 of 12 Rev. 10/3/2022 CAO 1 1 D a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates,and hours spent on the Project in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs(Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour,and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits,overhead, indirect, and/or general and administrative rates)shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S.,and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services.The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i, For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee.The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses,reproduction,or mailing,are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges:cell phone usage;attorney's fees or court costs;civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the following,as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4 of 12 Rev. 10/3/2022 GAO 1 1 D Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs arc used to meet match requirements,Grantee { agrees that those funds shall not he used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments,on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed • • under this Agreement up to the maximum percentage described in Attachment 2,Special"Perms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed.The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall he paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. I2. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall he the sole responsibility of the Grantee providing such insurance. c. Proofof Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of'written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. Attachment 1 5of12 CPO Rev. 10/3/2022 liD b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. if,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. however,Grantee shall continue work on any portion of the Agreement not terminated. if the Agreement is terminated bcfbre performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.if Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. if Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including,any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory,or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals,and furnishing labor or materials,or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title II of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6 of 12 Rev. 10/3/2022 0,0 1 1 D • iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform i f neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(I)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines, in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which ease Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources(without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents,employees, partners,or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense.The Grantee shall not be liable for any cost,expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that arc governmental entities: Each party hereto agrees that it shall he solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7 of 12 Rev, 10/3/2022 CAO d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall he construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement,at law or in equity.The Department may, in addition to other remedies available to it,at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(c) of the Immigration and Nationality Act. if Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not he awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a hid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a hid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal,or reply on any contract to provide any good or services to a public entity; may not submit a bid,proposal,or reply on any contract with a public entity for the construction or repair of public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors,or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its websitc. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. Attachment 1 8 of 12 Rev. 10/3/2022 CAO 1 1 D 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall he excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein.Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA). Recipients or Subrecipicnts of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States;and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and e. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials,and supplies that are consumed in,incorporated into,or affixed to an infrastructure project.As such,it does not apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,such as movable chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287,135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135,F.S..the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will he expended for the purpose of lobbying the I,egislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S.,during the term of any executed agreement between Grantee and the State,Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 27. Record Keeping. Attachment 1 9 of 12 Rev. 10/3/2022 CAO 1 1 D The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility.Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of:(1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: htlp://dos.mytiorida.com/1 i brary-arch fives/records-managem ent/general-records-schedules/). 28. Audits. a. inspector General. 'l'hc Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation,audit, inspection, review,or hearing.The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work,or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. if Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. 'I'hc Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may he a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR*200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apps.fldfs.com\fsaa. d. Proof of Transactions. in addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can he found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers(overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agcn y must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not he used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. if Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the fords provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of Attachment 1 10of12 Rev. 10/3/2022 C/40 1 1 D money demanded by Department. Interest on any refund shall he calculated based on the prevailing rate used by the State Board of Administration. Interest shall he calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii, In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions,all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,hut is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or e.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not he liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. if Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect,Grantee agrees that it will he a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Scverability. Attachment 1 I1of12 Rev. 10/3/2022 Cq0 1 1 D If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. 36. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request,Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell,assign,or transfer any of its rights,duties,or obligations under the Agreement,or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement,any amendments,and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the 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 Rev. 10/3/2022 CA0 11 © STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.23CO2 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 2022 Hurricane Ian Emergency Recovery Project.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions."There are extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance 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,N/A. ❑ ❑ b. Indirect Costs,N/A. • ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ D Land Acquisition 5. Equipment Purchase. No Equipment purchases shall he funded under this Agreement, 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements See Attachment 3,Grant Work Plan. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 1of3 Rev,10/1I/2022 CAC 1 1 D maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers'Compensation and Employer's Liability Coverage. The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There arc no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10%of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and,if the Grantee is a non-governmental entity,indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable,Contractor must also fill out and return PUR 1808 before contract execution]If-Contractor is a common carrier pursuant to section 908.1 11(1)(a),Florida Statutes,the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier—Before contract execution,the winning Contractor(s) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States Attachment 2 2 of 3 Rev.10/I 1/2022 CAO 1 1 D according to the terms of the federal Immigration and Nationality Act,8 U.S.C.ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. None Attachment 2 3 of 3 Rev. 10/1 1/2022 CAO IT ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE:Collier County—2022 Hurricane Ian and Nicole Emergency Recovery Project PROJECT LOCATION: The Project is located along 34 miles of Gulf of Mexico shoreline in Collier County,Florida. PROJECT BACKGROUND:The Project shoreline sustained beach and dune erosion from Hurricane Ian (category 4 storm in late September 2022) and Hurricane Nicole (category 1 storm in November 2022). Emergency sand placement due to Hurricane Ian is allowed under the provisions of Florida Governors' Executive Order Numbers 22-218 and 22-219, DEP issued Emergency Final Orders 22-2601,22-2602,as amended. Emergency sand placement due to Hurricane Nicole is allowed under the provisions of Florida Governors' Executive Orders 22-553 and 22-555,DEP issued Emergency Final Orders 22-2815,22-2816, as amended. PROJECT DESCRIPTION: The Project consists of beach and dune restoration to address impacts of Hurricane Ian. Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below.All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item.The monitoring standards may be found at: https://tloridadcp.frov/sites/dcfault/ti lcs/Physi cal M onitoringStandards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department,unless otherwise specified. Acronyms: DEP—Florida Department of Environmental Protection P.A.C.—Florida Administrative Code F.S.—Florida Statutes FEMA—Federal Emergency Management Agency FWC—Florida Fish and Wildlife Conservation Commission TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. DEP Agreement No.23CO2, Attachment 3, Page I of 2 Cp0 1 1 D Task 1: Construction Task Description:This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction-phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services,physical and environmental surveys,beach fill,tilling and scarp removal,erosion control structures,mitigation reefs,dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits.The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida-registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Ii Estimated Eligible Project Cost Task# Eligible Project Tasks DEP Local Total 1 Construction $5,000,000.00 $0.00 $5,000,000.00 TOTAL PROJECT COSTS $5,000,000.00 $0.00 S5,000,000.00 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by,the corresponding deliverable due date. Task Task Title Budget Category Budget Task Start Deliverable No. Amount Date Due Date Upon l Construction Contractual Services $5,000,000 Execution 6/30/2025 Total: $5,000,000 DEP Agreement No.23CO2, Attachment 3, Page 2 of 2 CAo I D STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. lithe Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material, regardless of the physical form,characteristics, or means of transmission,made or received by Grantee in conjunction with the Agreement(Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1),P.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as defined in section 119.0701(1)(a), F.S.,the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer,at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department.These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word,Outlook, Adobe,or Excel,and any software formats the contractor is authorized to access. f: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@floridadep.gov floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 I of 1 Rev.4/27/2018 CAO 1 1 D 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 CFR Part 200,Subpart F-Audit Requirements,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425,or other procedures.By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year,the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at httns://sam.gov/content/assistance-listings. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 CA0 I I D PART ii: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69i-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 Ito this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. in determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection,other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. in connection with the audit requirements addressed in Part Ii,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes.This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must he paid from the non-state entity's resources(i.e.,the cost of such an audit must he paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. in addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.legstate.fl.us/Welcome/index.efim, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.tldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART iii: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the Slate awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or Slate laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the fill cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit • Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2 of 6 BGS-DEP 55-215 revised 11/8/2022 ICAO • By Mail: Federal Audit Clearinghouse Bureau of the Census 120I East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: 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: FDEPSingleAudit.0 dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(http://flauditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(a 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 for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3 of 6 BGS-DEP 55-215 revised 11/8/2022 Cq0 11 © 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities)and 10.650(non and for-profit organizations), Rules of the Auditor General,should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five(5)years from the date the audit report is issued, and shall allow the Department of Environmental Protection,or its designee,Chief Financial Officer, or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee,Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. • Attachment 5 • 4 of 6 BGS-DEP 55-215 revised 11/8/2022 S 1 1 D C C o 0 is 4 a N n .1 a w L. a Cj o Q tj o n L d a L. U A 0 CI ea co O U LO . b O d L ° C O C 5 N [ b9 d 0 L.L. w m 4 { 0 0 h Cr, o o 0 o ° a o 0 N U - W is e _ y h N a) ts U [s. d — ., l . .4, b 0 -is0 o H r st, vs� ° a� d °a7 d a, af, Q u., n .0 E .D 4- ,; CS U 0 aZ o U .-, .I UU o •. aG' 4 W H o €q tl, U o 2 a w d T, 0 E. (ra f; `ti y N °' u C) o i c 2' E g' 4es d c ac ° a. o. 'a - o o a�i N N H w 'g . s 0 o L $ 4. o o H ° ., d a� d o orr , El, F. 5 o Q o 4. d - � h U Z cv U Z Ca" 3 °_' 3 ai V) y P. m d 6 i off. fi v y 49 E C I m 'a E • °' H . ^0 tj 4-. y °6' o � a- 4'0 v L. .0 w c s cc) CT a Cr tab al g a.)U'S.. + ,- c. 0 Luo ° d0 d ° a A "aG� 'C ts., 'dis a i 0 ° ix 'o p `i F -is x E P. o H OI. -ti 0 zCC U c UL. H h d � O o 1 ° 6 o ts 4. 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N , ..R C .o ' J w c); G.+ tl ` 'CS al U C..) oR x ', y °y 'a..r d^D F. O en en "g 0 g nu C o3 C , W a. •°' ee T - Ci v •i C L. .0 C cc) [ �3 03 C4 o °c o3 "o g oh oh d d a o o - E a a S C3 d a 00 tl au aA Oh y 03 E a) cl .a) c 'O0 f ads d d ° a v v o00. 00 mo 1 L.o a $ Cd oCD al o Ca — o ° w C.L. co 3•. Y al ep'rs o: a e .. czt el U 0 y Co R d v o ° G y • 3 > CI c y c°'i CA cs vl vl ,o C s ;° o f w° aa m CS k. b en C3 cl O bA Oh O u O u y ..� d c�V J 0[/� N C g N 0 CS = 0 C3 = /' ,> 4 bA a 0 n. E U 0 > o, o d ' Ica. L s `� d a: cEa N Ca o v a e . 6 o o n 4 g 41 6`A.. ^ {� ? ea d ? b`n PO a u a d a�i 0k' C^' k p., 0 n p, A. o q 0., • Y vl vl o o vl o �k 1 CA0 E I IUD ATTACHMENT 8 Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions,where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term"Recipient"shall mean"Grantee." Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to all lower tier subrecipients/contractors,and to comply with the provisions of the award,the SLFRF implementing regulation,including applicable provisions of the OMB Uniform Guidance(2 CFR Part 200),and all associated terms and conditions.Therefore,Grantees must include these requirements in all related subcontracts and/or sub- awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards, the Grantee shall assume the role of the Non-Federal Entity and the subrecipicnts shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies The following provision is required if the Agreement is for more than$150,000.In addition to any of the remedies described elsewhere in the Agreement,if the Recipient materially fails to comply with the terms and conditions of this Contract,including any Federal or State statutes,rules,or regulations,applicable to this Contract,the Non- Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow(that is,deny both use of finds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available, The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience arc addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: A. The Recipient will not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity,or national origin.The Recipient will take affirmative action to ensure that applicants are employed,and that employees arc treated during employment without regard to their race,color,religion,sex,sexual orientation,gender identity,or national origin.Such action shall include,but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff'or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. C. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's Attachment 8 1 of6 Rev.I tl1/2022 CAO t� iD essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. D. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. F. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. Ci. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. H. The Recipient will include the portion of the sentence immediately preceding paragraph(I)and the provisions of paragraphs(I)through(8)in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance. 4. Contract Work Hours and Safety Standards Act Where applicable, if'the Agreement is in excess of$100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which arc unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 6. Clean air Act(42 U.S.C.7401-7671q.).the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387),and EPA Regulations If the Agreement is in excess of$100,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387),and by the EPA(40 CFR Part 15).Violations must be reported to the Attachment 8 2 of'6 Rev.11/7/2022 CAO liD Federal Awarding Agency and the Regional Office of the Environmental Protection Agency(EPA). i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution Act in each subcontract exceeding$100,000 financed in whole or in part with SLFRF funds. 7. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the gove•nmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 8. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, using form SF-LLL,available at: https://apply07.grants.gov/apply/forms/sample/SFLLL 12 P-V I.2.pol'. i. Grantees who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any federal contract,grant,or any other award covered by 31 U.S.C.§ 1352.Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award.Such disclosures are forwarded from tier to tier,up to the recipient. 9. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain;extend or renew a contract to procure or obtain;or enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as partof any system.See Section 889 of Public Law 115-232(National Defense Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471. 11. Domestic Preferences for Procurement The Recipients and subrecipients must,to the greatest extent practical,give preference to the purchase, acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 e1 seq. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement arc subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Recipients,their employees,subrecipients under this award,and subrecipients'employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; B. Procure a commercial sex act during the period of time that the award is in effect;or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipicnt Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14,2016 has been permanently extended(Public Law(P.L.) 114-261). A. This award, related subawards, and related contracts over the simplified acquisition threshold and all Attachment 8 3 of 6 Rev.11/7/2022 CAO 1 1 D employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013(P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award,shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under 41 U.S.C.4712. C. The Recipient shall insert this clause,including this paragraph C,in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause,including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification of Termination(2 CFR§200.340) In accordance with 2 CFR§200.340,in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,accessible through System for Award Management(SAM)currently the Federal Awarder Performance and integrity Information System(FAPIIS).The Non-Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. Additional Lobbying Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995,as amended(2 U.S.C.§1601 et seq.),prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant)or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. 7. Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043,62 FR 19217(Apr. 18,1997),Grantee is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles. 8. Reducini;Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Grantee is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 9. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 Where applicable,42 U.S.C.§§4601-4655 and implementing regulations apply to this Agreement. COMPLIANCE WITH ASSURANCES I. Assurances Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October], 2015,arc subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. The FFATA legislation requires that information on federal awards(federal financial assistance and expenditures)be made available to the public via a single,searchable website,which is www.USASnending.gov. The Grantee agrees to provide the information necessary,within one(1)month of execution,for the Department to comply with this requirement. Attachment 8 4 of 6 Rev.II/7/2022 CAO 1D DEPARTMENT OF TREASURY-SPECIFIC I. Civil Rights Compliance Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate on the basis of race,color,national origin,(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794;Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR 28; Age Discrimination Act of 1975,Public Law 94-135,42 U.S.C.6101 et seq.,and the Department of Treasury implementing regulations at 31 CFR part 23. The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964,as applicable,on an annual basis.This information may include a narrative descripting the recipient's compliance with Title VI,along with other questions and assurances. SLFRF-SPECIFIC • 1. Period of Performance • All funds from SLFRF must be obligated by December 31,2024 and expended by December 31,2026. 2. Equipment and Real Property Management Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non-Federal entity.Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. • SLFRF INFRASTRUCTURE PROJECTS For all infrastructure projects,the Grantee shall provide the following project information on a quarterly basis to the Department: • • i. Projected/actual construction start date(month/year) ii. Projected/actual initiation of operation date(month/year) iii. Location details SLFRF INFRASTRUCTURE PROJECTS OVER$10 MILLION For infrastructure projects over$10 million,the following provisions apply: I. Wage Certification Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance of such project are paid wages at the rates not less than those prevailing,as determined by the U.S.Secretary of Labor in accordance with the Davis-Bacon Act,for the corresponding classes of laborers and mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in which the work is to be performed.If the Grantee does not provide such certification,the Grantee must provide a project employment and local impact report detailing: i. The number of employees of contractors and sub-contractors working on the project; ii. The number of employees on the project hired directly and hired through a third party; iii. The wages and benefits of workers on the project by classification;and iv. Whether those wages are at rates less than those prevailing. Grantee must maintain sufficient records to substantiate this information upon request. 2. Project Labor Agreements Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with the section 8(f)of the National Labor Relations Act(29 U.S.C. 1580)). If the Grantee does not provide such certification, the Grantee must provide a project workforce continuity plan,detailing: i. flow the Grantee will ensure the project has ready access to a sufficient supply of Attachment 8 5 of Rev.11/7/2022 CAO 1 1 D • appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; ii. flow the Grantee will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; iii. Ilow the Grantee will provide a safe and healthy workplace that avoids delays and costs associatedwith workplace illnesses,injuries,and fatalities; iv. Whether workers on the project will receive wages and benefits that will secure and appropriately skilled workforce in the context of the local or regional labor market;and v. Whether the project has completed a labor agreement. 3. Other Reporting Requirements Grantees must report whether the project prioritizes local hires and whether the project has Community Benefit Agreement,with a description of any such agreement,if applicable. SURF WATER&SEWER PROJECTS For water and sewer projects,Grantees shall provide the following information to the Department once the project starts,as appliable: i. National Pollutant Discharge Elimination System(NPDES)Permit Number, for projects aligned with the Clean Water State Revolving Fund ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State Revolving Fund Attachment 8 6 of 6 Rev.I1/7/2022 CAO 1 1 D EXHIBIT A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION I3EACII MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT—PART III QUARTERLY PROJECT PROGRESS REPORT Name of Project: Coder County-2022 Ronicane Inn and N;:aie Emergency Recovery Project Local Sponsor: Collier County DEP Agreement Number: 23CO2 Report Year: Report Period(select one): Q I:Jan—Mar 31 Q2: Apr—Jun 30 Q3:Jul—Sep 30 Q4:Oct—Dec 31 For each task,include the following information: Describe the work performed during the reporting period(including percent of task completed to date),problems encountered, problem resolutions, scheduled updates,and proposed work for the next reporting period.(Use additional pages, if needed). Task 1: Task 2: Task 3: Task 4: DEP Agreement No.23CO2,Exhibit A,Page 1 of 2 CAO 11D Completion Status for Taslts Construction (Estimated): % SI,FRF Infrastructure Projects For infrastructure projects,the Grantee shall provide the following project information: Construction start date(month/year): Projected -1 or Actual Fl Initiation of operation date(month/year): Projected 71 or Actual 11 Project Location details: Overall Project Completion (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 Date ilk or Digital Timestanrp) DEP Agreement No.23CO2,Exhibit A,Page 2 of 2 CAO 1 1 D EXHIBIT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART I—PAYMENT SUMMARY Name of Project: Collier County—2022 Hurricane Ian and Nicole Emergency Recovery Project Local Sponsor: Collier County DEP Agreement Number: 23CO2 Remittance Mailing Address: Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $ $ $_ $ *if applicable Cost Summary: State Funds Obligated Local Funds Obligated $ $ Less Advance Pay Less Advance Pay $ $ Less Previous Payment Less Previous Credits $ $ Less Previous Retained Less This Credit $ $ Less This Payment Local Funds Remaining $ $ Less This Retainage State Funds Remaining $ DEP Agreement No. 23CO2, Exhibit C,Page I of 5 CAO 1 1 D A. � � , 0 A G M O S'i v 3a , ,„v + To 2 O ni N Y3 o O u to t a4 w w z y � s O . 5Aa E-' � u E o W C7 ° ..: w F O ,�. 1t. 7 E pi O Cz oy 7 zAtoe K aa E P.goo _ o x u 3 N 271 r.� y [ 0 p Z E d ...I d Z E-+ E W 40 7 y N C T li Z Ed-+ rFy" A .. T °-p E� :° o a'�I W v] Z. N ►1, WtoWd E..r m N A E Hi W E.. a. •O Op C 4FG'. rip z `C k.. [' m a~�i c r � ' W p $ 6 g c� aw a E 4Ara. kv yO 0,0 O — O 7 .W Z W A 5 > A a. V - E C _ a' y Ts �N71 F �! 1 Q' zwW co S 3 v o wog . �� W I oBq o .8.14 E E x _v o W r►�.' Ri e E N t2o ;; o . F Fy 0 T„ �r Q 0 G H .N C .� V g Y._ u? C N pp G CU E d _ 7 b b d y "Y w 6� a Ems¢ WW . 0.k b Vic ° �p? E of a - E o d•a'¢ a cc..° d ,d = z N u NI C1 V y G0 d -. � E ` oyoAV E I .a t N ` G c oE opNy N77 O W Gg.. N _• C ,.8C m N` y kr) 4 CR 1"ofto .@,t� F a m0)`" N N 0'N t., °" IS uvw¢ y-0w 'k2 g 044 Fo • .aL N , E ,, o -. ls,lz ON' c .. 'v O O > ..' 0 ON 00.otoE L a G y'.']u..r.o G ::a m E d m, C . u c••@ `0 oas.u.n o a'' ,,, LL ✓ E to' E v .a " t2 E w R^ N E b0 N N O t, rtrtffZ.; C N N vv11 ,l UZ v Naw y.D ,,G_` N,f, ,. 5 C W . U 3 .,4t t'v o ar r pA a n IFS o O o p u .. = kx A .0 '0 +0I C .c O 4.. = . E E r ? N N v y N O y y# O O U 0¢ 'U. 'T Q ..O.Y VJ E E -.coHo °‹.c o' c «: E. c, c N t�j a o aD' �ztoa u o L I V y a~' �Ol o w aC'— > m a'Lcl T N N R ap M N A I-4 -, N yy H.-w N N P.- g W y 4 C ' . i.; .o E O a s .. '�ur s�-. o' to o N p • c# 7 o.c aoiv' N to v 9 c`,F v z E 2 $ a3 o cn - v ° N o c .... o E o E o `Z ; L: .z.. A ou.. E- u a 0 u utuit'ci' ^ .ap o y N o y ^N by C U 6 W N G a°' .. A p 'v E .., o x'o'a�fy b = N 4 cr 2 ,E id o 0 • a ro O N to >' N o fs o a' 3 c o 0 aiw a yz F VmaH4wo .. e tnatG3v't t) A O bA !DO o.-:ri t�a,n a' Q 5 C ^ rk th V Vl'0 n CO N RI 4 w AO Q2C4W 8* w a* a 1 1 D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART III—INVOICE REPORT Name of Project: Collier County—2022 Hurricane Ian and Nicole Emergency Recovery Project Local Sponsor: Collier County DEP Agreement Number: 23CO2 Billing Number: Invoice Report Period: (Describe progress accomplished during the invoice report period, including statement(s)regarding percent of task completed to date.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this invoice billing period: Identify any delays or problems encountered: DEP Agreement No.23CO2, Exhibit C,Page 3 of 5 CAO 1 1 D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART IV—CERITIFICATION OF DISBURSEMENT REQUEST Name of Project: Collier County—2022 Hurricane Ian and Nicole Emergency Recovery Project Local Sponsor: Collier County DEP Agreement Number:23CO2 Billing Number: Certification:I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor;that payment from the State Government has not been received;that the work and/or services are in accordance with the Department of Environmental Protection,Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page l of this form is for allowable costs for the project described in the Attachment 3,Grant Work Plan. I certify that the purchases noted were used in accomplishing the project;and that invoices,check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No.23CO2,Exhibit C, Page 4 of 5 CAO 1 1 D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART V—COMPLETION CERTIFICATION Name of Project: Collier County—2022 Hurricane Ian and Nicole Emergency Recovery Project Local Sponsor: Collier County DEP Agreement Number: 23CO2 Task Completion ❑(List Tasks) Agreement Completion ❑ *I hereby certify that the above mentioned project task(s)has been completed in accordance with the Project Agreement,including any amendments thereto,between the DEPARTMENT and LOCAL SPONSOR,and all funds expended for the project were expended pursuant to this Agreement.All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the final federal accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No.23CO2, Exhibit C,Page 5 of 5 CA. 1 1 D °a�°►°��A•�M�h' Florida Department of Environmental Protection Federal Funding Accountability and Transparency Act Form-Subaward to a Recipient °N44NTAL y* `4 Submit completed form to:Contracts Adm@FloridaDEP.gov Purpose:The Federal Funding Accountability and Transparency Act (FFATA)was signed on September 26,2006.The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision.The FFATA legislation requires information on federal awards(federal assistance and expenditures) be made available to the public via a single,searchable website,which is http://www.usaspending.gov/. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Department of Environmental Protection ("DEP") must use to capture and report subaward and executive compensation data regarding first-tier subawards that obligate$30,000 or more in Federal funds(excluding Recovery funds as defined in section 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). [Note:This reporting requirement is not applicable for the procurement of property and services obtained by the DEP through a Vendor relationship.Refer to 2 CFR Ch. 1 Part 170 Appendix A,Section I.c.3 for the definition of "subaward".] Organization and Project Information:As of October 1,2015,the following information must be provided to the DEP prior to the DEP's issuance of a subaward (Agreement)that obligates$30,000 or more in federal funds as described above. Please provide the following information and return the signed form to DEP as requested. If you have any questions, please contact the DEP's Bureau of General Services, Contracts Team at Contracts_Adm@FloridaDEP.gov or at telephone number 850/245-2361 for assistance. UEI: JWKJKYRPLLU6 (UEI must be twelve(12)characters not including dashes)* Federal Award ID Number(FAIN#): SLFRP0125 Catalog of Federal Domestic Assistance(CFDA)#: 21.027 DEP Assigned Grant Agreement#: 23CO2 Dollar Amount of Grant Disbursement: $5,000,000.00 * If your company or organization does not have a UEI number,you will need to refer to the Sam.gov website at https://sam.gov/content/ home to register your entity to request a Unique Entity ID. Business Name: Collier County DBA Name(If applicahlp)• Principal Place of Business Address: Address Line 1: 3299 Tamiami Trail E Address Line 2: Ste 700 Address Line 3: City: Naples State: FL Zip+4: 3411 7-5749 DEP 55-230 CAO Rev.03-14-2022 Page 1 of 4 a M.ti^ Florida Department of Environmental Protection Federal Funding Accountability and Transparency Act Form-Subaward to a Recipient *OM*INTAI PS°`` Description of Project(up to 4000 characters): Re-planting of approximately 14 miles of recently constructed emergency berm along Collier County beaches with plant species native to southwest Florida dune systems. The intent of the project is to stabilize the newly constructed berm which was built to replace the dunes destroyed by Hurricane Ian in September of 2022. CAO DEP 55-230 Rev.03-14-2022 Page 2 of 4 1 1 D of ����•>"'�tr Florida Department of Environmental Protection Federal Funding Accountability and Transparency Act Form-Subaward to a Recipient 0 'ONMINTAt 9*G`4 Principal Place of Project Performance(If different than principal place of business) Address Line 1: Barefoot Beach from FDEP monument R-1 to R-9 Address Line 2: Vanderbilt and Pelican Bay beaches from R-17 to R-36 Address Line 3: Park Shore and Naples beaches from R44 to R-89,and Marco Island beach from R-143 to R-148 City: NaplPc State: FL Zip+4: 34104 Congressional District for Principal Place of Project Performance: 19 (Providing the Zip+4 ensures that the correct Congressional District is reported.) Executive Compensation Information: 1. In your business or organization's previous fiscal year,did your business or organization (including parent organization,all branches,and all affiliates worldwide)receive(a)80 percent or more of your YES NO annual gross revenues from Federal procurement contracts (and subcontracts)and Federal financial OC assistance(e.g. loans,grants, subgrants, and/or cooperative agreements,etc.)subject to the Transparency Act,as defined at 2 CFR 170.320; and,(b)$30,000,000 or more in annual gross revenues from U.S. Federal procurement contracts(and subcontracts)and Federal financial assistance (e.g. loans, grants,subgrants,and/or cooperative agreements, etc.)subject to the Transparency Act? If the answer to Question 1 is"Yes,"continue to Question 2. If the answer to Question 1 is"No",move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business YES NO or organization (including parent organization, all branches, and all affiliates worldwide)through periodic OO reports filed under section 13(a) or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78 m (a),78 o(d)),or Section 6104 of the Internal Revenue Code of 1986? If the answer to Question 2 is"Yes,"move to the signature block below to complete the certification and submittal process. [Note:Securities Exchange Commission information should be accessible at http://www.sec.Rov/answers/execomp.htm. Requests for Internal Revenue Service(IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is"NO" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"appearing below to report the"Total Compensation"for the five(5) most highly compensated"Executives",in rank order, in your organization. For purposes of this request,the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as"officers, managing partners,or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: • Salary and bonus. • Awards of stock,stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123(Revised 2004) (FAS 123R),Shared Based Payments. • Earnings for services under non-equity incentive plans.This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees. DEP 55-230 CAr Rev.04-01-2022 Page 3 of 4 1 1 D ,,.A•TM.M, Florida Department of Environmental Protection Federal Funding Accountability and Transparency Act Form-Subaward to a Recipient e` Al, 2 • Change in pension value.This is the change in present value of defined benefit and actuarial pension plans. • Above-market earnings on deferred compensation which is not tax-qualified. • Other compensation, if the aggregate value of all such other compensation (e.g.severance,termination payments,value of life insurance paid on behalf of the employee,perquisites or property)for the executive exceeds$10,000. Total Compensation Chart for Most Recently Completed Fiscal Year Date of Fiscal Year Completion (mm/dd/yyyy) The undersigned as (enter position title) of(enter Business Name) Collier County Certifies that on the date written below,the information provided herein is accurate. Type or Print Name: Title: Signature: Date: Total Rank Compensation for (Highest Most Recently to Completed Fiscal Lowest) Last Name First Name MI Title Year The undersigned as(enter position title) Chairman Of(enter Business Name) Collier County Certifies that on the date written below,the information provided herein is accurate. Rick LoCastro Chairman Print Ffre Title ,:; r� • Signature ;}: A Tr. to form and l i ATT _ / 1)1 EST DEP 55-230 :+>r•`4 ,KINZEL,CLERK Rev.03-14-2022 Assistant County At orney Page Of'AO Attest��' l. .._..r►,►` signature only 1 1 D SLFRF Reporting Requirements 1. Provide a brief narrative as to how the Grantee will comply with Title VI of the Civil Rights Act of 1964. The Transportation Management Services Department(TMSD) operates in compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) of 1990, and other federal and state authorities and ensures that services are made available and equitably distributed,and provides equal access to any person without regard to race, color, national origin, disability, gender age, religion, or family status. TMSD is committed to ensuring that no person is excluded from participation in, or denied the benefits of its services. See attached policy. 2. What is the Median Household Income of service area? $100,700.00 3. What is the Lowest Quintile Income of the service area? $21,000.00 4. No additional reporting requirements. Rick LoCastro Collier County Printed Name of Authorized Representative Grantee Name Chairman Signature of Authorized Representative Title Collier County Dune Restoration Planting Project Nameti •• ?�� pp a to form an egal�ity/ ATTEST -�1 •Q' YL�1 CRYSTAL K;KINZEL,CLERK Assi sent County ttorney CAO t Y: `�:�7�- Ora Attest as'f6Ohair• an ��� signatureorlly 1 1 'D Collier County Transportation Management Services Department Title VI / Nondiscrimination Policy and Plan I 1. Title VI Protection Policy Statement: Collier County values diversity and welcomes input from all interested parties, regardless of cultural identity, background, or income level. Moreover, Collier County believes that the best programs and services result from careful consideration of the needs of all of its communities and when those communities are involved in the transportation decision making process. Thus, Collier County does not tolerate discrimination in any of its programs, service, or activities. Pursuant to Title VI of the Civil Rights Act of 1964 and other federal and state authorities,Collier County will not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, pregnancy, age, disability, religion, income,or family status. Complaint Procedures: The Collier County Transportation Management Services Department (TMSD) has established a discrimination complaint procedure and will take prompt and reasonable action to investigate and eliminate discrimination when found. Any person who believes that he or she has been subjected to discrimination based upon race, color, national origin, sex, pregnancy, age, disability,religion, income,or family status in any of TMSD's programs,services or activities may file a complaint with the TMSD Title VI/Nondiscrimination Coordinator. Complaints should be submitted to: Gloria Herrera Title VI/Nondiscrimination Coordinator Collier County Growth Management Department 2885 Horseshoe Drive South Naples,FL 34104 Email:Gloria.Herrera@colliercountyfl.gov Phone:239-252-5856 If possible, the complaint should be submitted in writing and contain the identity of the complainant, the basis for the allegations (i.e., race, color, national origin, sex, pregnancy, religion,age, disability,family,or income status); and a description of the alleged discrimination with the date of occurrence. If the complaint cannot be submitted in writing, the complainant should contact the Title VI/Nondiscrimination Coordinator for assistance. The Title VI/Nondiscrimination Coordinator will respond to the complaint within thirty (30) calendar days and will take reasonable steps to resolve the matter. Should Collier County be unable to satisfactorily resolve a complaint, Collier County will forward the complaint, along with a record of its disposition to the appropriate District Office of the Florida Department of Transportation(FOOT). The Collier County Title VI Coordinator has direct access to the TMSD Administrator and is not required to obtain management or other approval to discuss discrimination issues with this 1 j 1 1 D official. When necessary, the TMSD Administrator will use the services of the County Manager and County Attorney. If the complainant is unable or unwilling to file the complaint with Collier County, a written complaint may be submitted directly to the Florida Department of Transportation (FDOT). FDOT serves as a statewide clearinghouse for Title VI purposes and will either assume Jurisdiction over the complaint or forward it to the appropriate federal or state authority for continued processing: Florida Department of Transportation Equal Opportunity Office ATTN:Title VI Complaint Processing 605 Suwannee Street MS 65 Tallahassee, FL 32399 ADA/504 Statements: Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against those who have disabilities. Furthermore, these laws require federal aid recipients and other government entities to take affirmative steps to reasonably accommodate those with disabilities and ensure that their needs are equitably represented in transportation programs,services,and activities. The Collier County Transportation Management Services Department (TMSD) will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The TMSD will make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by communities with disabilities and disability service groups. The TMSD encourages the public to report any facility, program, service,or activity that appears inaccessible to those that are disabled. Furthermore,TMSD is committed to provide reasonable accommodations to individuals with disabilities who wish to participate in public involvement events or who require special assistance to access facilities, programs, services, or activities. Because providing reasonable accommodation may require outside assistance and/ or organizational resources, the TMSD asks that requests be made at least seven (7) calendar days prior to the need for the accommodation. Questions, concerns, comments, or requests for accommodation should be made to the Collier County Growth Management Division ADA Coordinator: Gloria Herrera Title VI/Nondiscrimination Coordinator Collier County Growth Management Department 2885 Horseshoe Drive South Naples,FL 34104 Email:Gloria.Herrera@colliercountyfl.gov Phone:239-252-5856 Fax:239-252-6617 Hearing Impaired:Florida Relay Service(FRS)by dialing 711 or 1-800-955-8771(TTY) 2 C%�O 1 1 D II. Limited English Proficiency(LEP)Guidance Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the U.S. Department of Justice (USD01) and US Department of Transportation (USDOT) require federal aid recipients to take reasonable steps to ensure meaningful access to programs, services,and activities by those that do not speak proficient English. To determine the extent to which Limited English Proficiency (LEP) services are required and in what languages, the law requires the analysis of four factors: • The number or proportion of LEP persons eligible to be served or likely to be encountered by TMSD programs, services or activities; • The frequency with which LEP Individuals encounter these programs, services or activities; • The nature and importance of the program,service,or activity to people's lives; and • The resources available to TMSD and the likely costs of the LEP services. Factor 1: Review of LEP Populations Understanding the needs of the community begins with identifying the number of Limited English Proficiency (LEP) persons eligible to be served, likely to be served or likely to be encountered by the County through its programs, services, or activities, In an effort to determine potential LEP needs for Collier County,staff reviewed data available through the U.S. Census Bureau American Community Survey for the period of 2017 through 2021. Using census data,Collier County has determined that LEP individuals speaking English less than "very well" represent approximately 13,3% of the community. Further analysis shows that 77.4%of the same population speaks Spanish; 18,5% speaks an Indo-European language;3.7% speaks an Asian or Pacific Islander language; and 0.3%speaks another language (see Table 1). Given the information shown on the below table, Collier County has a relatively small service population of LEP speakers in the Indo-Euro,Asian and Pacific Islander Languages. Table 1:The Top Languages Spoken at Home in Collier County Population No.of LEP %Of LEP %Of LEP %Of LEP %Of LEP %Of LEP 5 years and Persons Persons Persons Persons Persons Persons older (speak English who speak who speak who speak who speak less than)very well") Spanish Indo-Euro Asian or Other Languages Pacific Languages Islander Languages 356,784 47,282 13.3% 77.4% 18.5% 3.7% 0.3% Source:US Census Bureau's 2017-2021 American Community Survey The TMSD realizes that such statistical data can become outdated or inaccurate.Therefore,the TMSD contacted the local School Board,Collier Area Transit and MPO to validate the proportion of LEP served by those entitles.Spanish was reported to be the prevalent LEP language. 3 1 1 D Factor 2: Assessing Frequency of Contact with LEP Persons The results of the census data indicate that Spanish is the most prevalent language spoken by the LEP population in Collier County. To date, the TMSD has not received any requests for translation or interpretation of its programs, services, or activities into any other language. In addition,TMSD has a Spanish translator available at most Public Information Meetings, although translation services have been utilized less than 10%of the time. Factor 3: Assessing the Importance of County Programs All of Collier County programs are important; however, those related to safety, public transit, right-of-way, the environment, nondiscrimination, and public involvement are among the most important. The County must ensure that all segments of the population, including LEP persons, have been involved or have had the opportunity to be involved in the planning processes to be consistent with its nondiscrimination goals. Factor 4: Determining Available Resources Collier County is fortunate to employ bi-lingual individuals that can interpret and/or provide translation services; and to house within its jurisdiction a number of institutions of higher education that have extensive language services. Further, Collier County maintains cordial relationships with faith-based and community organizations that offer competent language services at no cost to the county. The county will continually evaluate its programs, services, and activities to ensure that persons who may be LEP are always provided with meaningful access. The analyses of these factors suggest that LEP services are not required at this time. Therefore, Collier County Transportation Management Services Department has committed to the following. It will: • Maintain a list of employees who competently speak Spanish and other languages and who are willing to provide translation and/or interpretation services. • Distribute this list to staff that regularly have contact with the public. • Provide notification in Spanish of the availability of LEP assistance in public meeting notices and on public involvement event signage. The TMSD understands that Its community characteristics change and that the four factor analysis may reveal the need for more or varied LEP services in the future.As such,it will at least triennially examine its LEP plan to ensure that it remains reflective of the community's needs. Public Notices: ENGLISH-Persons requiring special language services should contact the Agency's Title VI/Nondiscrimination Coordinator. SPANISH-Las personas que requieran servicios de traduccion, deben comunicarse con el Coordinador de No Discriminacion de la Agencia. CREOLE-Moun ki bezwen sevis langaj espesyal to dwe kontakte Koi donate Kont La Diskriminasyon. 4 C,C) lID III. Public Involvement In order to plan for efficient, effective, safe, equitable and reliable transportation systems, TMSD must have the input of its public. The County utilizes extensive staff and financial resources in furtherance of this goal and strongly encourages the participation of the entire community. The TMSD hosts an informative website that advises the public how it can access information and provide input. The TMSD also holds a number of transportation meetings, workshops and other events designed to gather public input on project planning and construction. Further,TMSD staff attend and participate in other community events to promote its services to the public. Finally, the TMSD is constantly seeking ways of measuring the effectiveness of its public involvement. Persons wishing to request special presentations by the Agency;volunteer in any of its activities; offer suggestions for improvement;or to simply learn more about Agency programs and services should visit:https:/Jwww.colliercountyfl.gov/government[growth-management Or contact: Gloria Herrera Connie Deane Title VI/Nondiscrimination Coordinator Public Information Coordinator Collier County Growth Management Dept. Collier County Growth Management Dept. 2885 Horseshoe Drive South 2885 Horseshoe Drive South Naples, FL 34104 Naples, FL 34104 Email:Gloria.Herrera@colliercountyfl.gov Email:connie.deane@colllercountyfl.gov Phone:239-252-5856 Phone:239-252-8365 Fax:239-252-6617 Fax:239-252-2726 (English/Espanol) (English) Hearing Impaired:Florida Relay Service(FRS)by dialing 711 or 1-800-955-8771 (TTY) IV. Data Collection Federal Highway Administration regulations require federal-aid recipients to collect racial, ethnic, and other similar demographic data on beneficiaries of or those affected by transportation programs, services, and activities. Collier County accomplishes this through the use of census data, American Community Survey reports, Environmental Screening Tools{EST), driver and ridership surveys, its community development department, and other methods. From time to time the county may find it necessary to request voluntary identification of certain racial, ethnic, or other data from those who participate in Agency programs, services, or activities. This information assists the county with improving service equity and ensuring effective outreach. Self identification of personal data to the county will always be voluntary and anonymous. Moreover, the county will not release or otherwise use this data in any manner inconsistent with the federal guidelines. 5 q5 1 D V, Nondiscrimination Assurances Every three(3)years, or commensurate with a change in TMSD executive leadership, the TMSD Administrator must certify to Federal Highway Administration (FHWA) and Florida Department of Transportation (FDOT) that its programs, services, and activities are being conducted in a nondiscriminatory manner. These certifications are termed "assurances," which serve two important purposes. First, they document TMSD's commitment to nondiscrimination and equitable service to its community. Second, they serve as a legally enforceable agreement by which the TMSD may be held Ilable for breach. Those wishing to view the Agency's Nondiscrimination Assurance may do so by visiting the Collier County Transportation Management Services Department website or administrative offices. 6 C�Pt�