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Backup Documents 08/27/2024 Item #16B 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 B4. 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. Coastal Zone Management 3. County Attorney Office County Attorney Office & < 1/29- 4. BCC Office Board of County Commissioners • PA 116 5. Minutes and Records Clerk of Court's Office 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—TMSD—Capital Project Phone Number 239.252.2922 Contact/ Department Planning, Impact Fees and Program Management Agenda Date Item was 08/27/2024 Agenda Item Number 16.B.4 Approved by the BCC Type of Document 21 CO1—Amendment#2 Number of Original 1 Attached Documents Attached 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 AAM 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 AAM 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 AAM 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 AAM 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 12/12/2023 and all changes made during AAM N/A is not the meeting have been incorporated in the attached document. The County an option 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 AAM N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option„fsig 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 16B 4 AMENDMENT NO. 2 TO AGREEMENT NO. 21COI BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ANI) COLLIER COUNTY This Amendment to Agreement No. 2I CO I,as previously amended.(Agreement) is made by and between the Department of Environmental Protection(Department).an agency of the State of Florida,and Collier County,2685 South Horseshoe Drive, Unit 103,Naples. Florida 34104(Grantee),on the date last signed below. WHEREAS.the Department entered into the Agreement with the Grantee for Collier County Beach Nourishment effective March 3.202 1: WI IFREAS,the Grantee requested that unencumbered funds from Agreement No. 20001.Collier County Beach Nourishment, funded by the fiscal year 2019/2020 legislative appropriation to the Reach Management Funding Assistance Program (Land Acquisition'Trust Fund,(AA Line item #1695 and General Revenue.(IAA Line Item#1695), in the amount of$1.063,876.61 be included in Agreement No. 2 1 CO I: and WHEREAS,the parties wish to amend the Agreement as set forth herein. NOW TI IFREFORE,the parties agree as follows: I) The total amount of funding of the Agreement is increased by$1,063.876.61 to$7.1 25,699.61. 2) Attachment I,Standard Terrns and Conditions, is hereby deleted in its entirety and replaced with Attachment I-A, Revised Standard Terms and Conditions,as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment I shall hereinafter refer to Attachment I-A. Revised Standard Terms and Conditions. 3) Attachment 2-A,Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-B, Second Revised Special Terms and Conditions,as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2-A shall hereinafter refer to Attachment 2-B,Second Revised Special Terms and Conditions. 4) Attachment 3-A,Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-B. Second Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-A shall hereinafter refer to Attachment 3-B, Second Revised Grant Work Plan. 5) Attachment 4, Public Records Requirements, is hereby deleted in its entirety and replaced with Attachment 4-A, Revised Public Records Requirements, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 4 shall hereinafter refer to Attachment 4-A, Revised Public Records Requirements. 6) Attachment 5,Special Audit Requirements, Exhibit l-A is hereby deleted in its entirety and replaced with Attachment 5, Special Audit Requirements, Exhibit 1-B as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5.Special Audit Requirements,Exhibit I-A shall hereinafter refer to Attachment 5,Special Audit Requirements, Exhibit 1-B. 7) All other terms and conditions of the Agreement remain in effect, If and to the extent that any inconsistencies may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. SIGNATURES ON FOLLOWING t'A(iL- Agreement No. 21C01 Amendment No.:2 I oft Rev 7+18/2023 1 46 .13 4 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Collier County Florida Department of Environmental Protection By: By: ,�c,,; �,iL L Title: hris Hall, Chairman Secretary or Designee Alex Reed. Director Office of Resilience and Coastal Protection Date: 8/27/241 Date: 9/9/2024 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Tyne Letter/Number Description Attachment I-A Revised Standard Terms and Conditions(13 pages) Attachment 2-B Second Revised Special Terms and Conditions(3 pages) Attachment 3-B Second Revised Grant Work Plan(6 pages) Attachment 4-A Revised Public Records Requirements(1 page) Attachment 5,Exhibit 1-B Special Audit Requirements(3 pages) •REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- A proved as to form an legality Assistant Count tto rneY ATTEST CRYS`I' L K tl3RK BY: Attes as b aI • signature only 11 Agreement No.:21C Amendment No.:2 2 of 2 Rev.7/18/2023 CAO 16B 4 ORCP Additional Signatures Cali Burkett Digitally signed by Cali Burkett Date:2024.09.03 10:30:50-04'00' DEP Grant Manager John P. Irving Digitally signed by John P.Irving Date:2024.09.04 12:42:53-04'00' DEP QC Reviewer Local Sponsor may add additional signatures if needed below. 16B 4 STATE co FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT I-A I. 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 nr 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 I.Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement h. 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, t;.5.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 mute and contact information of the new Grant Manager will he suhmitted 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 finding 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,arc 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 he 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. I he 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-A Iofli Ret.3/1 1I20241 CAO 16B 4 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.'tire 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:(11 the services will he performed by qualified personnel;(2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will he 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 suhgrantces shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Locatinnts).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 he at Grantee's sole expense. Failure to fulfill the applicable technical requirements ur 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 Nonperforntance, 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 will reduce the invoice by I%for each day the deadline is missed,unless an extension is approved in writing by the Department. c. Corrective Action Plait. IfGrantee 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 he able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) clays of the date of the written request from Department. The CAP shall he sent to the Department's Grant Manager for review and approval. Within ten (10)days of receipt of a CAI', Department shall notify Grantee in writing whether the ('AP proposed has been accepted. lithe('AP is not accepted,Grunter 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('Al'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 l-A 2of13 Rev.MI 1/2024 CAO I66 4 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('AP 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 front 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 fur Costs.The Grantee shall he 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 he requested on Exhibit C, Payment Request Summary Form To be eligible for reimbursement,costs must he 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: )tttps,Nwww.myfloridacfo.cnm/does-spaecounting-und-auditing-lihrarieslstnte- qge nc ie s/re Te re nce-tau id e-for-state-expend i tore s.pdI. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee may request from the Department that all invoice payments(i.e.,cost reimbursement)under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i, Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity"under subsection 288.065612),F.S.; ii, Grantee demonstrates current financial hardship using one(I)or more of the"economic distress" factors defined in subsection 288.0656(2)(c),F.S.; iii. Grantee's performance has been verified by the Department,which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions;and iv. Applicable federal and state law(s),rule(s)and regulations)allow for such payments. this subsection may not he construed to alter or limit any other applicable provisions of federal or state law,rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridajobs.orecommunity-phnnine-and-devclonment,'rural-community-progrgmsh oral-areas-of- onnortunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall he submitted to Department in sufficient detail for a proper pre-audit and post-audit to he performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366,I'.S.,if'Contractor meets the definition of a non-profit organization under section 215.97(2)tm), I'.S.,Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to he used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to he used for remuneration of any member of the hoard of directors or an officer of the Contractor. Attachment I-A 3 of 13 Rev, t?I II202d CA 1 6 B 4 The documentation must indicate the amounts and recipients of the remuneration Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985,F.S„and must be posted on the Contractor's website. if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion. if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager i. Final Payment Request.A final payment request should he submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds foi payment, however,all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement, j. Annual Appropriation Continency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: hops://www.my tloridacto.com/d iv isiun?aallocal-governmen Is/jridyement-interest-rates, I. Refund of Payments to the Department Any balance of unobligated funds that have been advanced or paid must be rescnded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must he refunded to Department.Ifthis Agreement is funded with federal funds and.the Department is tequired to refund the federal government,the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match, If Cost Reimbursement or Match is authorized in Attachment 2,Special terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved. position classification,direct salary rates,and hours spent on the Project in accordance with Attachment 3,Grant Wnrk Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for ur 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 he 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 he 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 nonexpcndahle personal property or equipment costing S5,000 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 'I he Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price Attachment I-A 4 of 13 Rev.3/1 1/2024 CAO 16B 4 negotiated by Grantee.'I he 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 210.055, F.S or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. MI 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 CO percent overages associated with purchasing supplies or equipment. h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals. Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps. Acreage Certification. Title Search Reports, Title insurance, Closing Statements/Documents, Deeds, Leases,Easements,I icense 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 Gods 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 3 I.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'I erms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. I1'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 requited 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 tinteframe stated in Department's notice.the retainage will be forfeited to Department. c. No retainage shall he released or paid fm incomplete work while this Agreement is suspended. d. Except as otherwise provided above. Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment I-A 5 of 13 Rcs.3,1I/202.1 CAO 16B 4 a, Insurance Requirements for Sub-Grantees and/or Subcontractors. I he 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, limy,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. h. Deductibles. The Department shall he exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. fltc 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 sell- 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 alter the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured 13. 'Termination. a. Termination for Convenience.When it is in the State's best interest, Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events ofdcf'ault 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. lf,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 lithe termination had been issued for the convenience of Department.The rights and remedies of'Department in this clause arc in addition to any other rights and remedies provided by law ur 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. l lowevei,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 he substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.I f 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. c. 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 alter 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 lime certain fur correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1-A 6 of 13 Rev 311 I1202d CAO 16B 4 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; c Failure to abide by any statutory, regulatory,or licensing requitement, 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 laboi 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 t 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 I I of the United States rode; ii. The making by Grantee ofa general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any slate 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,al any time,when it is in the best interest oldie State to do so. The Department shall provide Grantee written notice outlining the panieulars 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: (I) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension.the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either t 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 atter the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITlt 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 perforin at no increased cost. unless Department determines,in its sole Attachment 1-A 7of►3 Rev.3/1 112024 Ai i , 1 6B 4 discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(I)accept allocated pet formance 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 oldie delay,which purchases may he deducted from the Agreement quantity;or(3)terminate Agreement in whole of 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'(I)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 ur made by Department in any legal action without Grantee's prior written consent, which shall not he unreasonably withheld. c. Notwithstanding sections a. and h. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign hmnunity 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 S100,000. 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 he 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 Suhcontrnets, 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 Grantceisubcontractor knowingly employs unauthorized aliens,such violation shall he cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may Attachment 1-A 8 of 13 Rex. 3i I I/2021 CAO I 6 B 4 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 acontract 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 hids.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 puhlic 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 hid,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 Deportment of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website.Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services. Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination. wages. social security, woikers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. h. 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 of 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 he processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA)- Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that arc wholly funded by('oronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable.Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America.Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project arc 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 I..nited States;and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and Attachment I-A 9 of 13 CAO Rev 3/I1/2024 16B 4 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 took,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 arc used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act,including the following provision: a. Signage Requirements a. Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at• htlps_//www.epa.gow invest/i nvcsting-america-signage. b. Procuring Signs:Consistent with section 6002 of RCRA,42 U.S.C.6962,and 2('FR 200.323, recipients are encouraged Io use recycled or recovered materials when procuring signs.Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally.to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the official Investing in America emblem or EPA logo or seal)into the appropriate non-English languagc(s).The costs of such translation are allowable, provided the costs arc reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135.F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. h. 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 Scrutinised Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions.then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347,F.S.,except that pursuant to the requirements of section 287.058(6),F.S.,during the term of any executed agreement between Grantee and the State,Grantee may lobby the executive or legislative branch concerning the scope of services.performance,term.or compensation regarding that agreement. [he Grantee shall comply with sections I 1.062 and 216.347,F.S. 28, Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during Attachment I-A 10 of 13 Rey. 3/11/2074 t_Ar-,�� 166 4 the term of this Agreement and for five(5)years following the completion date or temtination 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: httm://dos.nwfloiida.com/lihrars-arch ives/records-management//general-records-schedule./). 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5). F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review. or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any. impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b, Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work,nr 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. M. 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 Ito include in each amendment that authorizes 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 C'FR §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: httpllapps.fld I's.cumlfsaa. 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. c. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must he accounted for separately Grantees arc 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 suhrecipient's, accounting system cannot comply with this requirement, Grantee.or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department,the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall he calculated from the date(s) the Attachment 1-A IIof13 Rev.3/I1/202,1 ICA) 1i 6 B 4 original payment(s) arc 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(sl the payment(s)are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special terms and Conditions,all services contracted for are to be performed solely by Grantee b. The Department may. for cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,hut is not limited to,technical in 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 h.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement, The Grantee shall he 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 he 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 he offered subcontracting opportunities may he obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier.and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s).and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations ofC,ratuee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee 34. Survival. The respective obligations of the parties.which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests,and public records.shall survive termination,cancellation.of expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees.nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third panics shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term op condition herein void or unenforceable, the other provisions arc severable to that void provision,and shall remain in full force and effect. Attachment I-A I2of13 Rev.311 I'202,1 CAO 16B 4 37, Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors. or agents performing work under the Agreement shall he properly trained technicians who meet or exceed any specified training qualifications.I.pon iequest,Grantee shall furnish a copy of technical certification or other proof ofqualification.All employees,subcontractor's.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 arc providing under the Agreement. 38. Assignment. The Grantee shall not sell,assign, or transfer any of its tights,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 otlhc Agreement,unless Iepartment expressly waives such secondary liability,The Department may assign the Agreement with prior written notice to Grantee of its intent to do so, 39. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report. including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary. bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation.real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. lithe value of the grout under this Agreement is S 100,000 or more,Grantee shall disclose to Department any current or prior interest of,any contract with,or any grant or gift received from a foreign country of concern,as defined in section 286.101,F.S.,if'such interest,contract,or grant or gift has a value of S50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity.the amount of'the contract or grant or gift or the value of the interest disclosed,the applicable foreign county of concern and, if applicable.the date of termination of the contract or interest,the date of receipt of tltc grantor gift,and the name of the agent or controlled entity that is the source or interest holder.If the disclosure requirement is applicable as described above, then within I year before applying for any grant,Grantee mast also provide a copy of such disclosure to the Department of Financial Services. 41. 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 he 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 I-A 13 of 13 Re,- 3/1 1/2024 ("C";) 16B 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Second Revised Special Terms and Conditions AGREEMENT NO.21C01 ATTACIIMENT 2-B These Special Terms and Conditions shall he lead 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 the Collier County Beach Nourishment.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 arc extensions available for this Project. c. Service Periods.Additional service periods arc 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 availahility for costs to meet matching requirements shall he limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category Salaries!Wages Overheadllndirect/General and Administrative Costs: ❑ 0 a. Fringe Benefits,N/A. ❑ ❑ h. Indirect Costs,N/A. • t] Contractual(Subcontractors) ❑ ❑ f ravel,in accordance with Section 112, F.S. ❑ El Equipment ❑ 0 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 he 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 Cirautee,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 2-11 of 3 Rev V11r.4 (C.;7.0) 16B 4 maintained by the Grantee shall nut he 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 S250,000 for each occurrence and$500,000 policy aggregate. h, 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, 1 he minimum limits shall be as follows: S200,000/300,000 Automobile Liability foi Company-Owned Vehicles.if applicable $200,000i300,000 Itired and Nun-owned Automobile Liability Coverage c. Workers'Compensation and Employer'sliability Coverage, The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.and employer liability coverage with minimum limits of S 100.000 per accident,S 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. Retninage. Retainage is permitted under this Agreement. Retainage may he up to a maximum of 10%of the total amount of the Agreement. I t. 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 foist Fund must he listed as additional insured to general liability insurance required by the Agreement and,if the Grantee is a non-governmental entity,indemnified by die 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 908,111(1)(a),Florida Statutes,the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier Before contract execution,the winning Contractor(s) must fill out and return PUR 1808.and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States Attachment 2-B 2 of 3 Rev 3/t v24 GAO 16B 4 according to the terms of the federal Immigration and Nationality Act.8 U.S.C.ss. 110 1 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law ur the attestation in Pt R 1808. 15, Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s.288.0656(2). 16. Additional Terms. None. Attachment 2-11 3 of 3 Rev.3/1 1124 CAO 16B 4 ATTACHMENT 3-13 SECOND REVISED GRANT WORK PLAN PROJECT TITLE: Collier County Beach Nourishment PROJECT LOCATION: The Project is located between Department of Environmental Protection(DEP) reference monuments 1(22 and 1R79 along the Gulf of Mexico in Naples in Collier County, Florida. The Project includes 7.7 miles, among three segments of shoreline within Collier County: Vanderbilt Beach. approximately 1.5 miles between DEP monuments R22 to R31; Park Shore, approximately 2.5 miles between DEP monuments 1242 to R54.4; and Naples, approximately 3.7 miles between DEP monuments R58 to R79. PROJECT BACKGROUND: I he Project consists of three segments: Vanderbilt Beach,Park Shore/Clam Pass Park, and Naples Beach. Restoration was completed in 1996 and twelve nourisht 1CntS have been completed using offshore or upland sand sources.with the most recent completed in 2022.Dredged material from Clam Pass and Doctors Pass have also been used to nourish shorelines adjacent to the inlets. The last nourishment was completed in 2022 and placed material from Doctors Pass onto Naples Beach.The project is currently in the post-construction monitoring phase and design phase for a nourishment for Park Shore/Clam Pass. PROJECT DESCRIPTION: This project consists of construction,monitoring.and design. PROJECT ELIGIBILITY:The Department has determined that 84.76 percent of the non-federal Project cost is eligible for state cost sharing. Therefore,the Department's financial obligation shall not exceed the sum of$7,125,699.61 for this Project or up to 42.38 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed,whichever is less.Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will he maintained pursuant to 62B-36, Florida Administrative Code(F.A.C.). The Local Sponsor will he responsible for auditing all travel reimbursement expenses based on the travel limits established in section 112.061, Florida Statute(F.S.). 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. Pursuant to 6213-36.005(1)(d).r• A.C.,the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment.and has demonstrated the ability to perlilrm the tasks associated with the beach erosion control project as described herein. Me 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 he found at: Mips://tluridadep ;ov/sites/default/tiles/Plysir al Vlonitori ngStandards.pdf DEP Agreement No. 21C01.Amendment 2,Attachment 3-B. Page 1 of 6 6:0) lbB 4 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 FWC - Florida Fish and Wildlife Conservation Commission IMP Inlet Management Plan TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work ora 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 tier reimbursement. Task 1.1: Construction (Contractual Services) 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 he 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 he 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: 1'he 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 he submitted after the deliverable is received and accepted and may he submitted no more frequently than quarterly. Task 1.2: Construction (Salary/Fringe) 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 DEP Agreement No. 21C'OI, Amendment 2.Attachment 3-13,Page 2 of 6 16B 4 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 he 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 Manage' in order to be eligible for reimbursement under this task. Deliverable: Documentation of work completed by force labor staff including records signed by the Local Sponsor detailing days/hours of operation of personnel, equipment leases, fuel expenses, and the use of supplies. For interim payment requests. a Task Summary Report signed by the Local Sponsor must he 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 Mier the deliverable is received and accepted and may he submitted no more frequently than quarterly. Task 2.1: Monitoring(Contractual Services) State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(aX I), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The local Sponsor's engineering consultant must provide an adequate mitigation plan,consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to he used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi-disciplinary firms for Project engineering and post-construction environmental monitoring services,or when the Project engineering consultant firm subcontracts for post- construction environmental monitoring. Environmental monitoring includes hardhottom, seagrass. and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the I.ocal Sponsor and/or its engineering consultant fails to comply with this provision. the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit-required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies.All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbnttom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task,unless otherwise directed. Deliverable: For each interim or final payment. the Local Sponsor will provide a't ask Summary Report signed by I.ocal Sponsor containing: I) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal DEP Agreement No. 21C01,Amendment 2,Attachment 3-B, Page 3 of6 GAO 16B 4 regulatory agencies of completed monitoring data,surveys and final reports for permit-required work under this task description. 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 he submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 2.2: Monitoring(Salary/Fringe) State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. in order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with section 287.057(19)(a)(1), F.S.. all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor pennittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan,consistent with section 287.057(19)(a)(I). F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi-disciplinary firms for Project engineering and post-construction environmental monitoring services,or when the Project engineering consultant firm subcontracts for post- construction environmental monitoring. Environmental monitoring includes hardbottom, scagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit-required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies.All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore l lardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task,unless otherwise directed. Deliverable: Documentation of work completed by force labor staff including records signed by the Local Sponsor detailing days/hours of operation of personnel, equipment leases, fuel expenses, and the use of supplies. For interim payment requests, a Task Summary Report signed by the 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. DEP Agreement No.21CO1,Amendment 2.Attachment 3.13, Page 4 of 6 CAO 1 6B 4 Task 3: Design and Permitting Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys,cultural resource surveys,design-level geotechnical services,sediment studies,inlet studies, environmental analyses. orthophotography. plan formulations and for obtaining environmental permits and other Project-related authorizations. 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 including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must he submitted detailing work progress 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 he submitted no more frequently than quarterly. Estimated Eligible Project Cost Task State Cost Eligible Project Tasks Share (%) DEP Local Total 1.1 Construction 42.38% S5,986,883.36 S8,139,788,09 $14,126,671.45 (Contractual Se rvices) l 2 Construction 42.38% $63,570.00 $86.430.00 $150,000.00 (Salary/Fringe) 21 Monitoring 42.38% S725,899.15 $986935.09 51,712,834.24 (Contractual Services) 2.2 Monitoring 42.38% • S128,099.85 S174,165.01 $302,264.86 (Salary/Fringe) 3 Design 42.38% $221,247.25 $300,808.55 $522,055,80 TOTAL PROJECT COSTS $7,125,699.61 $9,688,126.74 $16,813,826.35 DEP Agreement No.21C01. Amendment 2.Attachment 3-B, Page 5 of 6 1 6 B 4 PROJECT TIMELINE & BUDGET DETAIL: The tasks must he 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_ I.1 Construction Contractual Services $5,986,883.36 01/01/2019 09/30/2025 1.2 Construction Salary/Fringe $63,570,00 01/01/2019 09/30/2025 2.1 Monitoring Contractual Services $725,899.15 01/01/2019 09/30/2025 2.2 Monitoring Salary/Fringe S128,099.85 01/01/2019 09/30/2025 3 Design Contractual Services $221,247.25 01/01/2019 09/30/2025 Total: $7,125,699.61 SALARY AND FRINGE BENEFITS BY TASK(January 1,2019 through August 31,2020):Cost reimbursable hourly and fringe rate(s)by position may not exceed those indicated below. Task/Deliverable Position Title Hourly Rate Fringe Rate("/o) Number Project Manager II _ $ 39.54 17.20% Field Inspector II $ 33.23 30.00% 1.2 Senior Environmental Specialist _ $24.47 17.33% Environmental Specialist II — $22.50 17.75% Task/Deliverable Position Title Hourly Rate Fringe Rate(%) Number Project Manager 11 $39.54 17.20% , Field Inspector Il $33.23 30.00% 2.2 Senior Environmental Specialist $24.47 17.33% Environmental Specialist li $22.50 17.75% SALARY AND FRINGE BENEFITS BY TASK(September 1,2020 through expiration of Agreement):Cost reimbursable hourly and fringe rate(s)by position may not exceed those indicated below. Task/Deliverable Position Title Hourly Rate Fringe Rate(%) Number Project Manager 11 _ $42.86 17.20% Field Inspector 11 _ __ _ ± __ $41.64 30.00% 1'2 t Senior Environmental Specialist $24.47 17.33% I Environmental Specialist Il $28.32 17.75% Task/Deliverable Position Title Hourly Rate Fringe Rate(%) Number Project Manager 11 $42.86 17.20% 2.2 Field Inspector II $41.64 30.00% Senior Environmental Specialist $24.47 17.33% Environmental Specialist II i $28.32 17.75% ____ DEP Agreement No.21CO1.Amendment 2,Attachment 3-B,Page 6 of 6 S 1_ 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Public Records Requirements Attachment 4-A 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 and section 1 19.07(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(I)(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 arc 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 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-A IofI Rev.418/2024 CAO 1 1 6 B 4 ERIIIBIT—I-B FLMDS AWARDED TO TIDE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING; Nate.Ohio moult 0 nuvrded hr the recipient reprrteni anon:than nut/r,k,rrl pru,'rnm,prnwnle the ti um.urlurn:aarm.Nhoten h loan•pu•eat b/,•derv/program rand thaw InhdP:Ser•a'resnarres°Warded Federal Resources Awarded to the Recipient Pursuant to this Agreement Cranial of the Folluning: Federal State Program ('FDA Amu opt ration A I•ederal Agent Number CFDA Title l•uoding Amount Category Federal ` State Program CFDA Appropriation 11 Federal Agnes Number CFDA Title Funding Amount Category S Note:4)111w rirssurses uiiw,Tlerl a ilk'recipient repetem,n n'Neon one lerlerirl prwgrnmr•It.0 app1ici hie rnmrphanr rcrytroanienrs far eat II Iederal prokremr m the ranee manner at shown heloii Fade re.I Program First Compliance regmrcment t e.(what services ofpurposet resoureei must be used foil A Second Compliance requirement i.e.:eligibility reguisemenr for reapmets or lore resources) Etc Etc Federal program First Compliance requirement I e (who services of purposes resources must be used for) II Second Compliance requirement I c (ehg:bibiy icgauemrat for recipients ofthe sources) Etc. Etc Attachment S,Exhibit I-B or] ,ers.nrr 51411 i lk,,„,1)WI \AO1 1 6B 4 hmc.1/the n:.uurce•mrarvkd to 11w renpren,for nrnn'lung reprrrrnr more than ruts fieller0100,0001.provide the mow rn/araalrun rlruu It hehni tar melt federal program nrsl thou minl VUM Pe.nto'cee auimled/nrnatalrag. Stole Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Fnllowing,llalchin&Resources for Federal Prngroms: Federal ?region] State A Federal Agency CPDAAppropriation CFDATitle Funding Amount _ Caleegory Fell ern' Program Slate II Federal Agency t I VA Appropriation CFDA Title Funding Amount _ Category Note:If the nataater awarded In the re(1prrul mpretera none than one.1011e per/rev,prvnnrk the vane,n/araanan'min,,belmr lnr ear/t rase proles t nnJ throe nodal stot�Lranrtal a'autwne wonted that It sublet t to seua>ru 213.Y7,l's [Stale Resources Awarded to the Recipient Pursunnt In this Agreement Consist ain't Following Resources Subject to Section 2I,S,97,F.S.: Program CSFA Title State I rogrnm Statc CSFA nr Approprianon A State Awarding Avila Fiscal Year' Number Funding Source Description Funding Amount Category Florida Department of Beach Managemem Funding O)nkmn, Environmental mil Protection 2020.2021 37 003 Assistance Program,El AA 1 me Item SS.88h.065 00 140126 s 1676,LATE Florida Department of Beach Management Funding Original Environmental nlalProtecof 2022.2023 37003 Assistance Program-GAA Line Item SI73.75800 140126 a 17711,LATF — Amendment Florida Ikpurum ne of Reach Management Funding 2 i:nvron l)epu Protection2010.2020 37003 Assistance Program,GAA Line Item S1 063.87661 140126 s 1695,LATF Slate CSFA Title Slate — Program State CSFA or Appropriation li State Awarding Agencs Fiscal Year' Number Funding_Souree Description Funding Ainaml Category Total Award I 57,125,699.61 1 'Subject to change by Change Order t Suhax i to change by Change Order Attachment 5,Fshibit 1-It ..4 Ix r t..:. .1 of 3 --_.., 16B 4 Nate.Last ryt/licoble ronrphonce rryuncntercr tar the aaurr named in illiuur:rrdl ubure Into federal rcaourrer h'nr numbing resource.%ptrn•nted by the/le/uatnteut far 111:'I'lur/edetrl programs.the rvrpiiremeini might he rrenlirr in the rryuneonvnt lard the npplicahle&iterul purrgrrrrni.Also,to the extent than diffenar requirements/rerararr rn c/tJkrenr urnmuu for the nmr./rdernl revmr,cc their anal he inure than out grnnputg fr c I,1,3.etc.)hued tinder dux eutegun. For each program identified above.the recipient shall comply with the program requirements described nt the Catalog of Federal Domestic Asststance(CF UAt IhRps'lscygt govreonlenVasststmtcc•hstingsJ andtor the Florida('malog of State Financial Assistance(CSI•A)Iblips Oancitfldis,comilmuyscatchCataluldosj.and State Projects Compliance Supplement (Part Faun State Protects Compliance Supplement fhwatjAws F1sUscomifsawstale„project comuliance.nigta. The serviccsrpurposes for sshich ihr funds are to be used are included in the Agreement's Gram Work Plan Any match required by the Recipient rs clearly indicated in the Agreement Attachment 5,Exhibit 1•11 didaIMP,.;i. 3 of J it.m,.1r lull CAO 16B 4 AMENDMENT NO. 2 TO AGREEMENT NO. 21CO1 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY This Amendment to Agreement No. 21CO1,as previously amended,(Agreement) is made by and between the Department of Environmental Protection(Department),an agency of the State of Florida,and Collier County,2685 South Horseshoe Drive, Unit 103,Naples, Florida 34104(Grantee),on the date last signed below. WHEREAS,the Department entered into the Agreement with the Grantee for Collier County Beach Nourishment effective March 3,2021; WHEREAS,the Grantee requested that unencumbered funds from Agreement No. 20001,Collier County Beach Nourishment, funded by the fiscal year 2019/2020 legislative appropriation to the Beach Management Funding Assistance Program (Land Acquisition Trust Fund, GAA Line Item #1695 and General Revenue, GAA Line Item#1695), in the amount of$1,063,876.61 be included in Agreement No. 21 CO 1; and WHEREAS,the parties wish to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1) The total amount of funding of the Agreement is increased by$1,063,876.61 to$7,125,699.61. 2) Attachment 1, Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-A, Revised Standard Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment I shall hereinafter refer to Attachment 1-A, Revised Standard Terms and Conditions, 3) Attachment 2-A,Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-13, Second Revised Special Terms and Conditions,as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2-A shall hereinafter refer to Attachment 2-B, Second Revised Special Terms and Conditions. 4) Attachment 3-A, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-B, Second Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement.All references in the Agreement to Attachment 3-A shall hereinafter refer to Attachment 3-B, Second Revised Grant Work Plan. 5) Attachment 4, Public Records Requirements, is hereby deleted in its entirety and replaced with Attachment 4-A, Revised Public Records Requirements, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 4 shall hereinafter refer to Attachment 4-A, Revised Public Records Requirements. 6) Attachment 5, Special Audit Requirements, Exhibit 1-A is hereby deleted in its entirety and replaced with Attachment 5, Special Audit Requirements, Exhibit 1-B as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5, Special Audit Requirements, Exhibit I-A shall hereinafter refer to Attachment 5,Special Audit Requirements, Exhibit 1-B. 7) All other terms and conditions of the Agreement remain in effect. if and to the extent that any inconsistencies may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. -SIGNATURES ON FOLLOWING PAGE- Agreement No.:21C0I Amendment No.:2 I of 2 Rev.7/18/2023 CAO 1 6B 4 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Collier County Florida Department of Environmental Protection By: By: Title: hris Hall. Chairman Secretary or Designee Alex Reed. Director Office of Resilience and Coastal Protection Date: 8/27/2L/ Date: 9/9/2024 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment I-A Revised Standard Terms and Conditions(I 3 pages) Attachment 2-B Second Revised Special Terms and Conditions(3 pages) Attachment 3-B Second Revised Grant Work Plan(6 pages) Attachment 4-A Revised Public Records Requirements(I page) Attachment 5,Exhibit 1-B Special Audit Requirements(3 pages) -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK• A proved as to form an legality Assistant Count Attorney ya.- Coy c. vie „t' 3 • ATTEST CRYS'T L K. URIC BY: ides as signature only I Agreement No.:2tC Amendment No.:2 2 of 2 Rev.7/18/2023 CAO i6B 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1-A 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1,Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement;and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3,Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement;and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1-A lof13 Rev.3/1 1/2024 GAO 166 4 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5, Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding 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 will reduce the invoice by 1%for each day the deadline is missed,unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department.The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1-A 2 of 13 Rev.3/11/2024 CAO 16B 4 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 he paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf, e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee may request from the Department that all invoice payments(i.e.,cost reimbursement)under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity"under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one(1)or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department,which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions;and iv. Applicable federal and state law(s),rule(s)and regulation(s)allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law,rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridajobs,org/common ity-plane ing-and-development/ru ral-community-programskural-areas-of- opportunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition ofa non-profit organization under section 215.97(2)(tn),F.S.,Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1-A 3 of 13 Rev.3/1 1/2024 CAO 168 4 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215,985,F.S,,and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.my floridacfo.com/d iv ision/aa/loca I-governments/judgement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification,direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs, If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead, indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S.,and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services,The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors, i, For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price Attachment 1-A 4 of 13 Rev.3/I 1/2024 CAO 16B 4 negotiated by Grantee.The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment, For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage;attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases,Easements,License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form,to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31.The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1-A 5 of 13 Rev.3/11/2024 CAO 166 4 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection, its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1-A 6 of 13 Rev.3/1 1/2024 �A� 168 4 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 I I of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may, in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to,budgetary constraints, declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITII RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines,in its sole Attachment 1-A 7 of 13 Rev.3/I 1/2024 CAO 16B 4 discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense.The Grantee shall not be liable for any cost,expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity.The Department may, in addition to other remedies available to it,at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list; i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may Attachment 1-A 8 of 13 Rev.3/11/2024 CAO 16B 4 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. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act(BABA)-Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States;and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and Attachment 1-A 9 of 13 CAO Rev.3/1 1/2024 c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials,and supplies that are consumed in, incorporated into,or affixed to an infrastructure project. As such, it does not apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,such as movable chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act,including the following provision: a. Signage Requirements a.Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: https://www.epa.gov/invest/investing-america-signage. b. Procuring Signs:Consistent with section 6002 of RCRA,42 U.S.C.6962,and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable.Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the official Investing in America emblem or EPA logo or seal)into the appropriate non-English language(s).The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in section 287.135,F.S.Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions,then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347,F.S.,except that pursuant to the requirements of section 287.058(6), F.S.,during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance,term,or compensation regarding that agreement.The Grantee shall comply with sections 11.062 and 216347,F.S. 28. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during Attachment 1-A 10 of 13 Rev.3/11/2024 CAO 16B 4 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: http://dos.mvflorida.com/library-arch ives/records-management/general-records-schedules/). 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F,S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing, The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement, c. Special Audit Requirements; The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR§200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fld fs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds, The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department,the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1-A 11 of 13 Rev.3/11/2024 CAO 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. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions,all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee, its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. Attachment I-A 12 of 13 Rev.3/1 1,12024 CAO 16B 4 37. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights,duties, or obligations under the Agreement,or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable 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. 39. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report, including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary, bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is$100,000 or more,Grantee shall disclose to Department any current or prior interest of,any contract with,or any grant or gift received from a foreign country of concern,as defined in section 286101,F.S., if such interest,contract,or grant or gift has a value of$50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity,the amount of the contract or grant or gift or the value of the interest disclosed,the applicable foreign country of concern and,if applicable,the date of termination of the contract or interest,the date of receipt of the grant or gift,and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within I year before applying for any grant,Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. 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-A 13 of 13 Rev.3/11/2024 GAO STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Second Revised Special Terms and Conditions AGREEMENT NO.21C01 ATTACHMENT 2-B 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 the Collier County Beach Nourishment.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: • 0 a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. • ❑ Contractual(Subcontractors) ❑ n Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ o 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-B I of Rev.3/II/24 GAO 168 4 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees,and officers shall be named as an additional insured on any general liability policies, The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis,The Department, its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers'Compensation and Employer's Liability Coverage. The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. 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 l 1(I)(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-B 2 of 3 Rev.3/I 1/24 GAO according to the terms of the federal Immigration and Nationality Act,8 U.S.C.ss. 1 101 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. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s.288.0656(2). 16. Additional Terms. None. Attachment 2-B 3 of 3 Rev.3/1 1/24 CAO 6 B 4 ATTACHMENT 3-B SECOND REVISED GRANT WORK PLAN PROJECT TITLE: Collier County Beach Nourishment PROJECT LOCATION: The Project is located between Department of Environmental Protection(DEP) reference monuments R22 and R79 along the Gulf of Mexico in Naples in Collier County, Florida. The Project includes 7.7 miles, among three segments of shoreline within Collier County: Vanderbilt Beach, approximately 1.5 miles between DEP monuments R22 to R31; Park Shore, approximately 2.5 miles between DEP monuments R42 to R54.4; and Naples, approximately 3.7 miles between DEP monuments R58 to R79. PROJECT BACKGROUND:The Project consists of three segments: Vanderbilt Beach,Park Shore/Clam Pass Park, and Naples Beach. Restoration was completed in 1996 and twelve nourishments have been completed using offshore or upland sand sources,with the most recent completed in 2021 Dredged material from Clam Pass and Doctors Pass have also been used to nourish shorelines adjacent to the inlets. The last nourishment was completed in 2022 and placed material from Doctors Pass onto Naples Beach.The project is currently in the post-construction monitoring phase and design phase for a nourishment for Park Shore/Clam Pass. PROJECT DESCRIPTION: This project consists of construction, monitoring,and design. PROJECT ELIGIBILITY:The Department has determined that 84.76 percent of the non-federal Project cost is eligible for state cost sharing. Therefore,the Department's financial obligation shall not exceed the sum of$7,125,699.61 for this Project or up to 42.38 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed,whichever is less.Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code(F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in section 112.061, Florida Statute(F.S.). 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. Pursuant to 62B-36.005(I)(d), F.A.C.,the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment,and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. 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://floridadep.gov/sites/default/files/PhysicalMonitoringStandards.pdf DEP Agreement No. 21C01,Amendment 2,Attachment 3-B, Page 1 of 6 CAO 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 FWC—Florida Fish and Wildlife Conservation Commission iMP—Inlet Management Plan 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. Task 1.1: Construction (Contractual Services) 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. Task 1.2: Construction(Salary/Fringe) 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 DEP Agreement No. 21 CO1, Amendment 2,Attachment 3-B, Page 2 of 6 CAO 16B 4 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: Documentation of work completed by force labor staff including records signed by the Local Sponsor detailing days/hours of operation of personnel, equipment leases, fuel expenses, and the use of supplies. For interim payment requests, a Task Summary Report signed by the 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. Task 2.1: Monitoring(Contractual Services) State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. in order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(l), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(l), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi-disciplinary firms for Project engineering and post-construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post- construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit-required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task,unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal DEP Agreement No. 21C01,Amendment 2,Attachment 3-B,Page 3 of 6 GAO 168 4 regulatory agencies of completed monitoring data,surveys and final reports for permit-required work under this task description. 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. Task 2.2: Monitoring(Salary/Fringe) State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. in order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with section 287.057(19)(a)(1), F.S,, all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with section 287.057(19)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi-disciplinary firms for Project engineering and post-construction environmental monitoring services,or when the Project engineering consultant firm subcontracts for post- construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit-required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable: Documentation of work completed by force labor staff including records signed by the Local Sponsor detailing days/hours of operation of personnel, equipment leases, fuel expenses, and the use of supplies. For interim payment requests, a Task Summary Report signed by the 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. DEP Agreement No. 21C01,Amendment 2,Attachment 3-B, Page 4 of 6 CAO 168 4 Task 3: Design and Permitting Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys,cultural resource surveys,design-level geotechnical services,sediment studies,inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project-related authorizations. 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 including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress 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 State Cost Eligible Project Tasks Share (%) DEP Local Total 1.1 Construction 42.38% $5,986,883.36 $8,139,788.09 $14,126,671.45 (Contractual Services) 1.2 Construction 42,38% (Salary/Fringe) $63,570.00 $86,430.00 $150,000.00 2 1 Monitoring 42.38% $725,899.15 $986,935.09 $1,712,834,24 (Contractual Services) 2.2 Monitoring 42.38% $128,099.85 $174,165.01 $302,264,86 (Salary/Fringe) 3 Design 42.38% $221,247.25 $300,808.55 $522,055,80 TOTAL PROJECT COSTS $7,125,699.61 $9,688,126.74 $16,813,826.35 DEP Agreement No. 21C01, Amendment 2,Attachment 3-B, Page 5 of 6 CAO 16B 4 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by,the corresponding deliverable due date. Task Budget ' Task Start Deliverable No Task Title Budget Category Amount Date ' Due Date_ 1.1 Construction Contractual Services $5,986,883.36 01/01/2019 09/30/2025 1.2 Construction Salary/Fringe $63,570.00 01/01/2019 09/30/2025 2.1 Monitoring Contractual Services $725,899.15 01/01/2019 09/30/2025 2.2 Monitoring Salary/Fringe $128,099.85 01/01/2019 09/30/2025 3 Design Contractual Services $221,247.25 01/01/2019 09/30/2025 Total: $7,125,699.61 SALARY AND FRINGE BENEFITS BY TASK(January 1,2019 through August 31,2020):Cost reimbursable hourly and fringe rate(s)by position may not exceed those indicated below. Task/Deliverable Position,Title Hourly Rate Fringe Rate(%) Number Project Manager II $ 39.54 17.20% 1 2 Field Inspector I1 $ 33.23 30.00% Senior Environmental Specialist $24.47 _ 17.33% Environmental Specialist II $22.50 17.75% Task/Deliverable Position Title Hourly Rate " Fringe Rate(%) Number Project Manager II $39.54 17.20% 2 2 Field Inspector 11 $33.23 30,00% Senior Environmental Specialist $24.47 17,33% Environmental Specialist II $22.50 17.75% SALARY AND FRINGE BENEFITS BY TASK(September 1,2020 through expiration of Agreement): Cost reimbursable hourly and fringe rate(s)by position may not exceed those indicated below. Task/ merable' Position Title Hourly Rate;."' Fringe Rate(%) Nuumber. . Project Manager II $42.86 17.20% 12 Field Inspector II $41.64 30.00% Senior Environmental Specialist $24.47 17.33% Environmental Specialist II $28.32 17.75% Task/Dellv:rable Position'Title" Hourly Rate Fringe Rate /o Project Manager II $42.86 17.20% 2 2 Field Inspector II $41.64 30.00% Senior Environmental Specialist $24.47 17.33% Environmental Specialist 11 $28.32 17.75% DEP Agreement No.21 CO 1, Amendment 2,Attachment 3-B, Page 6 of 6 S 16B 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Public Records Requirements Attachment 4-A 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 and 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@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-A Iofl Rev.4/8/2024 CAO 16B 4 EXHIBIT—I-B FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note:lithe resources awarded to the recipient represent more than one federal program,provide the store u;Jinmanon shown below far each fedeml program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation A Federal Agency Number CFDA Title Funding Amount Category Federal State Program CFDA Appropriation B Federal Agency Number CFDA Title Funding Amount Category Note:Of the resources awarded to the recipient represent more than one federal program,Its!applicable compliance requirements fin-each federal program in the same manner as shown below: Federal Program First Compliance requirement:i.e.:(what services of purposes resources must be used for) Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program First Compliance requirement:i.e.:(what services of purposes resources must be used for) B Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5,Exhibit I-B I of 3 iios.uui 55.215 ac,uN 7,2019 CAO 16B 4 Note: the resources awarded 10 the.recipient fiw matching represent more than one federal program,provide the same in/inrnation shown below for each federal progmin and show total stale resources awarded fin.matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation A Federal Agency CFDA CFDA Title Funding Amount Category Federal State Program Appropriation 11 Federal Agency CFDA CFDA Title Funding Amount Category Note:lithe resources awarded to the.recipient represent more than one state�project,provide the same arlormatinn shown he/ow jot each state pro/ect and show total state financial assistance awarded that is subject to section 1/5.97,/'.J. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97,F.S.: State CSFA Title State Program State CSFA or Appropriation A State Awarding Agency Fiscal Year' Number Funding Source Description Funding Amount Category Florida Department of Beach Management Funding Original Environmental Protection 2020-2021 37.003 Assistance Program,GAA Line Item $5,888,065.00 140126 41676,LA'fF Florida Department of Beach Management Funding Original Environmental Protection 2022-2023 37.003 Assistance Program,GAA Line Item $173,758.00 140126 41778,LATF Amendment Florida Department of Beach Management Funding 2 Environmental Protection 2019-2020 37.003 Assistance Program,GAA Line Item $1,063,876.61 140126 ti 1695,LATF State CSFA Title State Program State CSFA or Appropriation B State Awarding Agency Fiscal Year' Number Funding Source Description Funding Amount Category Total Award I $7,125,699.61 I Subject to change by Change Order. 2 Subject to change by Change Order. Attachment 5,Exhibit I-II 2 of 3 lass.Dha'55.215 ae,i,e,1 7,2019 GAD 16B 4 Note:List applicable compliance requirement in the sane manner as illustrated above forfederal resources.For matching resources provided by the Department for DEP for federal programs,the requirements might be similar to the requirements for the applicable federal programs.Also,to the extent that different requirements pertain to different amount for the non-federal resources,there may be more than one grouping(I.e.1,2,3,etc.)listed under this category. For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [hops://sam.gov/content/assistance-listinasj and/or the Florida Catalog of State Financial Assistance(CSFA)Ehttos://aDos.fidfs.com/tSaalsearchcataloit nsox],and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [hips:/fapos.fldfs.com/fsaa/state oroiect_,compliance.asox]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated its the Agreement. Attachment S,Exhibit 1-f3 3 of 3 1105-rA t'55.215 ae,i„d 7,2019 CAO