Backup Documents 03/11/2025 Item #16B 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 7
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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. Coastal Zone Management
3. County Attorney Office County Attorney Office Je; l 31)5
4. BCC Office Board of County
Commissioners ] 3/ Y5. Minutes and Records Clerk of Court's Office 4ftpJs) t
iff/..15
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is need 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 03/11/2025 Agenda Item Number 16.B.7
Approved by the BCC
Type of Document 200O2 Amend#3 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)
I. 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 for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the AAM N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6B 7
AMENDMENT NO.3
TO AGREEMENT NO. 200O2
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
ANI)
COLLIER COUNTY
This Amendment to Agreement No. 200O2, 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 the South Marco Island Beach
Nourishment effective October II,2019; and
WHEREAS, the Grantee was awarded additional funds to complete the project from the fiscal year 2023/2024
legislative appropriation to the Beach Management Funding Assistance Program (GAA Line Item#1822);and
WHEREAS, the Grantee was awarded additional funds to complete the project from the fiscal year 2024/2025
legislative appropriation to the Beach Management Funding Assistance Program (GAA Line Item #18.56);and
WHEREAS,the Grantee has requested an extension to the Agreement and the Department has agreed;and
WHEREAS,the parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, the parties agree as follows:
I) The total amount of funding of the Agreement is increased by$58,708.79 to$833,434.75.
2) The Agreement is extended for a fifteen(I5)month period to begin October I, 2025, and remain in effect until
December 31, 2026. The Department and the Grantee shall continue to perform their respective duties during this
extension period pursuant to the same terms and conditions provided in the Agreement.
3) 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 1 shall hereinafter refer to Attachment 1-A, Revised Standard Terms
and Conditions.
4) Attachment 2-B, Second Revised Special Terms and Conditions, is hereby deleted in its entirety and replaced with
Attachment 2-C,Third Revised Special Terms and Conditions, as attached to this Amendment and hereby
incorporated into the Agreement. All references in the Agreement to Attachment 2-B shall hereinafter refer to
Attachment 2-C,Third Revised Special Terms and Conditions.
5) Attachment 3-B, Second Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-
C,Third Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All
references in the Agreement to Attachment 3-B shall hereinafter refer to Attachment 3-C,Third Revised Grant Work
Plan.
6) 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.
7) Attachment 5, Special Audit Requirements, Exhibit 1-B, is hereby deleted in its entirety and replaced with
Attachment 5, Special Audit Requirements, Exhibit 1-C,as attached to this Amendment and hereby incorporated into
the Agreement. All references in the Agreement to Attachment 5, Special Audit Requirements, Exhibit 1-B, shall
hereinafter refer to Attachment 5, Special Audit Requirements, Exhibit 1-C.
Agreement No.:200O2 Amendment No.: 3
1 of2
Rev.7/18/2023
8) 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,
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: il&c,,,,ggeoPloalim■ By:
Title: Secretary or Designee Alex Reed,Director
Burt Saunders, Chairman Office of Resilience and Coastal Protection
Date: ,3/ii/ .5 Date: 3/20/2025
LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Type Letter/Number Description
Attachment 1-A Revised Standard Terms and Conditions(14 pages)
Attachment 2-C 'Third Revised Special Terms and Conditions(3 pages)
Attachment 3-C Third Revised Grant Work Plan(5 pages)
Attachment 4-A Revised Public Records Requirements(1 page)
Attachment 5, Exhibit 1-C Special Audit Requirements(3 pages)
-REMAINDER OF PAGE INTENTIONALLY LEFT BLANK-
T 1v Apr d as to form and legality
40/a1.ATTRST
CRYSI' L K •L,CLERK ssistant Coun Attorney
BY:
Attest as to Chairman's
signature only
Agreement No,:200O2 Amendment No,: 3
2 of 2
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ORCP Additional Signatures
Cali Mauch Digitally signed by Cali Mauch
Date:2025.03.17 12:31:54-04'00'
DEP Grant Manager
Nathan Ve itch Digitally signed by Nathan Veitch
Date:2025.03.19 09:00:41 -04'00'
DEP QC Reviewer
Local Sponsor may add additional signatures if needed below.
1 6B 7
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.
e. 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.
c. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
'l'he 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
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4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
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
timef ame, 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
Attachment 1-A
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does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps,or to terminate this Agreement for failure to perform.
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 tinder this Agreement, without an
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project arc the responsibility of Grantee.
d. Reimbursement for Costs,The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State
funds, including, but not limited to,the Reference Guide for State Expenditures, which can be accessed at the
following web address: https://www.mvtloridacfo.com/dots-sf/accounting-and-auditing-libraries/state-
agcncies/rel'erence-guide-for-state-expenditures.pdf.
e. Rural Communities and Rural Areas of Opportunity, If Grantee is a county or municipality that qualities 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 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 invoice payments 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:
htlps://floridajobs.org/comet unity tannin$-and-development/rural-community-programs/rural-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 of a non-profit
organization under section 215.97(2)(m),F.S.,Contractor must provide the Department with documentation that
indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
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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.
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 Iloridae fo.com/division/aa/local-governments/j udgement-interest-rates.
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 69I-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
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subcontract.The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above.In this instance,Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee.The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061,
F.S.
c. 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 retainagc shall be released or paid for incomplete work while this Agreement is suspended.
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d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors, The Grantee shall require its sub-grantees
and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles, The Department shall be exempt from,and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-
insured authorization,or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten(10)days after the cancellation of coverage.
e. Insurance Trust, If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add
the Department of Environmental Protection,its employees,and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for
work to be paid under this Agreement within thirty(30)days of the effective date of termination. The
Department shall not pay any invoices received after thirty(30)days of the effective date of termination.
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.
c. 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.
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If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non-
exclusive list of events,acts,or omissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. l'he 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 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: (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(I)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WiTH RESPECT
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TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. if
performance is suspended or delayed,in whole or in part, due to any of the causes described in this paragraph,after
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines, in its sole
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may:(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 he 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 he 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
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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.
h. Pursuant to sections 287.133,287.134,and 287,137 F.S.,the following restrictions apply to persons placed on
the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list:
i. Public Entity Crime, A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal,or reply on a
contract with a public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases of real property to a public entity;may not 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 hid,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. 'l'he Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its websitc. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Development,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.
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 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 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 he
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 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.
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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;
h. All manufactured products used in the project are produced in the United States-this means the manufactured
product was manufactured in the United States;and the cost of the components of the manufactured product
that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product,unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation;and
c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
the construction material occurred in the United States.
1'he 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 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 he 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/i nvesting-amcriea-signage.
h.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 arc 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.
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c. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions,then they shall become inoperative.
27. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to section 216.347,F.S.,except that pursuant to the requirements of section
287.058(6),F.S.,during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that
agreement.The Grantee shall comply with sections 11.062 and 216.347,F.S.
28. Record Keeping.
The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The
Department,the State,or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In
the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized
State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial
records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such
records for the longer of:(1)three years after the expiration of the Agreement;or(2)the period required by the
General Records Schedules maintained by the Florida Department of State(available at:
http://dos.my florida.com/library-arch ives/records-management/general-records-schedu les/).
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.t1d 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.
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e. No Commingling of Funds. The accounting systems fur 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
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 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
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) arc recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause,require the replacement of any Grantee employee,subcontractor,or agent. For
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee,subcontractor,or agent.
d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any
subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
c. 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 Development 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 ol'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.
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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.
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. 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.
II 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.
'l'he 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 grantor gift received from a foreign country of concern,as defined in
section 286.101,F.S.,if such interest,contract,or grant or gilt 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 1 year before applying for any grant,Grantee must also provide a copy of such disclosure to the
Department of Financial Services.
41. Food Commodities.
To the extend authorized by federal law,the Department,its grantees,contactors and subcontractors shall give
preference to food commodities grown or produced in this state when purchasing food commodities,including farm
products as defined in section 823.14,F.S.,of any class,variety,or use thereof in their natural state or as processed
by a farm operation or processor for the purpose of'marketing such product.
42. Anti-human Trafficking.
lithe Grantee is a nongovernmental entity,the Grantee must provide the Department with an affidavit signed by an
officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for
labor or services as defined in section 787.06,F.S.
43. Iron and Steel for Public Works Projects.
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if this Agreement funds a"public works project"as defined in section 255.0993,F.S.,or the purchase of materials to
be used in a public works project,any iron or steel permanently incorporated in the Project must be"produced in the
United States,"as defined in section 255.0993,F.S.This requirement does not apply if the Department determines
that any of the following circumstances apply to the Project:
(I) iron or steel products produced in the United States are not produced in sufficient quantities,reasonably
available,or of satisfactory quality;
(2)the use of iron or steel products produced in the United States will increase the total cost of the project by more
than twenty percent(20%);or
(3)complying with this requirement is inconsistent with the public interest.
Further,this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if:
(I)such materials arc incidental or ancillary to the primary product and are not separately identified in the project
specifications;and
(2)the"cost"of such materials,as defined in section 255.0993,F.S.,does not exceed one-tenth of one percent(1%)
of the total Project Cost under this Agreement or$2,500,whichever is greater.
Electrical components,equipment,systems,and appurtenances, including supports,covers,shielding,and other
appurtenances related to an electrical system that arc necessary for operation or concealment(excepting
transmission and distribution poles)arc not considered to be iron or steel products and are,therefore,exempt from
the requirements of this paragraph.
This provision shall be applied in a manner consistent with and may not be construed to impair the state's
obligations under any international agreement.
44. Complete and Accurate information.
Grantee represents and warrants that all statements and information provided to DEP are current,complete,and
accurate.This includes all statements and information in this Grant,as well as its Attachments and Exhibits.
45. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments,and/or change orders related to the Agreement,may he 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.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Third Revised Special Terms and Conditions
AGREEMENT NO.200O2
ATTACHMENT 2-C
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the South Marco Island 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:
• ❑ a. Fringe Benefits,N/A.
❑ ❑ b, Indirect Costs,N/A,
• D Contractual(Subcontractors)
❑ ❑ Travel,in accordance with Section 112,F.S.
❑ ❑ 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 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-C
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maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. Grantee shall 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 minimum limits shall be$250,000 for each occurrence
and$500,000 policy aggregate.
b. Commercial Automobile Insurance.
lithe 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 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 comply with the workers' compensation requirements of Chapter 440,F.S.
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
908.11 1(1)(a),Florida Statutes,the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
b. Applicable to solicitations for a common carrier—Before contract execution,the winning Contractor(s)
must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act,8 U.S.C.ss. 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.
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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.
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ATTACHMENT 3-C
THIRD REVISED GRANT WORK PLAN
PROJECT TITLE: South Marco Island Beach Nourishment
PROJECT LOCATION: The Project is located between Department of Environmental Protection
(Department or DEP) reference monuments R-143 and G-4 along the Gulf of Mexico in Collier County,
Florida.
PROJECT BACKGROUND: The South Marco Island Beach Nourishment Project includes 1.1 miles of
shoreline and is located between DEP monuments R143 and R148+600' (G4) in Collier County. The
restoration was completed in 1997 and the first nourishment was completed in 2007.The 2013 nourishment
included a storm recovery component with FEMA funds to repair damages from Tropical Storm Fay as
well as the structural repair of five existing erosion control structures. The 2016 nourishment included a
storm recovery component with FEMA funds to repair damages from Tropical Storm Debby. In 2020, a
nourishment was completed which used dredged material from Caxambas Pass and repaired damages from
Hurricane Irma.An emergency sand placement occurred in 2023 following Hurricane Ian.Post construction
monitoring is ongoing.
PROJECT DESCRIPTION:The Project consists of design and permitting,construction,and monitoring.
PROJECT ELIGIBILITY: The Department has determined that 53.96 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$833,434.75 for this Project or up to 26.98 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(1)(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://lloridadep.gov/sites/defauldtiles/PhysicalMonitoringStandards.pdf
DEP Agreement No.200O2,Amendment 3, Attachment 3-C, Page 1 of 5
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One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
Acronyms:
DEP— Florida Department of Environmental Protection
F.A.C.—Florida Administrative Code
F.S.—Florida Statutes
FEMA—Federal Emergency Management Agency
FWC—Florida Fish and Wildlife Conservation Commission
TASKS and DELIVERABLES:
The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized
by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be
completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work
and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager
to be included into this work plan for reimbursement.
Task 1: Monitoring
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: For each interim or final payment, the Local Sponsor will provide a Task Summary Report
signed by Local 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
regulatory agencies of completed monitoring data,surveys and final reports for permit-required work under
this task description.
DEP Agreement No. 20002, Amendment 3, Attachment 3-C,Page 2 of 5
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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: 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.
Task 3.1: Construction (Contractual Service)
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.
DEP Agreement No.200O2, Amendment 3,Attachment 3-C, Page 3 of 5
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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 3.2: 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
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.
Estimated Eligible Project Cost
State Federal
Task Cost Estimated
Eligible Project Tasks Share Project DEP Local Total
(%) Costs
1 Monitoring 26.98% $163,267.75 $441,875.88 $605,143.63
2 Design and Permitting 26,98% $20,235.00 $54,765.00 $75,000.00
3.1 Construction(Contractual 26.98% $645,885.00 $1,748,054.96 $2,393,939.96
3.2 Construction(Sala►y/Fiinge) 26.98% $4,047.00 $10,953.00 $15,000.00
TOTAL PROJECT COSTS $833,434.75 $2,255,648.84 $3,089,083.59
DEP Agreement No.20002,Amendment 3,Attachment 3-C, Page 4 of 5
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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 Monitoring Contractual Services $163,267.75 01/01/2017 09/30/2026
2 Design and Permitting Contractual Services $20,235.00 01/01/2017 09/30/2026
3.1 Construction Contractual Services $645,885.00 01/01/2017 09/30/2026
3.2 Construction Salary/Fringe $4,047.00 01/01/2017 09/30/2026
Total: $833,434.75
Note that, per paragraph 8.j. of the agreement, authorization for continuation and completion of work and
any associated payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds
for this project may become unavailable in the future. This should be a consideration for the Local Sponsor
with this and future requests for extension.
SALARY AND FRINGE BENEFITS BY TASK
Cost reimbursable hourly and fringe rate(s)by position may not exceed those indicated below:
Task/Deliverable Position Title Hourly Fringe Rate(%)
Number Rate
Project Manager $39.54 17.20%
3.2
Senior Field Inspector $33.23 30.00%
Senior Environmental Specialist $24.47 17.33%
Environmental Specialist $22.50 17.75%
DEP Agreement No. 200O2, Amendment 3,Attachment 3-C,Page 5 of 5
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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
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
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EXHIBIT—1-C
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Now if the resources awarded to the recipient represent more than one federal program,provide the same inhumation shown Moulin.each,federr l 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,list applicable compliance requirements for 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)
A
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 1-C
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Note:If the resources awarded to the recipient jor'matching represent more Than one federal program,provide the same information.shown below.*each
(ederal program and show Iota!slate resources awarded for matching.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following)Matching Resources for Federal Programs:
Federal Stale
Program Appropriation
A Federal Agency CFDA CFDA Title Funding Amount Category
Federal State
Program Appropriation
B Federal Agency CFDA CFDA Title Funding Amount Category
Note:lithe resources awarded to the recipient represent more than one.elate project,provide the sane information shown below liff each slate project and.chow
total state financial assistance awarded that is subject to section 215.97,VS.
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
Beach Management Funding
Original Florida Department of 2019-2020 37.003 Assistance Program,GAA Line Item $48,948.00 140126
Environmental Protection 111695,GR
Amendment Florida Department of Beach Management Funding
1 Environmental Protection 2018-2019 37.003 Assistance Program,GAA Line Item $403,271.00 140126
#1597,LATF
Amendment Florida Department of Beach Management Funding
1 Environmental Detal tment fn 2020-2021 37.003 Assistance Program,GAA Line Item $294,124.00 140126
#I676,LATF
Amendment Florida Department of Beach Management Funding
2 Environmental Protection 2022-2023 37.003 Assistance Program,GAA Line Item $28,382.96 140126
41778,LATF
Beach Management Funding
Amendment Florida Department of 2023-2024 37.003 Assistance Program,GAA Line Item $28,895.89 140126
3 Environmental Protection #1822,LATF
Amendment Florida Department of Beach Management Funding
3 Environmental Protection 2024-2025 37.003 Assistance Program,GAA Line Item $29,812.90 140126
#I856,LATF
'Subject to change by Change Order.
Attachment 5,Exhibit 1-C
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ROS.UY.P 35.215
kevl,<J 7,2019
CAO
1 6 B 7
State CSFA Title State
Program State CSFA or Appropriation
li State Awarding Agency Fiscal Year' Number Funding Source Description Funding Amount Category
Total Award $833,434.75
Note:list applicable compliance requirement in the same manner as illustrated above for fiu/era!resources,For matching rerorn•ces provided by the Department
fur DEI?ar.federa!programs,the requirements might he similar to the requirements fbr the applicable federal progrwrm.s.Also,to the extent that different
requirements pertain to different amour for the non-federal resources,there may be more than one grouping(i.e. I,2,3,etc.)listed under this catego,y.
For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA)
[httns://sum.aov/content/assistance-listings]and/or the Florida Catalog of State Financial Assistance(CSFA)[httus://nuns.tldfs,cum'fsatWsearchCataloa.asux],and
State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [bttps://alias.fldts.com'fsaa/state_nroiect contpliance.aspx]. 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
in the Agreement,
Subject to change by Change Order.
Attachment 5,Exhibit 1-C
3 of3
aim-Di m'55.215
Nc,iwJ 7,2014
CA0