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Agenda 11/10/2025 Item #16M 1 (Chair to execute Amendment No. 4 to Agreement 20CO2 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program)
11/10/2025 Item # 16.M.1 ID# 2025-4241 Executive Summary Recommendation to approve and authorize the Chair to execute Amendment No. 4 to Agreement 20002 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program, and make a finding that this item promotes tourism. OBJECTIVE: To execute Amendment No. 4 to Agreement No. 20002 with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program for South Marco Island Beach Nourishment. CONSIDERATIONS: FDEP Agreement No. 20002 was approved by the Board of County Commissioners (Board) on September 24, 2019 (Item 16.A.3). The purpose of this Agreement was to enter into a cost share reimbursement agreement with FDEP for South Marco Island Beach Nourishment approved by FDEP. Amendment No. 1 to this Agreement, which the Board approved on February 9, 2021 (Item 16.A.19), increased the amount of funding available for reimbursement for Monitoring from $48,948.00 to $76,176.00 and added Task 2 (design) in the amount of $20,235.00 and Task 3 (construction) in the amount of $649,932.00. This additional reimbursement was for the South Marco Island Beach Nourishment, which was completed in the Spring of 2020, and the FDEP permit required physical monitoring. Amendment No. 2, which the Board approved on June 13, 2023 (Item 16.B.4), increased the reimbursement available by $28,382.96 for a total of $774,725.96 and extended the Agreement by one year from September 30, 2024, to September 30, 2025. Amendment No. 3, which the Board approved on March 11, 2025 (Item 16.B.7), increased the reimbursement available by $58,708.79 for a total of $833,434.75 and extended the Agreement by fifteen (15) months from October 1, 2025, to December 31, 2026. Amendment No. 4 increases the available reimbursement by $33,050.50, to a total of $866,485.25, and extends the Agreement by twelve (12) months from January 1, 2027, to December 31, 2027. The execution of the FDEP Beach Funding Assistance Agreement primarily provides funding assistance for nourishment and monitoring work underway or to be undertaken in the near future. FDEP has determined that 26.98% (percent) of the non-federal project costs are eligible for state cost sharing. FDEP's financial obligation shall not exceed the sum of $866,485.25 for this project. This item is consistent with the Quality of Place Objectives of the County's Strategic Plan. FISCAL IMPACT: Approval of this item will allow Collier County to be reimbursed for up to 26.98% of the total cost to nourish and monitor South Marco Beach. The FDEP Beach Funding Assistance Agreement 20002 Amendment No. 4 increases the existing grant work plan by an additional $33,050.50. This will amount to a potential FDEP reimbursement of $866,485.25. Funding is available from the TDC Beach Renourishment Fund (1105); accordingly, reimbursements pursuant to this Agreement will be deposited in Fund (1105). The source of funding is the Tourist Development Tax. GROWTH MANAGEMENT IMPACT: This item is consistent with the Conservation and Coastal Management Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATION(S): To approve and authorize the Chair to execute Amendment No. 4 to Agreement 20002 Page 5141 of 6525 11/10/2025 Item # 16.M.1 ID# 2025-4241 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program, and make a finding that this item promotes tourism. PREPARED BY: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees, and Program Management Division ATTACHMENTS: Stamped Agreement 20002 Amend #4 20002 SOUTH MARCO ISLAND BEACH NOURISHMENT - EXECUTED 20002 Al SOUTH MARCO ISLAND BEACH NOURISHMENT - EXECUTED 20002 A2 SOUTH MARCO ISLAND BEACH NOURISHMENT - EXECUTED 20002 A3 SOUTH MARCO ISLAND BEACH NOURISHMENT - EXECUTED Page 5142 of 6525 AMENDMENT NO. 4 TO AGREEMENT NO. 20002 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY This Amendment to Agreement No. 20002, 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 t03, 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 11, 2019; and WHEREAS, the Grantee was awarded additional funds to complete the project from the fiscal year 2025/2026 legislative appropriation to the Beach Management Funding Assistqance Program (GAA Line Item #1661); and WHEREAS, the Grantee has requested an extension to the Agreement and the Department has agreed; and WHEREAS, the parties wish to amend to the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1) The total amount of funding of the Agreement is increased by $33,050.50 to $866,485,25. 2) The Agreement is extended for a twelve (12) month period to begin January 1, 2027, and remain in effect until December 31, 2027. 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-A, Revised Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-B, Second Revised Standard Terms and Conditions, as attached to this Amendment and hereby incorporated in the Agreement. All references in the Agreement to Attachment I -A shall hereinafter refer to Attachment 1-B, Second Revised Standard Terms and Conditions. 4) Attachment 2-C, Third Revised Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-D, Fourth Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated in the Agreement. All references in the Agreement to Attachment 2-C shall hereinafter refer to Attachment 2-D, Fourth Revised Special Terms and Conditions. 5) Attachment 3-C, Third Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-D, Fourth Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-C shall hereinafter refer to Attachment 3-1), Fourth Revised Grant Work Plan. 6) Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5-A, Revised Special Audit Requirements, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5 shall hereinafter refer to Attachment 5-A, Revised Special Audit Requirements. 7) All other terms and conditions of the Agreement remain in effect. if and to the extent that any inconsistencies may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. Agreement No.: 20002 l of 2 Amendment No.: 4 Rev. 5/7/2024 R10 Page 5143 of 6525 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 By: Title: Date: Florida Department of Environmental Protection Secretary or Designee Date: LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 1 -B Second Revised Standard Terms and Conditions (14 pages) Attachment 2-D Fourth Revised Special Terms and Conditions (3 pages) Attachment 3-D Fourth Revised Grant Work plan (5 pages) Attachment 5 5-A Revised Special Audit Requirements (7 pages) - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - Approved as to form and legality Assistant County Attorney ATTEST CRYSTAL K. KINZEL, CLERK BY: Agreement No.: 20002 2 of Amendment No.: 4 6CA0 Page 5144 of 6525 Rev. 5/7/2024 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SECOND REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1-B 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i, Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; (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; and/or (5) any changes to the terms and conditions of the Agreement other than the specific instances enumerated below when a change order may be used. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the Attachment 1-B 1 of 14 Rev. 7/2/2025 Page 5145 of 6525 execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 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 subrecipients 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. b. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties, b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by I % for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. L 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 fi•om 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, Attachment 1-B 2of14 Rev, 712I2025 QCA90 Page 5146 of 6525 ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to 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/Socia] Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: httys://www.myfloridaefo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-gu ide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments 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: L 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: https:llflorida' obs.org/communiiy_plann ing-and-development/rural -community_pro¢xams/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 Grantee meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Grantee must provide the Department with documentation that indicates the amount of state funds: Attachment 1-B 3of14 Rev. 7/2/2025 OCAO Page 5147 of 6525 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, 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. 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 Grantee's website, if Grantee 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. L 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: htts://www.m floridacfo.com/division/aa/local- overnments/iud ement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds, and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a, Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual/subaward Costs (Subcontractors/Subrecivients). Match or reimbursement requests for payments to subcontractorslsubrecipients must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontractslsubawards 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 subcontractorlsubrecipient 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/subaward 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 69I-73, F.A.C., as applicable. For grants funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a subcontract/subaward is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts/subawards that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts/subaward issued under this Agreement, if any, impose this requirement, in writing, on its subcontractorslsubrecipients. Attachment 1-B 4of14 Rev. 7/2/2025 nc-,Ao Page 5148 of 6525 i. For fixed -price (vendor) subcontracts/subawards, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts/subawards to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed -price subcontractedlsubawarded activities shall be supported with a copy of the subcontractor/subrecipient's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract/subaward. The Grantee may request approval from Department to award a fixed -price subcontract/subaward 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 subcontractorlsubrecipient Upon receipt of Department Grant Manager's approval of the fixed - price amount, Grantee may proceed in finalizing the fixed -price subcontract/subaward. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S., or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay costing $10,000 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 subcontractorlsubrecipient. 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 subcontractorlsubrecipient, 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. Attachment 1-13 5of14 Rev. 7/2/2025 C� Page 5149 of 6525 b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Subrecipients and/or Subcontractors. The Grantee shall require its subrecipients 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 subrecipients 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. Subrecipients 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. Attachment 1-13 6of14 Rev. 7/2/2025 ncq� Page 5150 of 6525 e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e, Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts Attachment 1-B 7of14 Rev. 7/2/2025 GP'O Page 5151 6 6525 of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors/subrecipients or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole 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 purchase may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in pail. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, and subcontractorslsubrecipients 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, and subcontractorslsubrecipients; 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; R. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 14. 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 Attachment 1-B 8of14 Rev. 7/2/2025 (1�v 1 Page 5152 of 6525 other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts/Subawards. 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/subrecipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontractstsubawards with private organizations issued as a result of this Agreement. b. Pursuant to sections 287,133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier 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/sub awards issued as a result of this Agreement. b. The Grantee, its subrecipients, subcontractors and agents must also comply with the following civil rights laws and regulations: i. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted programs on the basis of race, color, or national origin in the delivery of services or benefits); Attachment 1-B 9of14 Rev. 71212025 CAC) Page 5153 of 6525 ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting discrimination on the basis of sex in the delivery of services or benefits under the Federal Water Pollution Control Act as amended); iii. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs on the basis of disability, both in employment and in the delivery of services and benefits); iv. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis of age in the delivery of services or benefits); V. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of 1973); vi. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, Sections 760.01, 760.11 and 509.092, F.S.), including Part 1, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status). c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. Attachment 1-B 10 of 14 Rev. 7/2/2025 O Page 5154 of 6525 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/invest in g-america-sign age. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or -recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during 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 or subawarded, Grantee shall similarly require each subcontractor/subrecipient 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.myflorida.com/library-archives/records-manapement/izeneral-records-schedulesO. 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 subrecipients and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its subrecipients 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: Attachment 1-11 11 of 14 Rev. 7I212025 Page 5155 of 6525 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 I to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:llapps.fldfs.comlfsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingline of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration, Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting/Subawards. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. Attachment 1-11 12 of 14 Rev. 7/2/2025 CAo Page 5156 of 6525 b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor/subrecipient, 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/subrecipient, 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/subaward. The Department shall not be liable to any subcontractor/subrecipient for any expenses or liabilities incurred under any subcontractlsubaward, and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontractlsubaward. e. The Department will not deny Grantee's employees, subcontractors/subrecipients, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. 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/subrecipient at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s)/subrecipient(s), and without the fault or negligence of either, unless the subcontracted/subawarded products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontractlsubaward, 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/Subrecipients and Agents. All Grantee employees, subcontractorslsubrecipients, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractorslsubrecipients, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for Attachment I-B 13 of 14 Rev. 7/2/2025 nCAO Page 5157 of 6525 the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within I year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extent authorized by federal law, the Department, its grantees, contractors and subcontractors/subrccipients 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. If the 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. 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: (1) 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; (1) such materials are 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 are necessary for operation or concealment (excepting transmission and distribution poles) are 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 be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature, Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment I-B 14 of 14 Rev. 7/2/2025 Page 5158 y'of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Fourth Revised Special Terms and Conditions AGREEMENT NO.20002 ATTACHMENT 2-D 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 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, NIA. ❑ ❑ b. Indirect Costs, NIA. N ❑ Contractual/Subaward (Subcontractors/Subrecipients) ❑ ❑ Travel, in accordance with Section 112, F,S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement, 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-D 1 of 3 Rev. 7/01/25 nCA(D Page 5159 of 6525 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Covet -age c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting/Subawards. The Grantee may subcontract/sub award work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed -price subcontracts/subawards pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontracts/subaward to the Department prior to submitting any invoices for subcontracted/subawarded work. Regardless of any subcontract/subaward, 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/subawards with a common carrier -- firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor/Subrecipient must also fill out and return PUR 1808 before contract/subaward execution. If Contractor/Subreciplent is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this Agreement immediately if Contractor/Subrecipient is found to be in violation of the law or the attestation in PUR 1808. Attachment 2-D 2of3 Rev. 7/0 €125 Page 5160 of 6525 b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq, The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. Attachment 2-1) 3 of 3 Rev. 7101 /25 0GP10 Page 5161 of 6525 ATTACHMENT 3-D FOURTH 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 America 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 lan. 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 $866,485.25 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 6211-36, 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 6213-36.005(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: htt s:l/floridade , ov/sites/default/files/Ph sicalMonitorin Standards. df DEP Agreement No. 20002, Amendment 4, Attachment 3-D, Page 1 of 5 nCAO Page 5162 of 6525 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; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. DEP Agreement No. 20002, Amendment 4, Attachment 3-D, Page 2 of 5 Ca0 Page 5163 of 6525 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 Services) Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. DEP Agreement No. 20002, Amendment 4, Attachment 3-D, Page 3 of 5 Page 5164 of 6525 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 Task Eligible Project Tasks State Cost Share (%) Federal Estimated Project Costs DEP Local Total 1 Monitoring 26.98% $196,318.25 $531,325.38 $727,643.63 2 Design and Permitting 26.98% $20,235.00 $54,765.00 $75,000.00 3.1 Construction (Contractual Services) 26.98% $645,885.00 $1,748,054.96 $2,393,939.96 3.2 Construction (Salary/Fringe) 26.98% $4,047.00 $10,953.00 $15,000.00 TOTAL PROJECT COSTS 1 $866,485.25 $2,345,098.34 $3,211,583.59 DEP Agreement No. 20002, Amendment 4, Attachment 3-D, Page 4 of 5 i - ._ Page 5165 of6625 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date 1 Monitoring Contractual Services $196,318.25 01/01/2017 09/30/2027 2 Design and Permitting Contractual Services $20,235.00 01/01/2017 09/30/2027 3.1 Construction Contractual Services $645,885.00 01/01/2017 09/30/2027 3.2 Construction Salary/Fringe $4,047.00 01/01/2017 09/30/2027 Total: $866,485.25 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% Senior Field Inspector $33.23 30.00% 3.2 Senior Environmental Specialist $24.47 17.33% Environmental Specialist $22.50 17.75% DEP Agreement No. 20002, Amendment 4, Attachment 3-D, Page 5 of 5 Ecp'o) Page 5166 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment 5-A The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the `Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This pail is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200,514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from non-federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.P-ov/content/assistance-listings. Attachment 5-A 1 of 7 CAQ BGS-DEP 55-215 Revised 711l25 Page 5167 of 6525 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(1)(n), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215,97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and the current Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and the current Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at htti)salatnus,fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at httn://www.leg.state.fl.usfWelcome/indcx.cfm. State of Florida's website at http://www.myflorida.coml, Department of Financial Services' Website at https://www.myfloridaefo.com/ and the Auditor General's Website at http:l/www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for finding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR fart 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5-A 2of7 BGS-DEP 55-215 Revised 7l1/25 OCAO Page 5168 of 6525 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit a,den.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.govb provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(@dep.state.f1.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and the current Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or the current Rules of the Auditor Attachment 5-A 3 of 7 BGS-DEP 55-215 Revised 7/1/25 CAn R Page 5169 of 6525 General, should indicate the date and time the reporting package was delivered to the recipient and any correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of rive (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5-A 4of7 BGS-DEP 55-215 Revised 7/1/25 C P'O a Page 5170 of 6525 z y m i 0 0 ° a 2 �U �U d d a r � � d 6 [ cft C � 'O 'O o U .N O U N s N L. bi d 0 d3 d Az Az a $ C � d w w d y u 0 m .� an on F4 d r vi N U too y U 20 G P w 4 R ID N U U O U sU. O y L vi 10 � w rii L c- O a-+ U O c w cr w U L � A U A O � A c U U � U � 0 o L) o U U U PLO (�-,-O) Page 5171 of 6525 O O .0 4 u � °' C 4 v� o o a� �v d d L � � d "'O w b C w w w d u 0 A4 U rI~O-1 W O p O U a d O ¢ d Q A F4 N 'u G] � � Q7 Q Q] n � Cd wl w cu u I CQ C5 M o , C ww C 0 En o �� d w r O� O CDO CD O 0000 ON N d T N r� o0 00 o C 0o m � N oa vi 00 a 6q Glc� m U) w Q 2 a2 a5i (D 0 (U d 0) 0 Z �zi° Go��¢wu'�ww¢r= w�ww�w p+, A H a�i e�i�Q 00 0,0 C) wU¢ o D E c, E � E a E a� cdU � � ai tin Cd � W r- W N W kn ri 0-1 ill a{ at N a U tiU�"" y Cd U U y C V �U❑{ y U U y[ U y[ V U y ++ �14 }3 p rh rh FE O U � f�i o 0 0 0 0 0 z••� Z n m M M m m w Q' � � 4l Q C=) � rl M d• Vl N N N N N F. C C .t 4i O 4i a 4, O 4i P CH O C4, OO C O 1= ,� U O 4 'V- U 4 'C1 O 'Zi 00 0 O= U Or ti � 11 ID 3 A 0 A 0 A 0 A I Cd AID A° I rn N r M r M Q] Ql Coll( Page 5172 of 6525 G O N i=• � •� O F-e O aU d 0 0 O17 � LQy O tq M b { W N � � C K � C 'F, O C0 ,-y U CS CA r o M U z C) H N N vi N v N � � � U C v Gl cl C L C aFj O cl) 1•� ss, ii o U Q) •63 Vl ? +U., p�j rail ^ U x �s 00 v 4, o to O U N - zz iC OQ w N y vi 0 U � ti O ,b mt 13 p s O N q o �o ou, �3 m �a UN m U y a N 'O O dl O1J u" � 7? cad cn y., �•+ O C {0 Qa N Q, • N QN., '1 Cq W R, Ct � U] N as •� y � ca U .) u CS O ,a bb ti N p � U O C1y i' U 2 �w y ctl ya, i- (Dri an 0 0 o 40 U) �w LTA c/] cl Page 5173 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971Florida Statutes: i. Project Title (Project): Agreement Number: South Marro Island $each Nourishment 200O2 2. Parties State of Florida Department of Environmental Protections 3900 Commonweaith Boulevard Tallahassee, Florida 32399.3000 (Department) Grantee Name: Collier County Entity Type; Loral Government Grantee Address: 105 5eurh "Gneehee orlre FE1 D: 59-60000558 Itiaplu, Ft 34104 {Grantee} 3. Agreement Begin Date: Date of Expiration: 1/1/2017 09/30/2024 4. Project Number: Project Location(s): flfdi3Oerenefrom agreement Nu+nher) Collier County 13 Project Description., This Project consist of post construction monitoring. 5- Total Amount of Funding: g48,948,00 ® State ❑ Federal ❑ State ❑ Federal i 0 Grantee Match Award #s or Line Item Appropriations: GAA Line Item # 1695 FY19120 GR source{ a48,948.00 , Total Amount ofFund irig Grantee Match, if any: S48.948,00 6. 'Department's Grant Manager Grantee's Grant Manager Name: Vincent George Name: Gary McAlpin or successor or successor Address: Beach Management Funding Assistance Address: Collier County 3900 Commonwealth Boulevard, M5 3601 2685 South Horseshoe Drive Tallahassee, FL 32399-3000 FL 34104 Phone: 850.245,7601 Phone: (239) 252-5342 Email: Vincent.Georgea�FloridaDep.goy Email: garymcalpin(Dacolliergov.net 7. The. Panics agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: m Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements • Attachment 2: Special Terms and Conditions © Attachment 3; Grant Work Plan * Attachment 4: Public Records Requirements ® Attachment 5: Special Audit Requirements * Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) "Copy available at hnpsl� .tldfs.com, in arcordame wrth §215.985, l= S. ❑ Attachment 8: Federal Regulations and Terms (Federal) * Additional Attachments (if necessary): ® Exhibit A; Progress Report Form ❑ Exhibit B: Property Reporting Form 66Z Exhibit C. Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit L Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary); DEP Agreement No, 20002 Page 5174 of 6525 S. The. Following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers (FAIN): Federal Award Date to Department: Total Federal Funds Cbli pled b • this Agreement: Federal Awarding Agency. Award R&D? 11 Yes ❑NIA IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below whichever is later. Collier County GRANTEE Grantee N 01. $y �� (Author ize [gnarure) WiEliam L. McDaniel, Jr. Date Signed Chairman Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT S '4 a .ti .� 1I� - I ! Y ` Secretary or Designee Date Sign d Print Name and Title of Person Si nin ® Additional signatures attached on separate page. ATTEST- 't "c' CRYSTAL K- KIN , CLERK BY •r -' w �: - Aitest a, tothairn01 Y - f A . � I signa41tfe C yr., • �• Appmed as to form a>lsbd leggity Assistant County Attorney DEP Agreement No. 20002 Rev. 6120118 Page 5175 of 6525 DWRM Additional Signatures DEP Grant Manager v L DEP QC Revie er Local Sponsor may add additional signatures if needed below. Page 5176 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICA8LE TO GRANT AGREEMENTS ATTACHMENT t 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 un Grantee's forms or invoices shall be null and void. 2, Grant Administration. a. Order ofPrecedencg. 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 etectronic 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 earl lest delivery time. c. ff a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact inrormation 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 arty of the following: (I) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3 ) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative a mount 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: ( t ) task timet ines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Pian, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of rncc(ing match requirements. 'Phis Agreement may be amended to provide for additional services if additional funding is made available by the Legistature. e, All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duratlon. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated carlier 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 far match purposes if permitted by the Special Terms and Conditions. 4. Deliverables, The Grantee agrees to render the services or other units of delivcrab) es as set forth in AtLee hment 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. Attachment I I of 11 Rev. 6/1912019 Page 5177 of 6525 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by quaiitied 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, afany third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, i f provided by Department, for work done at the Project Locations). 'she 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 Deiivera bits. a. Acceptance Process. Ail deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shalI work diligently to correct all de5cienc1es in the deliverable that retrain outstanding, within a reasonable time at Grantee's expense. 1 f Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemod rejected. b. RRg ection 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 ofthIs Agreement. The Grantee's efforts to correct the rejccted 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 a13er a reasonable opportunity to do so shall constitute an event o f default. 7, Financial Consequences for Nina performance. 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. Correcjve Action Plant f Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. 1. 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 approvat, Within ten (19) 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 fnrcause as authorized in this Agreement. H. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the Accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. in the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to 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. Attachment 1 2ofII Rev. 6/ 1912019 Page 5178 of 6525 B. Payment, a. Pay_tnent Process, Subject tit rheterms 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 (175.). b. Takes. The Department is exem pled 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 far the payment of all its FiCAlSocial Security and other taxes resulting from this Agreement, c, Maximum Amount of A regiment. The maximum amount of compensation under this Agreement, without an amendment, Is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d, Reimer, bursement 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.mytloridacfo.com/Division/AAlManuals/Auditin&LReference Guide For State Expcnditures.pdf: e. 1Ltyoi�e Detail, All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shah be submitted to Department in sufT"icient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. F. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager, g. Einal Pav_tnen3 Rearrest. 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 he performed on or before the expiration date of the Agreement. h, Annual Appropriation CQntin enc The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i, Interest Rates, All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer tw r"ryv,myfloridacfQ,por VDivisionlAA)Vendors/dcfault.htm, j. Refund of Payments to the Dgnamment. 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 he refunded to Department, If this Agreement is funded with federal funds and the Departmg_nt is required to refund the federal government, the grantee shall refund the Deparlment its ;;hare g[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. SalarylWaecs• 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. Dverheadllndire;tlreneral and Administrative Coats. 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. Attachment t 3ofII Rev.611912419 Page 5179 of 6525 c. Contractual Costs (Subcpntractors), Match or reimbursement requests for payments to subcontractors must he substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts whicIt 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 su bco ntract a r 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 nonexpendab le personal property a equipment costing $I,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F,S., and Chapter 691-72, Florida Administrative Code (F,A,C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services, The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, 1n writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the Following provisions shall apply: The Grantee may award, an 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 ofthe tabulation form for the competitive procurement process (e.g., Invitation to laid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified abovc. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter cif request shall be supported by a detailed budget and Scope of Send es 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. H. 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 t 1.2,061. F.S. e, Direct Purchase Equipment. For the purposes of this Agreement. Equipment is defined as capital outlay costing $1,000 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 he completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form, f Rental./Leme of Equipment. Match or reimbursement requests for rentalllease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Exp=s, 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 AgQuisitlon, 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/Documcnts, 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 Attachment t 4 of 11 Rev. 6/19/2019 Page 5180 of 6525 period. Quarterly status reports are due no later than twenty (20) days fol}owing 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, IL 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 al l deii verables. 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 ❑eparnnent shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. Ifthe Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above. Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described In this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, i£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 represcnting 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 ❑apart ment with praof of appIIcab ie insurance coverage by standard form certi 5scat es of insurance, a self - insured authorization, or other cenii'ication of set f-insurance, d. putt/ to_M4i0tain GovcrIn 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 orcoverage. 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 De fault 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. Gragigg Qblieations upon Noticc of Terminglion2 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 ofthe Agreement not terminated. Ifthe Agreement is terminated before performance is completed, Grantee shall be paid only for Attachment 1 5ofII Rcv, 6/19/2019 Page 5181 of 6525 that work satisfactorily performed far which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Can fi n VALipn of Preoaid 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 I provide a refund for services that have been paid for but not rendered. a. Transition of Services UDan Term ina;ion. Expiirgtion. or QjnuIlation of the Agreement. If services provided under the Agreement are being Van sitioned to another pro vider(sj, Grantee shall assist in the smooth transition of Agreement services to the subsequent provlder(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 term inatian, except as necessary to complete the transition or continued portion ofthe Agreement, if any. 14. Notice or Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This natice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b, The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agrecment or in its application for funding; c. Failure to submit any, of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e, Failure to abide by any statutory, regulatory, or licensing requirement, 1net Lid ing an entry ❑f en 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 Agrecment: i. Entry of an order for relief under Title I 1 of the United States Code; 0, 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 insolvcncy ❑r 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 ofvmergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the natice. Within 90 days, or any longer period agreed to by the parties, Department shall either, (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement, If the Agreement is terminates! after 30 days afsus pension, the natice afsuspensian shall be deemed to satisry the thirty (30) days' notice Attachment 1 6ofII Rev. 619/20 19 Page 5182 of 6525 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure, Tlie Grantee shatI 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 gets of God, wars, acts ot'pubIic enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the lorcgoing that affect subcontractors or suppliers if na alternate source of supply is available to Grantee. In case cf any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days afler 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 SHALLCONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TG 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. Tice 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 riot limited to costs of acceleration or inefficlency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, 1n whole ❑r 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 cast, unless Department determines, in its sole discretion, that the delay will significantly impair the value ofthe Agreementto 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. 19. 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 a teged 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: ( l ) written notice of any action or threatened action; (2) the opportunity to take over and settle or- defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b, above, the fallowing 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 shalt 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 compensati an 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, Attachment 1 7ofII Rey, W 19120 l9 Page 5183 of 6525 Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver, The delay or €ailure by Department to exercise or enforce any of its rights under this Agreement she] I not constitute or be deemed a weiver 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 Ern ployment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. if Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 297.133 and 287,134, F.S„ the following restrictions apply to persons placed on the convicted vendor list or the discriminatory 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 orally 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 of36 months Following the date of being placed on the convicted vendor list. ii. Discrimina&ry VenAoTs. 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 Ieases of real property to it 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. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, Including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. -rhe Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, greed, 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 ofthis Agreement, c. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein, Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second .ludfcial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrut€nixed Companies. a. Grantee certi lies 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 Grantec isplaced on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. Attachment 1 8ofI1 Rev. 6119120 t 9 Page 5184 of 6525 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 287135, F,S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitiona then they shall become inoperative. 25. Lobbying and integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of Iabbying 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. 26. Record Keeping, The Grantee shall maintain books, records and documents directly pertinent to performance under thfs Agreement in accordance with United Slates generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such rccords 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 far audit purposes, Upon request of Department's inspector General, or other authorized State officfal, Grantee shall provide any type orinformation 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 Scheduies maintained by the F'IaHda Department of State (available at; h ://d osmi y florid - co m/1' bra ty-arehive record -m ener I - records- the ie !}, 27. Audits. a. inspector General. The Grantee understands its duty, pursuant to Section 20,055(5), F.S., to cooperate with the inspector general in arty investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued tinder this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively, b. Phvsical_Acpgss_anA 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 a f 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 i, to Attachment 5. if Department fails to provide an updated copy of Exhibit Ito 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 l 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 §200.330 for determining whether the relationship represents that of it 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 "LinksfForms" section appearing at the following website: h ttps:lla pp s. f l d fs. co ml fsaa. Attachment I 9 of I 1 Rev, 6/ 19/2019 Page 5185 of 6525 d. Fr of of Transaction a. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a tmansaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200, The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Comminglingo_f_Fgnds. The accounting systems for all Grantees must ensure that these funds are noL commingled with funds from other agencies. Funds from each agency trust be accounted fo r sep arate I y. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall estab fish 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 dates) the original payments) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii, Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely an a cost reimbursement basis. 29. Conflictof 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. 29. independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30, Subcontracting, a. Unless otherwise speeified in the Special Terms and Conditions, all services contracted for are to be pe armed 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 fac'slity 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 shalt not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. F. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the Ul 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 Df oe of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a fai lure to perform, i f 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 Attachment I 10 of l I Rev. 6119/N19 Page 5186 of 6525 or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule, 31. Guarantee of Parent Company, If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company wilt guarantee all of the obligations of Grantee for purposes of ruff (ling 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 a)I of the obligations of Grantee. 32. 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. 33, 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 speci 6cat Iy disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34, Severability. if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications, Upon request, Grantee shall furnish a copy of technical certification or other proofof qunIIFcat ian. 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. 36. 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 4vritten consent of Department, in the event of any assignment, Grantee remains secondarily liable toe 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. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 it ofll Rev. 6/ t 9/20 i 9 Page 5187 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.20002 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Tenns and Conditions. Attachment 1. Where in conflict, these mare specific terms shall apply. 1. Scope of Work, The Project funded under this Agreement is South Marco Island Beach Nourishment. The Project is defined in more detaii in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2017 and ends at the expiration 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 ❑ Cl A Category 5alaric"ages Overhead/Indirect/Gencrai and Administrative Costs: a. Fringe Benefits, N/A. b. Indirect Costs, N/A. ❑ Contractual (Subcontractors) ❑ Travel, in accordance with Section 112, P.S. ❑ Equipment ❑ Rental/Lease of Equipment p 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 There is no match required on the part of the Grantee under this Agreement. 9. Insurance Requirements Reauirgd 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 1 of 2 Rev 6114119 Page 5188 of 6525 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida, Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commerpipl General Liability Insurance. The Grantee shall provide adequate cominerciai general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250.000 for each occurrence and $500,000 policy aggregate. b. CommervialAWomobile I Iran e Ifthe Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurancc policy. The minimum limits sha]I be as follows.. $200,0001300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Werkeyrs' Compensation and Employer's Liability Ccverage. The Grantee sha]1 provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, S100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. - ther Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10, Retainage. Rem inage 1s permltted 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 Depertmcat Is Grant Manager except for certain i`sxed-price subcontracts pursuant to this Agreement, which require prior approval. 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. Ofiiee of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. \opc. bet, r�'rrns rrilrlyd heat ?west lot• rrpproitud hY the: Q ir.'c of fir. neraf Cuimu vcl. Attachment 2 2of2 Rev. 6114119 Page 5189 of 6525 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: South Marco Island Beach Nourishment PROJECT LOCATION: The Project is located between Department of Environmental Protection (DEP) reference monuments R-143 and G-4 along the Gulf or Mexico in Collier County, Florida. PROJECT BACKGROUND: Nourishment of 1.1 miles of shoreline between DEP Monuments IZ 143 and G4 in Collier County. The South Marco Island Beach Restoration was completed in 1997, with nourishment following in 2007. Nourishment was completed again in 2013, including a storm recovery component partially funded by the Federal Emergency Management Agency (FEMA) to address damages sustained during Tropical Storm Fay. The structural repair of five existing erosion control structures was completed in coordination with the 2013 nourishment project. Nourishment was completed again in 2016, including a storm recovery component partially funded by FEMA to address damages sustained during Tropical Storm Debby. The FY 20I9-20 project will be in response to Hurricane Irma storm damages. PROJECT DESCRIPTION: This Project consists of post construction monitoring. PROJECT ELIGIBILITY: The Department has determined that 4 8.6 8 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 $48,948 for this Project or up to 24.34 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 shaving purposes will be maintained pursuant to 6213-36, 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 1 12.061, 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:/lfloridadep.govjsites/defaultlfiles/PhysicalMor itorin&Standards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. DEP Agreement No. 200O2, Attachment 3, Page 1 of 3 Page 5190 of 6525 Acrortvms: DEP — Florida Department of Environmental Protection F.A.G. — Florida Administrative Code FWC — Florida Fish and Wildlife Conservation Commission F.S.-- Florida Statutes FEMA — Federal Emergency Management Agency 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(17)(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 permitteelengineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to 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 fallow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects, The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable, For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. DEF Agreement No, 200O2, Attachment 3, Page 2 of 3 Page 5191 of 6525 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 Fedcru[ Task H Eligible Project Tasks Cost Estimated DEP Local Tutot share Project Casts f. 1 Munituring 24.34°% 548,9.7$.00 $152.153.06 S201,10L06 TOTAL PROJECT COSTS S48,948.00 5152,t53.06 5201,101.06 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task Task Title Budget Category Budget Task Start Deliverablt No Amount Date Due Date i Monitoring Contractual services $49,948.00 11112017 3/30/2024 Total: $48,948. 00 ❑EP Agreement No. 24CO2, Attachment 3, Page 3 of Page 5192 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000,00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article 1 of the Florida Constitution or section I] 9,07(1), F.S. b, The Department may unilaterally terminate the Agreement if Grantee refuses to a]low 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 Xa), 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, RS., 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 1 l 9,10, 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. servicesaa,floddad ep.gov Mailing Address: Department of Environmental Protection ATTN.- Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 i of 1 Rev, 4M/2019 Page 5193 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may he referred to as the "Recipient", "Grantee "or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department staff. limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring pro cc dureslprocesses deemed appropriate by the Department of Environmental Protection. in the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief financial Officer (CFO) or Auditor General_ A UDITS PART I: FEDERALLY FUNDED This part is applicable Wthe recipient is a State or Iocal government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends 5750,000 or more in Federal awards in its fiscal year, must have a singie or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection, The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 1 For the audit requirements addressed in Part 1, paragraph 1, the recipient shall fWfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than 3 75 0, 00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,OOD in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e„ the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4, The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemm at www.cfda.gov Attachment 5 i of 6 &GS-DEP 55-215 rtvised 7/1-619 Page 5194 of 6525 PART If: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such Fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General_ EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement, In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities, State financial assistance does not include federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes, This includes submission of a financial reporting package as defined by Section 215.97f2), Florida Statutes, and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and far -profit organizations), Rules of the Auditor General. 3: 1f the recipient expends Tess than S750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e„ the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CS FA), a recipient should access the Florida Single Audit Act website located at https-.//apps.fldfa.com/fsaEL for assistance, In addition to the above websites, the following websites may be accessed for information: legislature's Website at hgp:llwww.leg.state.fl.us/Welconie/index,cfrn, State of Florida's website at b1tt'i;llwww.myflorida..c0j 1 Department of Financiai Services' Website at htty./NKELy,fldfs.cotnland the Auditor General's Web site at h ttp://www,mi f7 o ri d a. c omla4d ae nl. PART 1[I: OTHER AUDIT REQUIREMENTS (NOTE. This part mould be used to specify any additional audit requirements imposed by the State awarding entity that are sotely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Sac lion 215.97(8), Florida Statures, Slate agencies may conduct or arrange far audits of Stare financial assistance Thal are in addition to audits conducted in accordance with ,Section 215.97, Florida Statutes. In such an event, the Slate awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipients ly to the Federal Audit Clearinghouse (PAC) as provided in 2 CFR 200.36 and 200,512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200,501(a) should be submitted to the Federa] Audit CIearinghouse), at the following address: Attachment 5 2 of 6 RGS-t7EP 55-215 cCvised 7r019 Page 5195 of 6525 By Mail. Federal Audit Clearinghouse Bureau of the Census 1201 East I ft Street lef ersonviile, IN 47132 Submissions ofthc Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federat Clearinghouse's Internet Data Entry System which can be found at http:/lharves(er.census.gov/fac�veb./ 2. Copies of financial reporting packages required by PART If of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mai I: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin g1eA udit�i�dep,state.fl. us B. The Auditor General's Office at the following address: Auditor General Local G,ovemmcnt Audits1342 Claude pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http:l./flauditpr.eov/) provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART Ill of this Attachment shah be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By 'IvtaiI: Audit Director Florida Department of Environmental Protection Office of inspector Genera), MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically; F DEPS in_l e Aud iLrajdep.state.f! .0 s Any reports, management letters. or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, RS , and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable, Attachment 5 3 of 6 BGS-DEP 55-215 reviwd 7/2019 Page 5196 of 6525 Recipients, when submitting financial reporting packages to the Department of Environmental Protection f'or audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.5510 (local governmental entities) and 10.650 (non and far -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package, PART V: RECORD RETEINTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of live (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chien Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer. or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection, Attachment 5 4ofb BG5-DEP 55-215 revised 7/2019 Page 5197 of 6525 EXHIBIT-1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: if the resources awarded la the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Reci ieni Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Cate Qry Federal Program B Federal Agency CFDA Number CFDA Title Fundin • Amount State Appropriation Cate o F I - r7 Note- Of the resources mvarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in die same manner Its shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used For) Second Compliance requirement- ix.:(eligibifity re irernent for recipients of the resourcesi Etc. Etc, Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance r uirement: i.e.: (eligibility requirement for recipients of the nesourcesj Etc. Etc. Attachment 5, Exhibit 1 5 of 6 s�nEr Saxss Po+" 7M19 Page 5198 of 6525 Dore; If the resources awarded to the rectpienrJor matching represent more than one federal program, provide the same information shown below for each ederal program and show total stare resources awarded or matchin . State Rmurces Awarded to the Recipient pursuant to this A reement Consist of the Following Match in Resources For Federal IF ams: Federal Program A Federal AgencyAgenSy CFDA CFDA Title Fundin Amount State Appropriation Category Federal Program B Federal Agena CFDA CFDA Title Funding Amount state Appropriation category Note: If the resources awarded to the recipient represent more than one state project, provide the some information shown below for each state project and show total state financial assistance awarded that is subiect to section 215.97, F.5 State Resources Awarded to the Recipient Pursuant to this A regiment Consist of the Following Resources Subject to Section 215.97, F.S.: State Program A State Awarding Agency State Fiscal Year CSFA Number CSFA Title or Funding Source Descri tion Funding Amount State Appropriation CategoEy Original Gcneral Revenue, GAA Line item 91695 FY19/20 37.pp3 Beaches Management Funding Assistance Pry ram S4$.948 00 140126 State Program B State Awarding AgencyAgenSy State Fiscal Year CSFA NUM!er CSFA Title or Funding Source Description Funding Amount State Appropriation Calegory Total Award I S Nole: List applicable compliance requirement in the same manner as illustrated above fonfederal resources. For matching resources provided by the Department for DEP for federal programs, the requirements height be similar to the requirements for the applicable federal programs. }Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e_ 1, 2, 3, etc) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfdo.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) h s://a ps.fldfs.com/fsaa/searchCatalop.4spx], and State Projects Compliance Supplement {earl Four: State Projects Compliance Supplement [https://apps.fidfs.com/fsaalstate project compliance.asox]. The serviceslpurposes For which the funds are to be used are included in the Agreement's Grant Work flan. Any match required by the Recipient is clearly indicated in the Agreement. Attachment 5, Exhibit 1 6 of6 ocs-nar 5i115 Rmsd M019 Page 5199 of 6525 Exhibit A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT Name of Project: South Marco Island Beach Nourishment Local Sponsor:_ Collier County DEP Agreement Number: 20002 Billing Number: Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including staternent(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: DEP Agreement No. 20002, Exhibit A, Page I of I Page 5200 of 6525 EXHIBIT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT -- PART I PAYMENT SUMMARY Name of Project: South Marco Island Beach Nourishment Local Sponsor: Collier County D E P Agreement Number: 20002 Remittance Address: Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Focal Share S $ $ *if applicable Cost Summary: State Funds Obligated S Less Advance Pay S Less Previous Payment Less Previous Retained Less This Payment S Less This Retainage State Funds Remaining $ DEP Agreement No. 20002, Exhibit C, Page l of 5 Totai Local Funds Obligated 5 Less Advance Pay Less previous Credits Less This Credit Local Funds Remaining Page 5201 of 6525 Name of Project: Billing Number: ❑EP Agreement Number: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART II Billing Period (l): Person Completing Form & Telephone Number REIMBURSEMENT DETAIL Item q Vendor Name invoice Namber Invoke Cheek Number Task Namber (3J saw Number (3) invoice Amoant(4j Eligible Costble SFed Fed {a Federal S%areor lavoire Amman t 7 Feral ha Share State Share ha State Share (10) Local Share (11) Relainage Payment (12) Withheld Retaimgr (13) Slste Payment (14) - $0.00 0.00 0.00 0,00 - Totals - - Total Due to Local Sponsor (15) Form Instructions: 1. Billing Period: Should reflect invoice services performed date. (beginning date - eat liest date of services, end date - latest date of services performed) 2, Person responsible for completing this form: Please identity the person responsible for completing information if clarifuation is needed. 3. Task p. Must identify Task.. 4. SOW b: Must identify SOW(s) for each invoice. If invoice covers multiple SOW, [has invoice would be listed multiple. times, a line item forearh SOW. 4. invoice Amount 5. Eligible Cast: Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only. 6. % Federal State: If applicable this should be the percentage Imated in Agreerncai Federal Share will be listed on Table I if applicable. 7. Federal Share. Ifapplicable. Local Sponsor will multiply Eligible Coal by Federal Share Percentage. B. Non -Federal Share: Eligible Cast (5) minus Federal Sbarc of invoiced Amount (7). 4. Percentage of State Share: This should be the State Share Percentage listed in Agreement. 10. State Sharc: Multiply Non -Federal Share by State Share Percentage. 11. Local Share' Subtract State Share from Nan -Federal Shue. 12. Retainage Payment: Requires separate line for each completed Task. Sub-T ask and or Deliverable that reuunage is being requested. 13. Withheld Retainage: Multiply State Share by I0"A_ 14, State Payment: Subtract Retatrtage from State Share. 15. Total Due to Local Sponsor: Add Retainage Payment Total (12) to Slate Payment Total (14). Please redact all sensitive financial informamtion from the invoices and u lher supporli a g documentation to he submitted with this Payment Request Form. Notes: For questions or concerns regarding this form please Contact: Janice Simmons - (850)245-2979 or email at]anite.L.Simmons@dep.state.11.us DEP Agreement No. 20002, Exhibit C, Page 2 of 5 Page 5202 of 6525 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III INVOICE REPORT Name of Project: South Marco Island Beach Nourishment Local Sponsor: Coll ier CounLy DEP Agreement Number: 20002 Billing Number: Invoice Report Period: (Describe progress accomplished during the invoice report period, including statement(s) regarding percent of task completed to date.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan, The following format should be followed: Task I - Progress for this invoice period: Identify any delays or problems encountered: DEP Agreement No. 20002, Exhibit C, Page 3 of S Page 5203 of 6525 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT— PART IV Name of Project: South Marco island Beach Nourishment Local Sponsor-, Collier County_ ❑EP Agreement Number: 20002 Billing Number; Certification: I certify thatthis billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this Form is for allowable costs for the Project described in the grant work plan. I certi fy that the purchases noted were used in accompl ishing the Project, and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available For audit upon request. Name of Project Administrator Name of Project Financial Officer Signature of Project Administrator Signature of Project Financial Officer DEP Agreement No. 20002, Exhibit C. Page 4 of S Date Date Page 5204 of 6525 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CONTRACT COMPLETION CERTIFICATION PART V Name of Project: South Marco Island Beach Nourishment Local Sponsor: Collier County DEP Agreern eat Number: 200O2 Task Completion ❑(List Task) Contract Completion ❑ 11 hereby certify that the above -mentioned Project task has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds expended fur the Project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the Department, have been returned to the department, or will be returned to the Department within sixty (60) days of the completion of construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 20002, Exhibit C, Page S of S Page 5205 of 6525 rID °■�■•_�,,� Florida Department of Governatt �= 'A Environmental Protection Carlos Lopez-Cantera Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Noah Valenstein y �'' • t. p' ° Secretary Memorandum TO: Noah Valenstein, Secretary THROUGH: John Truitt, Deputy Secretary of Regulatory Programs FROM: Alex Reed, Director, Division of Water Resource Management SUBJECT: Request for Signature Delegation for the Beach Management Funding Assistance Program and the Nonmandatory Land Reclamation Program DATE: June 22, 2018 ISSUE: The Division of Water Resource Management is requesting delegation of signature authority for the Beach Management Funding Assistance Program and the Non -mandatory land Reclamation Program, for those projects that are at the funding levels requiring signature by the Secretary and the Deputy Secretary. The projects are selected for funding pursuant to Legislative appropriation or the rules for each program. ASK: The Division requests delegation of final signature authority far the grant agreements and the amendments thereto associated with ali projects in the Beaches Management Funding Assistance Program and the Nonmandatory Land Reclamation Program. I hereby delegate final signature authority on the above grant agreements and amendments to the Division Director, Noah Valenstein, Seeetary Page 5206 of 6525 AMENDMENT NO. 1 TO AGREEMENT NO. 20002 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY This Amendment to Agreement No. 20002 is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Collier County, 2685 S. Horseshoe Drive, Unit 103 Naples, FL 34104 (Local Sponsor), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Local Sponsor for South Marco Island Beach Nourishment effective October 11, 2019; and WHEREAS, the parties wish to amend the Agreement as set forth herein as the Local Sponsor has requested updates to the Grant Work Plan, including updating the funding eligibility to increase the state cost share, and the Department has agreed; and WHEREAS, the Department is increasing the total amount of funding of the Agreement by $403,271.00 pursuant to Chapter 161.10](19), Florida Statutes; and WHEREAS, the Department is increasing the total amount of funding of the Agreement by $294,124.00 from the Fiscal Year 2020/2021 appropriation to the Project from the Beach Management Funding Assistance Program. NOW THEREFORE, the parties agree as follows: 1) Attachment 5, Special Audit Requirements, Exhibit 1 is hereby deleted in its entirety and replaced with Exhibit 1-A, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 5, Special Audit Requirements, Exhibit 1 shall hereinafter refer to Exhibit 1-A. 2) The total amount of funding of the Agreement is increased to $746,343. 3) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A, Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms and Conditions. 4) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan. 5) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT 131-ANK - Agreement No. 20002 I of 2 Rev, 1018/18 Amendment No.: I C _ _._— Page 5207 of 6525 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 Co my By: "Title: C'hQ�r Florida Department of Environme411-,6 tal Protection By: �1)11 Secretary or Designee Alex Reed, Director Office of Resilience and Coastal Protection Date: 03/05/2021 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Tyne Letter/Number Description Attachment 2-A Revised Special Terms and Conditions (2 pages) Attachment 3-A Revised Beaches Grant Work Plan (4 pages) Attachment 5, Exhibit 1-A Special Audit Requirements (3 pages) A7TESl' Approved as to form and legality " CRYSTAL K. KINZEL, CLERK C / BY: 1 �� �Assfisja�jjtCount ttarney test as hair n s Agreemen llft,117 2of2 Amendment No.: I Rev. 10/8i 18 "` ORCP Additional Signatures V �e n } e0 rg e Digitally signed by Vincent George 1 V Date: 2021.03.03 13:08:50-05'00' DEP Grant Manager Digitally signed by Avery Avery Lehmann Lehmann Date: 2021.03.03 14:08:18-05'00' DEP QC Reviewer Local Sponsor may add additional signatures if needed below. Page 5209 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO.20002 ATTACHMENT 2-A 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 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 begins on January 1, 2017 and ends at the expiration 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, for actual costs not to exceed the budget amount identified in Attachment 3. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2-A 1 of 2 Rev. 8/ 10/2020 Page maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage maybe 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. Additional Terms. None. Attachment 2-A 2 of 2 Rev. 8/10/2020 C ATTACHMENT 3-A REVISED GRANT WORK PLAN PROJECT TITLE: South Marco Island Beach Nourishment PROJECT LOCATION: The Project is located between Department of Environmental Protection (DEP) reference monuments R-143 and G-4 along the Gulf of Mexico in Collier County, Florida. PROJECT BACKGROUND: The project consists of nourishment of 1.1 miles of shoreline between DEP monuments R-143 and G-4 in Collier County. The South Marco Island Beach Restoration was completed in 1997, with nourishment following in 2007. Nourishment was completed again in 2013, including a storm recovery component partially funded by the Federal Emergency Management Agency (FEMA) to address damages sustained during Tropical Storm Fay. The structural repair of five existing erosion control structures was completed in coordination with the 2013 nourishment project. Nourishment was completed again in 2016, including a storm recovery component partially funded by FEMA to address damages sustained during Tropical Storm Debby. Nourishment was completed again in 2020 in response to Hurricane Irma storm damages. PROJECT DESCRIPTION: This Project consists of design, 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$746,343 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 6213-36, 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 pen -nits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: https://floridadep.gov/sites/default/files/PhysicalM onitoringStanda rds. pdf DEP Agreement No. 20002, Amendment 1, Attachment 3-A, Page 1 of 4 GO 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 FWC — Florida Fish and Wildlife Conservation Commission F.S. — Florida Statutes FEMA — Federal Emergency Management Agency 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(17)(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(17)(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; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. DEP Agreement No. 20002, Amendment 1, Attachment 3-A, Page 2 of 4 �A� 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 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: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. DEP Agreement No. 20002, Amendment 1, Attachment 3-A, Page 3 of 4 CA Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost Task # Eligible Project Tasks State Cost Share (%) Federal Estimated Project Costs DEP Local Total 1 Monitoring 26.98% $76,176.00 $206,166.48 5282,342.48 2 Design 26.98% $20,235.00 $54,765.00 $75 000.00 3 Construction 26.98% $649,932.00 $1,759,007.96 52,408,939.96 TOTAL PROJECT COSTS $746,343.00 52,019,939.44 $2,766,282.44 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date 1 Monitoring Contractual Services 576,176.00 1/1/2017 3/30/2024 2 Design Contractual Services $20,235.00 1/1/2017 3/30/2024 3 Construction Contractual Services $645,885.00 I/1/2017 3/30/2024 3 Construction Salary/Fringe $4,047.00 1/1/2017 3/30/2024 Total: $746,343.00 SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and fringe rate(s) by position may not exceed those indicated below. Task/Deliverable Number Position Title Hourly Rate Fringe Rate Project Manager $39.54 17.20% 2 Senior Field Inspector $3323 30.00% Senior Environmental Specialist $24.47 17.33% Environmental Specialist $22.50 17.75% DEP Agreement No. 20002, Amendment t, Attachment 3-A, Page 4 of EXHIBIT— 1-A FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING_ :Note. if the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and shrnr rural fOdernl rr cnnrrv.c ntt nrded Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA Number I CFDA Title Funding Amount State Appropriation Cate ory Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in tho -, --, n c chmrn h,/ntr Federal Program .A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(efi ibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment j, Exhibit 1 5 of 7 aGs-nEr ss 21 s '-x Reused hi019 v� Page 5216 of 6525', Note: if the resources awarded to the recipient for matching represent more than one federal program, provide the .tame information shown below for- each federal program and show total state resources awarded for nmtchin . State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program A Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.971 F S State Resources Awarded to the Recipient Pursuant to this A reement 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 FDEP, GR, GAA Line Item Beach Management Funding Original 91695 FY19/20 37.003 Assistance Program $48,948.00 140126 Amendment FDEP, LATF, GAA Line FY18/19 37.003 Beach Management Funding $403,�71.00 140126 1 Item 9 1597 Assistance Program Amendment FDEP, LATF, GAA Line FY20/21 37.003 Beach Management Funding $294,124.00 140126 1 Item # 1676 Assistance Program State CSFA Title State Program State CSFA or Appropriation B State Awarding Agency Fiscal Year Number Funding Source Description Funding Amount Catego Total Award $746.343.00 :'Fore: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DF,P for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc) listed under this category. Attachment 5, Exhibit 1 6of7 ,tea a, BGS-OEP 55-2 U ■ - Refired W-1019 Page 5217 of 6525 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apes.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four. State Projects Compliance Supplement[hM2s://gpps.fldfs.com/fsaa/state project compliance.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. Attachment 5, Exhibit 1 7 of scs-ner ss-zl s Revmd 7M I9 t Page 5218 of 6525 FLORIDA DEPARTMENT OF Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 MEMORANDUM FROM: Noah Valenstein, Secretary SUBJECT: Delegations of Authority DATE: 2/1/2021 Ron DeSantis Governor Jeanette Nunez Lt. Governor Noah Valenstein Secretary In accordance with DEP Directive 100, the following referenced delegation(s) are hereby delegated to the delegate(s) listed. Delegation Reference Delegate(s) DEL- 1D, $1,000,000 Signature Authority • Alex Reed, Director of Resilience and Coastal Protection DEL-IE, Over $1,000,000 Signature • Alex Reed, Director of Resilience Authority and Coastal Protection • Adam Blalock, Deputy Secretary of Ecosystems Restoration Limitations to the delegation(s): Signature Authority is granted only for Grant Agreements, for all projects under the Beaches Management Funding Assistance Program. The exercise of these delegations shall be consistent with all applicable rules, statutes, administrative directives, policies and procedures. These delegations should be exercised with a high degree of judgment and caution. If there is any doubt whether exercising this delegated authority is inconsistent with any of the above limitations, the person whom the authority is delegated shall not exercise the authority without first consulting Noah Valenstein, Secretary. This delegation of authority revokes, replaces, and supersedes all previous delegations within the Office of the Secretary and Office of Resilience and Coastal Protection. Page 5219 of 6525 AMENDMENT NO. 2 TO AGREEMENT NO. 20002 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY This Amendment to Agreement No. 20002, 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 S. Horseshoe Drive, Unit 103, Naples, FL. 34104 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for South Marco Island Beach Nourishment effective October 11, 2019. 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 S28,382.96 to S774,725.96. 2) The Agreement is extended for a 12-month period to begin September 30. 2024 and remain in effect until September 30, 2025. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terns and conditions provided in the Agreement. 3) Attachment 2-A, Revised Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-B, Second Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2-A shall hereinafter refer to Attachment 2-B. Second Revised Special Terms and Conditions. 4) Attachment 3-A, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-13, Second Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-A shall hereinafter refer to Attachment 3-B. Second Revised Grant Work Plan. 5) Attachment 5, Special Audit Requirements. Exhibit I -A. is hereby deleted in its entirety and replaced with Attachment 5, Special Audit Requirements, Exhibit 1-13, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5. Special Audit Requirements, Exhibit I -A, shall hereinafter refer to Attachment 5, Special Audit Requirements, Exhibit 1-B. 6) All other teens and conditions of the Agreement remain in effect. Ifand to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the tenns and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Collier County By: Title: Rick L.oCastro, Chairman Date: _�TUn,! 13. )'Oa. Approv d as to form and legabLy A rcy 20 2 Assistant County Al omey Florida Department of Environmental Protection Secretary or Designee Alex Reed, Director, Office of Resilience and Coastal Protection Date: 6/20/2023 Ameodment No.: 2' A-rrEs'r CRYSTAI_ K. KINIZ.F.L. CLE Attest as to Chairmf-AO) J signature only _ age 52`Z�-of 6525 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Tyne Letter/Number Description Attachment 3-B Second Revised Grant Work flan (5 pages) Attachment 2-B Second Revised Special Terms and Conditions (3 pages) Attachment 5, Exhibit I-B Special Audit Requirements (7 pages) Agreement No.: 20002 - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - of ? Amendment Na.: 2 Rev.311P-022 nc-�o Page 5221 of 6525 ORCP Additional Signatures Digitally signed by Anthony Anthony Sogluizzo Sogluizzo Date: 2023.06.20 08:11:23-04'00' DEP Grant Manager Randall Wilson Digitally signed by Randall Wilson Date: 2023.06.20 10:04:42-04'00' DEP QC Reviewer Local Sponsor may add additional signatures if needed below. Page 5222 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Second Revised Special `Perms and Conditions AGREEMENT NO.300O2 ATTACHMENT 2-B These Special 1'erms and Conditions %hall be read together with general terms outlined in the Standard Terms and Conditions. Attachment 1. Where in conflict, these more specific terms shall appl}. 1. Scope of Work. The Project funded under this Agreement is 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 tar this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available t'or this Project. c. tiers icc Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. C'ont ensatinn This is a cost reimbursement Agreement. The CiranteC shall be compensated under this Agreement as described in Attachment 3. h. Invoicine. 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 foliowing budget, categories. as defined in the Reference Guiide for State Expenditures, as indicated: Reimbursement Match C'atrgon ® ❑ Salaries/Wages Overheadllndirect/General and Administrative Costs: ® ❑ a. Fringe Benefits. NIA. © ❑ b. Indirect Costs, NIA. ® ❑ Contractual (Subcontractors) ❑ ❑ ']'ravel. in accordance with Section 112. F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5, Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement 7. Match Requirements See Attachment 3, Grant Work flan. 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 Iimits described belo%v. The limits of coverage under each policy Attachment 2-B I o1'3 Kcv. 01 I12022 Page 5223Q: 25 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or ailernatiyely. Grantee may provide coverage through a sell' -insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, howc,er the minimum insurance requirements applicable to this Agreement are- a. Commercial General Uabilitv Insurance. The Grantee shall provide adequate commercial general Iiahilit) insurance coverage and hold such liability insurance at all times during the Agreement, The Department. its employees, and officers shall be named as an additional insured on any general liability pulicies. The minimum limits shall be $250,000 tar each occurrence and $500.000 policy aggregate. b. Commercial Automobile Insurance. tribe Grantee's duties include the use of a commercial vehicle. the Grantee shall maintain automobile liability, bodily injure. and property damage coverage. insuring clauses for both bodily injury and property damage shall provide enverage on an oceurrencc basis. The Department, its cmployecs. and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as Hollows: $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' Com ensation and i;m JO er's Liabilit • Coverau. The Gran Icc shall provide workers' compensation, in accordance ►%ith Chapter 440. F.S. and employer liability coverage with minimum limits ❑r$100.000 per accident. $100.000 per person, and $500.000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None, 9. Quality Assurance Requirements. 'there are no special Qualit] 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 Granice may subcontract work under this Agreement without the prior %kriLien consent of the ❑epartmeni'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 ❑epartment prior to submitting any invoices for subeontracted 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— 6rmlpersonlcorporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also till out and return 111JR 1808 before contract execution] I f Contractor is a common carr'scr pursuant to section 908.1 1 111 l[a). Florida Statutes. the Department will terminate this contract immediately if Contractor is liwnd to be in violation ol'the law or the attestaliun in PUR 1808. b. Applicable to solicitations l"or a common carrier— Before contract execution. the winning Contractor(5) must fill out and return PUR 1808. and attest that it is not wiIIfuIly providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States Attachment 2-B 2 nl'3 Rev. 1 UI I 1 M22 n Page 5224 of 6525 according to the terms of the federal immigration and Nationality Act. 8 U,3.C. ss. 1 101 ct seq. The Department will terminate a contract immediately if Contractor is found to be in violation of'lhe law or the altestalion in PUR 1808 15. Additional Terms. None Attachment 2-S 3 of 3 Acv 10/11/2022 r Page 522ZCQ-5 ATTACHMENT 3-B SECOND REVISED GRANT WORK PLAN PROJECT TITLE: South Marco Island Beach Nourishment PROJECT LOCATION: The Project is located between Department of Environmental Protection (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 R 143 and R 148+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 stonn recovery component with FEMA funds to repair damages from Tropical Storm Debby. The most recent nourishment was in 2020. which used dredged material from Caxambas Pass and repaired damages from Hurricane Irma. PROJECT DESCRIPTION: This Project consists of design, 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 $774.725.96 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 1 12.061. Florida Statute (F.S.). Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 6213-36.005(1)(d). 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 pen -nits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: htt s: floridade P.gov/s itesdefault files Ph sicaWonitorin Standards. Pdf One ( l ) electronic copy of al written reports developed under this Agreement shall be for%Aarded 10 thti Department, unless otherwise specified. DEP Agreement No. 20002, Amendment 2, Attachment 3-13, Page 1 of 5 CAO Page 5226 of 6525 Acronyms: DEP - Florida Department of Environmental Protection F.A.C. - Florida Administrative Code FWC - Florida Fish and Wildlife Conservation Commission F.S. - Florida Statutes FEMA - Federal Emergency Management Agency 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 l: 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 287.457{ 17}(a)t 1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor pennittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.457{ 17}(a)(l ), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post - construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit -required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task. unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 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. 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. 20002, Amendment 2. Attachment 3-13. Page 2 of 5 CAO Page 5227 of 6525 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 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 focal 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. Tile Task Summary Report must include the dates and descriptions ofall 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 Services] Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach till, 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 ofsubmittal to the Department affimiing the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. DEP Agreement No. 20002, Amendment 2, Attachment 3-8. Page 3 of 5 8 Page 5228 of 6525 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 wort: 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 staffincluding 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 # r1huihle Project Tasks Cost Estimated DEP Local Total Share Project (%) Costs 1 Monitoring 26.98% 5104,558.96 $282.983.52 5387,542.48 2 Design 26,98% $20235.00 $54,765.00 $75,000.00 3 1 Construction (Contractual 5645,885.00 $1,748.054.96 52,393,93996 Services) 26.98% 3.2 Construction(SalaryfFringe) 510,953.00 $15,000.00 26.98%54,047.00 TOTAL PROJECT COSTS $774,725.96 $2,096,756.4$ 52,871,482.44 DEP Agreement No.'_DCO2, Amendment 2. Attachment 3-13, Page 4 0f5 CRO Page 5229 of 6525 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date I Monitoring Contractual Services S104.558.96 01/01/2017 06/30/2025 2 Design Contractual Services S20,235.00 01/01/2017 {16/30/2025 3.1 Construction Contractual Services $645.885.00 01/01/2017 06/30/2025 3.2 Construction Salary/Fringe $4.047.00 01/01/2017 06/30/2025 Total: 5774.725.96 SALARY AND FRINGE BENEFITS BY TASK: Cost reimbursable hourly and 1dnge rate(s) by position may not exceed those indicated bclnw. Task/Deliverable Number Position Title Hourly Rabe Fringe 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'_, Attachment 3-13, Page 5 of 5 S Page 5230 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department a Environmental Protection (which may be referred to as the "Department ""UEP", "FDEP" or "G+antol ar other name in the agreement) to the recipient (is hic•h may he r.Prred to as the "Recipient". 'Urantee"oraiher nume in dw agreement} may be subject to audits and/or monitoring by the Department of Environmental Protection, as deser1bed in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200. -Subpart F-Audit Requirements, and Section 215,97. F,S_ as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, gin -site visits by DEEP Department staff, limited scope audits as defined by 2 CFR 200.425. or other procedures. By entering into this Agreement, the recipient agrees to complti and cooperate' with any monitoring procedures/processes deemed appropriate by the Department of'Envimnmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply Nvith any additional instructions provided by the Department to the recipient regarding such audit. The recipient Wrther agrees to comply and cooperate with any inspections. reviews, investigations, or audits deemed necessary by the Chicl' Financial Officer (CFO) or Auditor General. A111)1.1•S PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFI §200.330 A recipient that expends S750.000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions oft CFR Part 200. Subpart 1.'. FXHIBiT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year. the recipient shall consider all sources of federal awards, including federal resources received from the Department ttl' Environmental Protection, The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted b,6 the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1. the recipient shut 1161fiII the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipiicnt that cxpends less than S750.000 in federal awards in its I iseal year is not required to have an audit conducted in accordance with the provisions of 2 CFR fart 200. Subpart F-Audit Requirements. If the recipient cxpends less than $750.000 in lcderal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F .Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e.. the cost of' such an audit must be paid from recipient resources obtained from other federal entities. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet at httpsals;tm.govlconten t�assistanve-listings. attachment 5 1 ol•7 14GS-W 55 215 revreed 111$12022 Page 5231 of 6525 PART 11; STATE FUNDED This part is applicable il'the recipient is a nonstate entity as defined by Section 2 1597(2), Florida Statutes. In the event that the recipient expends a total amount ol'statc financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending .tune 30, 2017. and thereaRcrl, the recipient must have a State single or project -specific audit fior such fiscal year in accordance ►vith See tit) 215.97, F,S.: Rule Chapter 691-5. F.A.C.. State Financial Assistance: and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organisations), Rules of the Auditor General. i-- xtIIiirr I to this form lists the state financial assistance awarded through the DepartmenI of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the I]cpar4ment of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass -through awards and resources received by a nonstaw entity liar Federal program matching requirements. 2. In connection ►vith the audit requirements addressed in Part 11, paragraph 1: the recipient shall ensure that the audit complies ►►ith the requirements of Section 215.97(8). Florida Statutes. This includes submission afa financial reporting package as defined by Section 215.97(2). Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -pm Fit organizations). Rules of the Auditor General. 3. 1 fthe recipient expends less than 5750.000 in state financial assistance in its fiscal year ( for fiscal year ending June 30. 201T and thereafter), an audit conducted in accordance with the provisions of Section 215.97. Florida Statutes, is not required. In the event that the recipient expends less than 5750,000 in state financial assistance in its fiscal year. and elects to have an audit conducted in accordance ►with the provisions of Section 2 1597. Florida Statutes• the cost of the audit must he paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog ofState Financial Assistance (CSFA ), a recipient should access the Florida Single Audit Act website located at ht :11 s,ildfs. oinTsiia rDr assistance. In addition to the above ►vebsites. the following websites may be accessed for intormation: Legislature's Website at htt :1.►►►►u.lc .state.fl.uslW •l omelindex, fm, State of Florida's website at t Ih+i►►v m Florida, oml, Department of Financial Services' Website at http:Ilvv►►►%.Ildt', ,.comiand the Auditor General's Websitc at hu :;�►►►►►►.nn Rorida.comhtud enl. PART III: OTHER AUDIT REQUIREMENTS 00TF.: This parr would be used to sped eu;v additional audit requirements imposed by the State mrarding enti(v that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or Stare laws and is nor in corner ii�ith other Federal or State artdil requirements). l'rer;siranl to Seerion 215. 97f8), Florida Statues, .State agencies nrav conduct or arrange for audits of Stare f i►rancial assistance that are in addition to audits conducted in accordance with Section 215.97. Florida Statutes. In such an event, the Sate awarding agent v nurst arrange. for funding the fall cost of such additional audits.) PART IV: REPORT SUBMISSION Copies or reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this limn shall be submitted. when required by 2 CFR 200.512. by or on behalf ol'the recipient directly to the Federal Audit Clearinghouse (FAC) as pro► ided in 2 CFR 200.36 and 200.512 A. 'I'he Federal Audit Clearinghouse designated in 2 CFR p200.501(a) (the number of copies required by 2 CFR §200.50](a) should be submitted to the Federal Audit Clearinghouse1. at the following address: Attachment 5 2 of 7 WS•I)FT 55-21.5 revised 11/8/2022 X�\ Page 5232 of 6525 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or alter January I, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry Svs[cm which can be found at h tt •Ilha r%vster. •ensu; ovl Qcvvebl �. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient dir_ ectly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Oflice of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Electronically: FDE.PSin TleAudivdu dep. s tat c. 11. u .4 13. The Auditor General's Oftice at the Ibllm%ing address: Auditor General Local Government Audits1342 Claude Pepper Building, Room 401 1 1 1 West Madison Street Tallahassee. Florida 32399-1450 The Auditor General's websitc {htt V.//tlauditor, fz o. v I provides instructions for filing an electronic copy ora financial reporting package. Copies of reports or management letters rOLILired by PARE' III of this Attachment shall be submitted by or on behalf of'the recipient directh to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Cnvironmental Protection 01']ice of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Electronically: FDV.'PSinglcAudit'u dep.stutc.11 us Any reports, management letters. or tither intnrmation required to be submitted to the Department (if' Environmental Protection pursuant to this Agreement shalt be submitted timely in accordance with 2 CFR 200,512. section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 fnanpmfit and for -profit organi-rationsj, Rules of the Auditor General, as applicable. Attachment 5 3 ol-7 BGS-DEP 55-215 revised 11/812022 Page 5233 of 6525 5. Recipients, when submitting financial reporting packages to the Department of EnvironmentaI protection For audits done in accordance with 2 CFR 200. Subpart F-Audit Requirements, or C'haptcrs 10,550 {local governmental entities) and 10.650 (non and for -profit organizations). Rules oi'the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental protection, or its designee, Chief' Financial Officer, or Auditor Cieneral access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial 01711cer, or Auditor Cieneral upon request for a period of three (3) years loom the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 o!' 7 BG5-DEP 55-215 rcvixd I lla12n22 Page 5234 of 6525 MR 5L C fl C CI C CC m Page 523SZN 25 V c u � C L V C Q L � a C o G � � d C C L c+ 5 v v L: V U 0 v C a U e Q i^ a o 3 L a. d GO aJ a e, � d C 41 L i 6. �T = U1, 6. C7 s, LT- a+ C C C 03 E C � fs. v; � -xr n nl aNc E N C T N — rr1 E a oc r- -T oc V GO C C a VIP 0 ri C CJ3 NJ mu Do x C C C �. C r E E j u E J J CZ E v L Q Q C `c cl, _Wi W r C r 'J U q v L L 4d en ma E L _ U Z r, r-, r- r; Z e h w J — =1 ,Cd ca a a u C J V a [ C i � 40 rA < L:.yr, J c y � S M _ci 53 to ¢ 3 L Q ~ ~ y C d L .1 a � C J C V C J E t L tc ap .; C •eq G -^ G ^- E rV Y r a rj v u v v Vt O tC 16. E E E a C F W. in a CAC Page 5236 bf 6 2 L3§ § / 2 0 Q-Z 7f} �gEg §«� ƒ zi 7,\/ � �,¥ LC% 2 E §%'k -§2rC �2% /2 is 22 \\\ ak« QR�� 2 § Z3, 2 E tat f§kJ �Z3 ƒmo/a Z �\\ ƒ/�7 E- � .., %0 7k§2 Z2k )2 . p • ri 161 Fj Ek��2 / k ( « ■ / ] :3 Q. 22\\ E k e e j a - $ /( 2�& �f6no \ / � k � \ •§ \ \k/ ƒkk§\ f 2 w� a� Page 5237 iol 2 25 AMENDMENT NO.3 TO AGREEMENT NO. 20002 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY This Amendment to Agreement No. 20002, 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 11, 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 #1856); 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: 1) 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 (15) month period to begin October 1, 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 2-13 shall hereinafter refer to Attachment 2-C, Third Revised Special Terms and Conditions. 5) Attachment 3-13, 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.: 20002 Amendment No.: 3 1 of 2 Rev. 7/18/2023 Page 5238 of 6525 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 By: Title: Burt Saunders, Chairman Date: 31 it ! 2.5 Florida Department of Environmental Protection Secretary or Designee Alex Reed, Director Office of Resilience and Coastal Protection Date: 3/20/2025 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Descrintion 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 I-C Special Audit Requirements (3 pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - L!s A pkssistant o form and legality 0 ATTh'S 1 oun j Attorney CRYST ' L IC � L, CLFRK BY: Attest as to Chairman's signature only Agreement No.: 20002 Amendment No.: 3 2 of 2 Rev. 7/18/2023 CC A0) Page 5239 of 6525 ORCP Additional Signatures Cali Mach Cali Mauch Datea1ly 2025.03.17signedy12:31 54u 04'00' DEP Grant Manager Nathan Ve itch Digitally signed by Nathan V4' Date: 2025.03.19 09:00:41-0400' DEP QC Reviewer Local Sponsor may add additional signatures if needed below. Page 5240 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1-A 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1-A 1 of 14 Rev. 8/16/2024 Page 5241 of 6525 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department Attachment 1-A 2of14 Rev. 8/16/2024 Page 5242 of 6525 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 under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request i£ 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: https://floridaj obs.org/community-planning-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. Attachment 1-A 3of14 Rev. 8/16/2024 Page 5243 of 6525 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.myfloridacfo. com/division/aa/local-governments/judgement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 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 Attachment 1-A 4of14 Rev. 8/16/2024 Page 5244 of 6525 subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. Attachment 1-A 5of14 Rev. 8/16/2024 Page 5245 of 6525 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. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. Attachment 1-A 6of14 Rev. 8/16/2024 Page 5246 of 6525 If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT Attachment 1-A 7of14 Rev. 8/16/2024 Page 5247 of 6525 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 be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized Attachment 1-A 8of14 Rev. 8/16/2024 Page 5248 of 6525 23. a. C. d. 24. 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. 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 bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. Compliance with Federal, State and Local Laws. 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. 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. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. Attachment 1-A 9of14 Rev. 8/16/2024 Page 5249 of 6525 If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: https://www.epa.gov/invest/investing-america-signage. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. Attachment 1-A 10 of 14 Rev. 8/16/2024 Page 5250 of 6525 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.myflorida.com/library-archives/records-mana eg ment/general-records-schedules. 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs. com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. Attachment 1-A 11 of 14 Rev. 8/16/2024 Page 5251 of 6525 e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier 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 of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. Attachment 1-A 12 of 14 Rev. 8/16/2024 Page 5252 of 6525 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 be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 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, contractors 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. If the 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. Attachment 1-A 13 of 14 Rev. 8/16/2024 Page 5253 of 6525 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: (1) 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. (1) such materials are 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 are necessary for operation or concealment (excepting transmission and distribution poles) are 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 be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1-A 14 of 14 Rev. 8/16/2024 Page 5254 of 6525 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Third Revised Special Terms and Conditions AGREEMENT NO.20002 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. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 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 1 of 3 Rev. 7/08/24 Page 5255 of 6525 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. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The 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 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2-C 2of3 Rev. 7/08/24 Page 5256 of 6525 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. Attachment 2-C 3 of 3 Rev. 7/08/24 Page 5257 of 6525 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 6213-36, 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: httr)s:Hfloridaden. izov/sites/default/files/PhvsicalMonitoriniiStandards.ndf DEP Agreement No. 20002, Amendment 3, Attachment 3-C, Page 1 of 5 Page 5258 of 6525 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; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal 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 Page 5259 of 6525 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. 20002, Amendment 3, Attachment 3-C, Page 3 of 5 Page 5260 of 6525 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 I 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 (Salary/Fringe) 26.98% $4,047.00 $10,953.00 $159000.00 TOTAL PROJECT COSTS 1 1 $833,434.751 $29255,648.841 $3,0899083.59 DEP Agreement No. 20002, Amendment 3, Attachment 3-C, Page 4 of 5 Page 5261 of 6525 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable 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 Number Position Title Hourly Rate Fringe Rate (%) 3.2 Project Manager $39.54 17.20% Senior Field Inspector $33.23 30.00% Senior Environmental Specialist $24.47 17.33% Environmental Specialist $22.50 17.75% DEP Agreement No. 20002, Amendment 3, Attachment 3-C, Page 5 of 5 Page 5262 of 6525 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. serviceskfloridadep.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 1 of 1 Rev. 4/8/2024 Page 5263 of 6525 EXHIBIT —1-C FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Reci Tent Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation 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 A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5, Exhibit 1-C 1 of 3 BGS-DEP 55-215 Revised 7/2019 Page 5264 of 6525 Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal nrooram and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program A Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title FundingAmount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subiect to section 215.97. F.S. State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation A State Awarding Agency Fiscal Year' Number Funding Source Description Funding Amount Category Florida Department of Beach Management Funding Original Environmental Protection 2019-2020 37.003 Assistance Program, GAA Line Item $48,948.00 140126 # 1695, 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 Protection 2020-2021 37.003 Assistance Program, GAA Line Item $294,124.00 140126 41676, 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 Amendment Florida Department of Beach Management Funding 3 Environmental Protection 2023-2024 37.003 Assistance Program, GAA Line Item $28,895.89 140126 # 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 #1856, LATF 1 Subject to change by Change Order. Attachment 5, Exhibit I-C 2of3 BGS-DEP 55-215 Revised 7/2019 Page 5265 of 6525 State Program B State Awarding Agency State Fiscal Year' CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award 1 $833,434.75 Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [hitps:Hsam.jzov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [h!Ws:Hgpps.fldfs.com/fsaa/searchCatalog.asox], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement[https:Hgpps.fldfs.com/fsaa/state project compliance.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 of 3 BGS-DEP 55-215 Revised 7/2019 Page 5266 of 6525