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The table below identifies the funding supporting this Agreement and EPA Grants and TMDL <br /> funds: <br /> Federal Funding Source CFDA Program Title Fundin Amount <br /> C9-99451512-0 66.460 Nonpoint Source $850,000.00 <br /> Implementation Grants <br /> State Funding CSFA Funding Source Funding Amount <br /> Line Item Appropriation <br /> Water Quality Assurance 37.039 Statewide Surface Water $376,900.00 <br /> Trust Fund, Line Item Restoration and Wastewater <br /> 1662,SFY 2012-2013 Projects <br /> Water Quality Assurance 37.039 Statewide Surface Water $1,000,000.00 <br /> Trust Fund,Line Item Restoration and Wastewater <br /> 1620,SFY 2013-2014 Projects <br /> Total Funding: $2,226,900.00 <br /> 2. Paragraph 30 is hereby deleted and replaced with the following: <br /> 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance <br /> with the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted <br /> in such manner as to be effective and valid under applicable law, but if any provision of this <br /> Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective <br /> to the extent of such prohibition or invalidity,without invalidating the remainder of such provision <br /> ® or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall <br /> be brought in Leon County,Florida. <br /> 3. The following language is hereby added as paragraph 32: <br /> 32. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event <br /> that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the <br /> services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, <br /> within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory <br /> deliverable is not submitted within the specified timeframe, the Department may, in its sole <br /> discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant <br /> Manager may, by letter specifying the failure of performance under this Agreement,request that a <br /> proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All <br /> CAPs must be able to be implemented and performed in no more than sixty(60)days. <br /> A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request <br /> from the Department. The CAP shall be sent to the Department Grant Manager for <br /> review and approval. Within ten (10) calendar days of receipt of a CAP, the Department <br /> shall notify the Grantee in writing whether the CAP proposed has been accepted. If the <br /> CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the <br /> Department letter rejecting the proposal to submit a revised proposed CAP. Failure to <br /> obtain the Department approval of a CAP as specified above shall result in the <br /> Department's termination of this Agreement for cause as authorized in this Agreement. <br /> B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have <br /> ten(10)calendar days to commence implementation of the accepted plan. Acceptance of <br /> the proposed CAP by the Department does not relieve the Grantee of any of its <br /> obligations under the Agreement. In the event the CAP fails to correct or eliminate <br /> ® performance deficiencies by Grantee, the Department shall retain the right to require <br /> DEP Agreement No.G0353,Amendment No. 1,Page 2 of <br /> 130 <br />