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2019-028
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Last modified
12/27/2019 12:08:34 PM
Creation date
2/13/2019 11:52:34 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/05/2019
Control Number
2019-028
Agenda Item Number
8.S.
Entity Name
Florida Department of Environmental Protection (FEDP) (DEP)
Subject
Notice of grant award for public access and improvements
Land and Water Conservation Fund
Area
Hallstrom Farmstead Conservation Area
Project Number
LW695
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5. Performance Measures. <br />The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the <br />kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and <br />workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe <br />upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, <br />subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided <br />by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect <br />at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. <br />Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose <br />Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. <br />6. Acceptance of Deliverables. <br />a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager <br />before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain <br />outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the <br />deliverables within 30 days of receipt, they will be deemed rejected. <br />b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant <br />Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory <br />performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will <br />be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or <br />activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated <br />invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made <br />acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may <br />allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's <br />failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an <br />event of default. <br />7. Financial Consequences for Nonperformance. <br />a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or <br />Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the <br />Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences <br />for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered <br />penalties. <br />b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified <br />timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be <br />submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies <br />in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. <br />i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from <br />Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days <br />of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been <br />accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department <br />letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department <br />approval of a CAP as specified above may result in Department's termination of this Agreement for <br />cause as authorized in this Agreement. <br />ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to <br />commence implementation of the accepted plan. Acceptance of the proposed CAP by Department <br />does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails <br />to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to <br />require additional or further remedial steps, or to terminate this Agreement for failure to perform. <br />No actions approved by Department or steps taken by Grantee shall preclude Department from <br />subsequently asserting any deficiencies in performance. The Grantee shall continue to implement <br />the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to <br />Department as requested by Department's Grant Manager. <br />iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the <br />performance of the Agreement as specified by Department may result in termination of the <br />Agreement. <br />Attachment 1 <br />2 of 11 <br />Rev. 8/28/18 <br />
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