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2021-054
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2021-054
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Last modified
5/27/2021 10:47:24 AM
Creation date
4/22/2021 2:17:31 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/13/2021
Control Number
2021-054
Agenda Item Number
8.D.
Entity Name
Florida Department of Environmental Protection (FDEP)
Subject
Grant Agreement 211R1 Vero Beach Restoration Sector 5 Construction and Monitoring
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number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: <br />https:\\apns.fldfs. com\fsaa. <br />d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, <br />Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to <br />the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. <br />Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR <br />200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, <br />general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty <br />(30) days of such request. <br />e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not <br />commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees <br />are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds <br />specifically budgeted and/or received for one project may not be used to support another project. Where a <br />Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, <br />shall establish a system to provide adequate fund accountability for each project it has been awarded. <br />L If Department finds that these funds have been commingled, Department shall have the right to <br />demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement <br />for non-compliance with the material terms of this Agreement. The Grantee, upon such written <br />notification from Department shall refund, and shall forthwith pay to Department, the amount of <br />money demanded by Department. Interest on any refund shall be calculated based on the prevailing <br />rate used by the State Board of Administration. Interest shall be calculated from the date(s) the <br />original payment(s) are received from Department by Grantee to the date repayment is made by <br />Grantee to Department. <br />ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by <br />Department, from another source(s), Grantee shall reimburse Department for all recovered funds <br />originally provided under this Agreement and interest shall be charged for those recovered costs as <br />calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is <br />made to Department. <br />iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do <br />not apply to agreements where payments are made purely on a cost reimbursement basis. <br />28. Conflict of Interest. <br />The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any <br />manner or degree with the performance of services required. <br />29. Independent Contractor. <br />The Grantee is an independent contractor and is not an employee or agent of Department. <br />30. Subcontracting. <br />a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed <br />solely by Grantee. <br />b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For <br />cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, <br />or non-compliance with an applicable Department policy or other requirement. <br />c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee <br />employee, subcontractor, or agent. <br />d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work <br />in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any <br />subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under <br />any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred <br />under any subcontract. <br />e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the <br />Department's facilities, unless the basis of Department's denial is safety or security considerations. <br />f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities <br />afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full <br />diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting <br />opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. <br />g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by <br />the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both <br />Attachment 1 <br />10 of 11 <br />Rev. 8/10/2020 <br />
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