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2023-140B
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Last modified
8/28/2023 10:24:25 AM
Creation date
8/28/2023 10:08:59 AM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/11/2023
Control Number
2023-140B
Agenda Item Number
8.X.
Entity Name
Florida Department of Environmental Protection (FDEP)
Subject
Revised Grant Agreement 231R2 for 2022 Hurricane Ian and Nicole Recovery Project
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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 />8. Payment. <br />a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable <br />established by the Grant Work Plan, and the billing procedures established by Department, Department agrees <br />to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). <br />b, J&&M The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, <br />however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or <br />for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with <br />Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee <br />shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this <br />Agreement. <br />c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an <br />amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of <br />this Project are the responsibility of Grantee. <br />d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs <br />upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. <br />Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for <br />reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State <br />funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the <br />following web address: htt2s://www.mvfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- <br />agencies/re ference-guide-for-state-exoendi tures.odf. <br />e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department <br />pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and <br />post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in <br />accordance with the Grant Work Plan. <br />f. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit <br />organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that <br />indicates the amount of state funds: <br />i. Allocated to be used during the full term of the contract or agreement for remuneration to any <br />member of the board of directors or an officer of Contractor. <br />ii. Allocated under each payment by the public agency to be used for remuneration of any member of <br />the board of directors or an officer of the Contractor. <br />The documentation must indicate the amounts and recipients of the remuneration. Such information must be <br />posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be <br />posted on the Contractor's website, if Contractor maintains a website. <br />g. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of <br />deliverables to date have first been accepted in writing by Department's Grant Manager. <br />h. Final Payment Reouest. A final payment request should be submitted to Department no later than sixty (60) days <br />' following the expiration date of the Agreement to ensure the availability of funds for payment. However, all <br />work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the <br />Agreement. <br />i. Annual Annronriation Contingency, The State's performance and obligation to pay under this Agreement is <br />contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future <br />appropriations. Authorization for continuation and completion of work and any associated payments may be <br />rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates <br />appropriations. <br />j. Interest Rates, All interest rates charged under the Agreement shall be calculated on the prevailing rate used by <br />the State Board of Administration. To obtain the applicable interest rate, please refer to: <br />www.mvtloridacfo.com/Division/AA;Vendors/default.httn. <br />Attachment 1 <br />3of13 <br />Rev. 7/12/2023 <br />
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