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2024-049
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Last modified
3/18/2024 12:48:46 PM
Creation date
3/18/2024 12:48:43 PM
Metadata
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Template:
Official Documents
Official Document Type
Amendment
Approved Date
03/05/2024
Control Number
2024-049
Agenda Item Number
8.K.
Entity Name
Florida Department of Environmental Protection (FDEP)
Subject
Amendment No.2 FDEP Grant Agreement No. 19IR2 Hurricane Irma
Recovery Project Sector 7 Beach and Dune Restoration
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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> RYAN L. BUTLER, CLERK <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 /> 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. Taxes.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: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- <br /> agencies/reference-guide-for-state-expenditures.pdf. <br /> e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a <br /> "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee <br /> may request from the Department that all invoice payments(i.e.,cost reimbursement)under this Agreement be <br /> directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's <br /> request if: <br /> i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or <br /> "rural area of opportunity"under subsection 288.0656(2),F.S.; <br /> ii. Grantee demonstrates current financial hardship using one(1)or more of the "economic distress" <br /> factors defined in subsection 288.0656(2)(c),F.S.; <br /> iii. Grantee's performance has been verified by the Department,which has determined that Grantee is <br /> eligible for cost reimbursement and that Grantee's performance has been completed in accordance <br /> with this Agreement's terms and conditions;and <br /> iv. Applicable federal and state law(s),rule(s)and regulation(s)allow for such payments. <br /> This subsection may not be construed to alter or limit any other applicable provisions of federal or state law,rule, <br /> or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: <br /> httus://floridaiobs.orecommun ity-planning-and-development/rural-community-programs/rural-areas-of- <br /> opportunity. <br /> f. 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 /> g. 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 /> Attachment 1-A <br /> 3 of 13 <br /> Rev.9/15/2023 <br />
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