23-3382 Agreement with FDEP - Land and Water Conservation Fund Grant for Dew Drop Park Improvement Project

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4. Deliverables. The Grarnee agrees to render the services or other units ofdeliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of (letiverab[us shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprise([ of activities that must be comp[etcd prior to Dcpartntent making payment on that deliverablc. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance [Measures. The Grantce warrants that: (I) the services will be performcd by qualified personnel; (2) the services wilt be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the su vices shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrarrteos shall comply with any security and safety raluirements and processes, if provided by Department, For work clone at the Project Locatiou(s), The Department reserves the right to investigate or inspect at any time to detcrntirte. whether the services or qualifications offered by Grantce meet the Agreement requirements. Notwithstanding any provisions herein to [lie contrary, written acceptance of a particular deliverable docs not foreclosc Department's rcmedics in the event deficiencies in tile. deliverablc cannot be readily measured at the time of delivery. 6. Acceptance of Deliverahles. a. AccChtan(:c I_ recess, All delivcrahles must be received and accepted in writing by Department's Grant Manager belore payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a rcasotaablc time at Grantee's expense. If Department's Grant Managcr does not accept the deliverables within 30 days of reccipt, they will be deemed rejected, b. kCjeiai�tt.yf l)cliveraf>Ics, The Department reserves the right to rQ1ect cicliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or tulacccptable clue, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. [ailuro to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected dcfivetablc will not be issued unless the refected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. W flit hotdirig Paytionk, Ill addition to the specific conscqucnces explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has [idled to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. h. Invoice reduction If Gr mice docs not meet a deadline for any deliverable, the Department will reduce the invoice by I(%) for each day the deadline is missed, unless an extension is approved in writing by the Department. c C ol,rective FAction Plan. It'Cirantec fails to correct all the deficiencies in a rejected deliverable within tine specified tirneicame, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantce to Dcpartnent. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performcd in no naorc than sixty (60) calendar days. i. The, Grantee shall submit a CAP within ten (10) days of tine date of the written request from Department. The CAI' shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of reccipt of a CAP, Department shall notify Grantee ill writing whether the CAP proposed has been accepted. If tlic CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP, Failure to obtain Department approval ofa CAP as specified above may result in Department's termination of' this Agreement for cause as authorized in this Agreement, fi. Upon Departnent's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee ol'any of' its obligations under the Agreement. in the event the CAI' fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of' 13 Rev, 8/8/2023