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07/29/2019 Agreement OpEFAR' a FLORIDA DEPARTMENT OF RonGoventor Environmental Protection Jeanette Nunez i o Lt.Governor ��ro Marjory Stoneman Douglas Building NoahValenstein Msn,TAL e� 3900 Commonwealth Boulevard Secretary Tallahassee,FL 32399 August 2, 2019 Michael Roberts,Grant Manager Monroe County 2798 Overseas Highway Marathon, FL 33050 Re: DEP Agreement Number R1915 Monore County Resilient Coastlines Program Dear Michael Roberts: As lead agency for the Florida Resilient Coastline Program(FRCP), the Department of Environmental Protection(DEP), Office of Resilience and Coastal Protection(RCP) is pleased to confirm the award of funds to Monroe County in the amount of$40,400 for the grant execution date through April 30, 2020. Enclosed is an executed copy of the award agreement(with attachments)for the grant. In future correspondence to the FRCP, please refer to your project by the DEP agreement number and title referenced above, and direct the correspondence to Whitney Gray,Grant Manager, at the address provided on page one of the agreement. The project manager may obtain the forms necessary for electronic grant reporting from the FRCP website at: hit, //f`loriclacle .g�v/resilience. Congratulations on receiving the FRCP grant funds. We look forward to working with you to protect and enhance the state's coastal resources. Sincerely, Kevin Claridge Director Office of Resilience and Coastal Protection STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: l. Project Title(Project): Agreement Number: Resilient Coastlines Program R1915 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard (Department) Tallahassee, Florida 32399-3000 Grantee Name: Monroe County Board of County Commissioners Entity Type:Local Government Grantee Address: 1100 Simonton Street, Key West,FL 33040 FEID: F59-6000749 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution June 30,2020 4. ProjectNumber: R1915 Project Location(s): ntnrroe Cu- ty.Ft.24 S55r N.93.7x26•w (If different front Agreement A'ttmber) Project Description:This proposed work continues Monroe County's effort to increase resiliency through Comprehensive Plan amendments to 1)comply with Peril of Flood requirements through text and organizational amendments and 2)updates of Elements to incorporate vulnerability work of the County. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount er Source s $40,400.00 ® State ❑Federal CSFA#37.098 $40,400.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $40,400.00 6. Department's Grant Manager Grantee's Grant Manager Name: Whitney Gray Name: Michael Roberts or successor or successor Address: 3900 Commonwealth Blvd. Address: 2798 Overseas Highway —_ MS235 Marathon,FL 33050 Tallahassee,FL 32399 Phone: 850-245-2098 Phone: 305-289-2502 Email: Whitney.Gray@FloridaDEP.gov Email: roberts-michael@monroecounty-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: ® Attachment I: Standard Terms and Conditions Applicable to All Grants Agreements ® Attachment 2: Special Terms and Conditions LI Attachment 3: Grant Work Plan ® Attachment 4: Public Records Requirements ® Attachment 5: Special Audit Requirements ® Attachment 6: Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)-Copy available at hups.idficts.11dl's.cmn,in accordance ksilh215.985,F.S ❑ Attachment 8: Federal Regulations and Terms(Federal) * Additional Attachments(if necessary): ® Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form ® Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ® Additional Exhibits(if necessary): Exhibit F: Final Report Form,Exhibit G: Photographer Release Form DEP Agreement No. R1915 Rev,6120118 8. The following information applies to Federal Grants only and is identified in accordance w7?CFII 200.331(a)(1); Federal Award'Identification Numbers FAIN Federal Award Date to De artment: Total Federal Funds Obliggiedby this A cement: Federal Awarding A enc Award R&D? 3 Yes ON A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date si ned below,whichever is later. Monroe County Board ofCounty Commissioners GRANTEE Grantee Warne By (AtahoriwedSignature). Date Signed P-OMgp7 i't'C1l, print Name and"Title of Person Signing .._ _� Protection DEPARTMENT'artrrrent of Environmental Pteio e State can.....Florida � �. m.� . ..o m.. ,.w .�. _. _ y Secretary or Designee Date Signed �F Print Name and Ti .._ ... . tie of P"erscaa�'Si nin LEGAL REVIEWING ENTITY By ut or g—namr-e Date gignea Print Name and Title of Person'Signing 0 Additional signatures attached on separate page. To 11 r 0 l4 DEP Agreement No, R1915 Rev.6,i20118 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties, including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent(20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or (3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.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. Attachment 1 1 of 11 Rev.6/14/19 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will 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 services 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 subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,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.Failure 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 deliverable will not be issued unless the rejected 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. Withholding Pam In addition to the specific consequences 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 failed 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. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10) days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the 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 of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department'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 of any of its obligations under the Agreement.In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2ofII Rev.6/14/19 8. Payment. a� Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing prOMILH-CS established by Department,Department agrees, to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes(F.S,). b. Taxes,The Department is exempted ftom payment of State sales,use taxes and Federal excise taxes,The Grantee, however,shall not be exempted from paying any taxes that it is subject to,iriclading State sales and use taxes,or for payment by Grantee to suppliers for taxes can Materials Used to folfill its contractual obligations with Department. nie Grantee shall not use Departnient's exemption number in se caring such niaterials.The Grantee shall be responsible and liable for the Payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without all arnendment,is described in the Standard Grant Agreement,Any additional funds necessary for the completion of this Pro'ject are the responsibility of Grantee. d, Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Mlork Plan. Reimbursement shall be requested oil Exhibit C, Payment Request Summary porm, To be eligible for reimbursement,costs must be in compliance with taws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures,which call be accessed at the Following web address: e. https: hy 11)Y112dd! %e�fcrencc �Q!,Iidq For State Ex. ldkm(2s.PAL mH_16LW� �s fie_Co i"i"i/,Qiv,i,sion/AA"/Ma,pua,ls/AUditingi f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pUrSUalit to the Grant Work Plan shall be submitted to Department ill sufficient detail for a proper pre-aUdit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed ill accordance with the Grant Work Plan. g. Interim Payments. Interim, payments rinay be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's,Grant iManager. h. 1�'inal Payment Request. A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment.. However, all work performed Pursuant to the Grant Work Plan must be performed on or before the expiration date of tile Agreement. i. Annua.l..A a ropriation Continizency. The State's performance and obligiation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a committinent of future appropriations. Authorization for Continuation and completion of work and any associated payments may be rescinded, with proper notice, tit the discretion of Department if the Legislature reduces or eliminates appropriations. j. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.iiivfloridaci'o.c(.r)iii/Di)�isioii/AAlVeiid�ors/defaLilt,l,itiii, k. Refund of'Payments to,the Department, Any balatICC Of Unobligated funds that have been advanced or paid must be refunded to department, Any funds paid in excess of(lie amount to which Grantee or subgrantee is entitled under tile terms of the Agreement must be refunded to,DepartnienLifthis rig ferment is funded with federal funds and the Department isEgqqired to refund the federal government the Grantee shall refund the share of those Rinds. 9. Documentation Required foi-Cost Reimbursement Grant Agreements aild Match. I f Cost Reirnburselment or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply. Supporting docunientation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3,,Grant Work Plan in their documentation for reimbursement or match requi reme tits. b. Overhead/IndirectKierieral and Administrative Costs, 11'Graritee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e.,fringe benefits,overhead, indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded tile rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of' written notification, Interest shall be charged on tile excessive rate. Attachment 1, 3 of I I Rev.6/14/19 c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S.,and Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs;civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing State ments/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments,on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting Attachment 1 4of11 Rev.6/14/19 period. Quarterly status reports are due no later than twenty(20)days Following the completion ofthe quarterly reporting period. For the purposes ofthis reporting reqUirCillent, the quarterly reporting periods end oil March 3 1, June 30, September 30 and Deceinber 3 1, The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage, The following provisions apply if Department withholds retainage under this Agreorient'. a. The Department reserves the right to establish the amount and application ofretainage oil the work performed under this Agreement up to tile maxill'11,1111 percentage described in Attachment 2, Special Terms and Conditions, Retainage may be withheld frorn each payinent to Grantee pending satisfactory completion ol'work and approval of all deliverables, b. If Grantee fails to perform the requested work,or fails to perform tile work in a satisfactory manner,Grantee shall forfeit its right to payment of`the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submil tile required deliverables or filikire to,provide adequate documentation that the work was actually performed. 'rhe Department shall provide written notification to Grantee of the faikire to perform that shall result in retainage forfeiture. If the Grantee does not correct the fiflure to perfmin within the tinlefraine stated in Department's notice,the retainage will be lbrfeited to Department c. No retainage shall be released or paid for inconiplete work while this Agrees neat is suspended, & E.xcept as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed tile work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12, Insurarice. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement, The Grantee shall require all its sub-grantecs and/or subcontractors,if any,to nlake compliance with the insurance reqUirements of this Agreement a condition of all contracts that are related to this Agreement, Sub-grantees,and/or subcontractors must provide proofol'insuranCe UpOrl request. 1). DedUctibles. The Department shall be exempt from,and in no way liable for,any surris of money representing a deductible in any insurance policy, The payment ol'such deductible shall be the sole responsibility of tile (3rantee providing such insurance. c. Proof ofIrSUrance. Upon execUtiOn of this Agreement,Grantee shall provide Department(JOCUrnentatiorl demonstrating the existence and allIOUnt for each type of applicable insurance coverage pr;or to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall flurnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification Of Self-il'ISLIrance. d. [Xity to Maintain Covef� In tile event that any applicable coverage is cancelled by tile insurer for ally reason,or if Grantee cannot gel adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after tile cancellation of'coverage, 13. Termination. a. Termination For Convenience, When it is in the State's best interest, Department may,at its sole discretion, .......... terminate:the Agreement in whole or in part by giving 30 days' written notice to Grantee. 'File Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which tile Agreement is to be terminated, The Grantee nlust submil all invoices for work to be paid Under this Agreement within thirty(30)(lays of"tile effective date of termination, rhe Department shall not pay any invoices received after thirty(30)days ofthe effective (late of terrilillation, b. 'I"ermination for Cause, 'File Department may terminate this Agreement ifany of the events of default described in the F"vents of Default provisions below occur or in the event that Grantee fails to Fulfill any of its other obligations under this Agreement. It,after terriiination, it is determined that Cirmitee was not in defilult,or that the default was excusable,the rights and obligations of the parties shall be(lie sarne as if tile termination had been issued for the convenience of Department.]'lie rights and remedies ofiDepartment in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obfigaj.grp ra Notice of Termination. After receipt of a notice of termination or partial lerniination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable oil the date,and to tile extent specified, in tile notice. I lowever,Grantee shall continue work oil any portion of tile Agreement not terminated. If the Agreement is terminated before perfbi-mance is completed,("Ji-antee shall be paid only for Attachment 1 5 of I I Rm 6/14/19 that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints, declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either:(1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days' notice Attachment 1 6of11 Rev.6/14/19 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines, in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources(without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees,partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense.The Grantee shall not be liable for any cost, expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Attachment 1 7ofII Rev.6/14/19 Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity.The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. Attachment 1 8of11 Rev.6/14/19 b. If this Agreement is for-more than one million dollars, the Grantee certifies that it is also not oil the Scrutinized Companies with Activities in Sudan,Scrutinized Companies with Activities in tile Iran Petrolcurn Fnergy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287,135, F.S. I'UrStlarfl to Section 287,135,F.S.,the Department may himiediately terminate this Agreernent at its sole option ifthe Grantee is found to have submitted as false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinize(] Companies with Activities in the Iran PCtrOICUrn Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided ill Subsection 287.I 3,5(8),F S., if federal law ceases to authorize these contracting prohibitions their they shall become inoperative. 25. Lobbying and integrity. "The Grantee agrees that no funds received by it under-this Agreement will be expended for tile purpose of lobbying the Legislature tar State agency pursuant to Section 216,347,F.S,,except that ptirsuant to the requirements orSection 287M8(6),,F.S., during the term of any executed agreement between Grantee and the State,Grantee may lobby the executive or legislative branch concerning the scope of services, perfornlance,terra,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 2 16347, F,& 26. Record Keeping. The Grantee shall imairitain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. 'The Department,the State,or their authorized representatives shall have access to such records for audit purposes during (tie terni,of this Agreement and fbr five(5)years following the completion date or termination of the Agreement. In tile event that any work is subcontracted,Grantee shall similarly require cacti subcontractor to maintain and allow access to such records fear audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility.Such inforniation may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to,or relate to Agreement.The Grantee shall retain such records for the longer of-(1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department olState(available at: hiia:LM-0s-milyiMida Mr Y,-archives/records raaaaaaa cmerat�er_ueral-ue�ou�cls s�lu�c)uuQewl;). 27. Audits, a, Inspector General. The Grantee understands its duty, pursuant to Section 20,055(5), F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this, duty and ensure that its sub-grantees arid/or subcontractors issue(] under this Agreement, if any, impose this requirement, ill Writing,Oil its sub-grantees and/or subcontractors,respectively. b. Physical Access and fiLsl2gction. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and dkiring normal business hours,including by any ofthe following methods: i. Grantee shall provide access to any location or facility on which Grantee is perl'bi-ming work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement,-and, ifl. Grantee shall allow and flacilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance mith any work or legal requirements pursuant to this Agreement. c. Jed Taal Audit Requirements. 'rhe Grantee shall comply with the applicable provisions contained in Attachment 5,Sl)ccia)Audit lteqLiireilictits. Each arne ndment that authorizes a fu rid i ng i nerease or decrease shall i tic I tide an updated copy ofExhibit ],to Attachment 5, It'Department fails to provide an updated copy of Exhibit Ito include in each amendment that authorizes a funding increase or decrease, Grantee shall request one ftom tile Department's,Grants Manager. the Grantee shall consider(lie type of financial assistance(federal and/or state) identified in Attachment 5,Exhibit I and doernii tie whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement, For federal financial assistance,Grantee shall Litilize the guidance provided under 2 Cl,R§200.330 for determining whether tile relationship represents that of a subrecipient or vendor. 1"or State financial assistance,Grantee shall utilize tile form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (Form number DFS-A2-NS) that call be found under the "Links/Forms" section appearing at (lie following website: Litt Pn:.\\a p ps.nd fs.conl\Fs a a. Attachment 1 9 of I I Rev,6/14/19 (1, Proof'of"fransactions. I it addition to documen[at ion provide(]to support cost reimbursement as described herein, ..........— Department may periodically request additional proof of as transaction to evaluate tile appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidetirles) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs call be found under 2 CFR 200. The Department may also request a cost allocation plan ill stipport of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Graritee MUSt provide the additional proof within thirty (30)(lays of such recluest. c. No CCnllMjWJhW Of l"Unds. The accounting systems for all Grantees niust ensure that these funds are not commingled with funds from other agencies. Funds from each agency mustbe accounted fbirsepmately. Grantees are prohibited from commingling funds, can either a progi-m-n-by-prograrn or a proJect-by-project basis. Funds specifically budgeted and/or received for one proJect may not be used to support another pro�ject. Where a grantee's, or subrecipient's, accoanting system cannot comply with this requirement, Grantee, or stibrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i, If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,ofthe Funds provided to Grantee under this Agreenlelit for non-compliance with the material terms of this Agreement, 'Tile (Irantee, upon such written notification from Department shall refund, and shall forthwilh pay to Department, tile aniount of money demanded by Department. Interest on any refund shall be calculated based oil the prevailing rate used by the State Board ol"Adminisiration, Interest shall be calculated fi-om the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department, ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Deparbilent for all recovered funds originally provided under this Agreenient and interest shall be charged for those recovered costs as calculated oil from the date(s) the payment(s) are recovered by Grantee to the: date repayment is niade to Department. id, Notwithstanding tile requirements oaf"this section, the above restrictions oil commingling funds do not apply to agreements where payments are Made purely oil a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict ill ally manner or degree with the performance of set-vices required. 29. Indelmident Contractor. The Grantee is all independent contractor and is not an employee or agent of Department. X Subcontracting. a. Unless otherwise specified in the Special 'I"'erins and Conditions, all services contracted for are to be performed solely by Grantee. b. 'The Department may, f'or cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is not limited to,,technical or training qualifications,quality of work,change ill security status, or non-compliance with an applicable Department policy or other requirement. c. 'The Department may, fbr cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. '"The Department's actions under paragraphs b.or c,shall not relieve Grantee of its obligation to perforin all work in compliance with[lie Agreement,The Grantee shall be responsible for the paynient of all mollies due under ally subcontract.'file Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to tile SUbcontractor for all expenses and liabilities incurred Under any subcontract. e. 'T'he Department will not deny Grantee's employees, subcontractors, or agents access to rnectings within the Department's facilities, unless the basis of'Department's denial is safety or security considerations. f The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the Full diversity of the citizens of the State. A list of minority owned finals that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. 'Tile Grantee shall not be liable for any excess costs for a failure to perform, i fthe failure to perform is caused by the default ofa subcontractor at any fler,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fholt or negligence of either,unless the subcontracted products Attachment I to of I I Rcw.6114/19 or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee, its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties,or obligations under the Agreement,or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev.6/14/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.R1915 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement proposes that work continues Monroe County's effort to increase resiliency through Comprehensive Plan amendments to 1)comply with Peril of Flood requirements through text and organizational amendments and 2)updates of Elements to incorporate vulnerability work of the County;including: an initial vulnerability assessment,pilot road elevation analysis,interim road elevation design criteria and recent NOAA-funded Hazus modeling. The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a fixed price Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. ❑ ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. Attachment 2,DEP Agreement#:R1915 1 of 2 Rev.6/14/19 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement.The minimum limits shall be$200,000 for each person and $300,000 for each occurrence. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability, bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers'Compensation. The Grantee shall comply with the workers' compensation requirements of Chapter 440,F.S. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval.The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2,DEP Agreement#:R1915 2of2 Rev.6/14/19 STATE. OF FLORIDA DEPAR,rMENT OF ENVIRONMEN"I'AL PROTECTION GRAN'r WORK PLAN DEP AGREEMENT NO.: R1915 A,rTACHMENT 3 Project Title: l�.esilieiit(,oastlinesPro�,-i-atii Grantee Organization Name: Monroe CoUntyJ3.j2Lird of'County Commissioners Chief Elected Official or Agency I lead: Roman(Jastesi 'I"itle: County Administrator Address: 1100SimontonStreet. City: Key Wes Zip Code: 33040-5714 Area Code and Telephone Number: 305 292 4644 E-Mail Address: Gastesi-RomLy r)jjgqp ty-f"IGo v S,'oLin .--- Project Manager Organization Narne: Monroe COUnty 13oard of County Commissioners Nance: Michael Roberts Address:2798 Overseas Highway City: Marathon Zip Code- 33050 Area Code and Telephone NUmber: 305 289 2502 E-Mail Address: Fiscal A Bela t Organization Name: Monroe Q.gunty Board of County Commissioners Name: Tina Boan Address: 500 Whitehead Street City: jj�� Zip Code: 33040-5714 Area Code and"I'elephone Nuaiber: 305 .29 24472 E-Mail Address: .13 'i L_ ,_0au": i o_nr(��Q.g i n Y_- FEID No.. 596000749 DUNS No.. 073876757000 Attacbment 3,DEII Agreemew lf. R 1915 1 of'9 Rev,7/1 5/20 19 Location: Monroe County,FL 24.5557'N, 81.7826' W Biscayne Hornestead National Pak 9ziE Everglades Nor*Key National Park Largo Key Largo CI Key largo Isla marnda 01 Layton Duck Key Marathon C�J Big Pine Key Key west WORK PLAN 1. Project Summary or Abstract: This proposed work continues Monroe County's effort to increase resiliency through Comprehensive Plan amendments to 1)comply with Peril of Flood requirements through text and organizational amendments and 2)updates of Elements to incorporate vulnerability work of the County; including: an initial vulnerability assessment,pilot road elevation analysis,interim road elevation design criteria and recent NOAA-funded Hazus modeling. Data gaps will be identified and work to date serve as the basis for Comprehensive Plan amendments providing a strong model for replication integrating sea level rise into Comprehensive Plans. Community meetings,and internal engagement will provide County stakeholders the opportunity to provide input into the updating process. External collaborations will support a regional dialogue of implementation strategy for integrating climate work into Comprehensive Plans. 2. Project Description: Monroe County is a charter member of the Southeast Florida Regional Climate Compact(Monroe, Miami-Dade, Broward and Palm Beach Counties)and was one of the first Counties in the state to integrate climate issues into their Comprehensive Plan through the development of a new"Energy and Climate" Element.The County has aggressively pursued the implementation of numerous Goals, Objectives and Policies in that 2.013-adopted Plan and is currently working to implement more initiatives both within the Plan and supplementary to it. The 2010-2030 Comprehensive Plan adoption pre-dated the Peril of Flood amendments signed into law in 2015. Notwithstanding the fact that the County's initial steps pre-dated the new Section 163.3178,F.S.requirements for Coastal Elements,and vulnerability work has continued to date,the Comprehensive Plan has not been updated to comply with these requirements or to assimilate data and policy work over the last several years. The County's work includes its extensive GreenKeys planning effort, and further adaptation initiatives,but very important are the County's efforts at data collection including Attachment 3,DEP Agreement#k R1915 2of9 Rev.7/15/2019 countywide mobile LiDAR elevation data that can identify gaps and help inform further planning efforts. This data is currently being finalized for the County and will be used in a further countywide effort to phase, budget and plan for road and stormwater adaptation. A companion effort to update and reorganize the County's Goals,Objectives and Policies(and identify current data gaps)in the context of the Comprehensive Plan related to sea level rise is critical to maintain internal and external support necessary to continue the County's momentum on these initiatives. Given the work that the County has completed to date, and can complete with this grant assistance, the work products will serve as a unique and comprehensive model for local governments on how to best link(and continually interface)climate and comprehensive planning. Infrastructure, land acquisition, land maintenance, growth and development pressures and the realities of Monroe County's unique vulnerabilities all interface in the County's Comprehensive Plan. As one of only 4 state of Florida"Areas of Critical State Concern"and its unique geography,being an island chain over 100 miles long, and its location within a National Marine Sanctuary,the Florida Keys is truly a unique community facing sea level rise and climate-related impacts. Knowing these unique vulnerabilities,the County has worked diligently to develop strong data sets to make science and data-based policy decisions relative to adaptation. This proposed scope of work will also continue to facilitate close cross-disciplinary coordination across County departments to harmonize these efforts. Monroe County is truly a community practicing"on the ground"climate and adaptation planning and implementation. This grant provides a mechanism for the County to communicate and serve as a"case study"on strategies for how to link work related to floodplain management(through linkages between sea level rise planning and FEMA's Community Rating System),Local Mitigation Strategy development(updates within the next 2 years), use of disaster recovery funds, site-specific adaptation and infrastructure readiness. Very few communities, if any,have been able to dovetail these initiatives in such a way that departments and policy initiatives are paddling in the same direction. Instead of resulting work products encompassing a model of"just getting started",the work proposed within this application can serve as an approach viewed more as an example of how to actually take climate data and analysis and more holistically implement it through the Comprehensive Plan. Therefore,these amendments can serve as a very critical resource for other communities needing to answer the question of how to aggressively and holistically integrate best available data into the Comprehensive Plan. Additionally,this work will further the tangible work products the County continues to pursue to aid in the best implementation strategies for vulnerability and adaptation planning through Comprehensive Plan,Code and policy recommendations. All work products will be shared openly with municipalities and other statewide and regional agencies and partners. While the County has been a leader on this type of integration, it is a continual process to integrate new data,comply with new statutory requirements and evolve policy priorities. Given the extensive work the County has done,the work products will serve as a valuable model to other communities on how to best link data,legal requirements in Chapter 163,F.S. and strong policy considerations in climate planning. Public engagement in the Florida Keys is critical given the County's designation as an Area of Critical State Concern and location within the National Marine Sanctuary. The proposed work includes both internal and external engagement critical to the effort. Two series of public meetings at the beginning and near-end of the project will serve to both 1) engage residents in ideas to be incorporated into the amendment process as well as 2) foster an environment that builds on cross-disciplinary departmental planning absolutely critical to success. The County will fulfill the tasks through a combination of work from County staff and contracted services. Attachment 3,DEP Agreement#:R1915 3 of 9 Rev.7/15/2019 3, Project Need and Benefit: a. -Ex Plain the demonstrated need, which the project addresses. It is,without question that 'Florida in general is clearly vulnerable to the impacts of climate change and in particular, sea level rise. Visible impacts throe ,heart tile I'lorida Keys are ever-increasing including King']I ide flooding, changing precipitation patterns and habitat s[Os firorn sea level rise. Being a chain of islands over 100 miles long, with significant variations in elevation, adaptation in the Keys wil I not be one cohesive effort of confinion strategies. The County is beginning to enter into territory that will require it to consider future management and adaptation options that include elevation variations ranging from sea level to 18'. In 2015 and 2016,in Key Largo and Big Fine, portions of neighborhoods saw 12-18"of saltwater on roads for upwards of 3 weeks. From a policy perspective, Monroe County has unique challenges with its physical geography, water quality regulations and growth nianagement systern. And while the County has already begun taking steps to coalesce its approach to cliniate and sea level rise into its Conipreliensive Flail, there is a signil"icant need to update and better-organize this approach within the construct ofthe Comprehensive Plan. While Many COMMUnifies across the state have taken initial steps to begin these planning conversations,and these are critical efforts, the need exists for a model that goes further to actUally incorporate vulnerability data into the Coin prehens ive Plan. "'Actionable policy"' is the primary goal of this scope of work to take the critical work products generated by the County 111LIS far (primarily from SUstainability and resiliency staff)and incorporate therm into a reorganized and coliesive strategy within the Comprehensive Plan that incorporates all of the latest data and recommendations- results ofsignificant staff and fiscal rCSOUrCeS to proactively plan for the future, The County does not consider this grant opportunity as a mechanism to meet a"miniinum"to start (lie conversation surrounding climate adaptation (although that is important to IaUnch a planning process). The County considers this grant opportunity as one to optimize its effiorts,and serve as an irnportant,example on how to continually gather, assimilate and act Upon VUlnerability data and adaptation priorities. Monroe County has a strong history of successful execution of state-level grants(on time and on budget) with regard to climate adaptation and it ITIUSt e0ritillLIC to eVOIVe its approach to climate and vulnerability challenges, But the need to update its Comprehensive Plan, with its recent initiatives, is critical to remain focused on key policy initiatives and their implenientation. Finally,this grant will continue to foster a close working relationship between sustainability/resiliency, planning, floodplain, emergency nianagernent and capital planning staff. Work products generated by the sListaiii,,il,)ility/resilieiicy staff are the cornerstone of integrating these efforts into the Comprehensive Plan. b, Explain how the,proposed proiect meets the purpose of one or more of the Goals and/or Priority Areas for the funding so irce voar are applying for. This scope of work addresses Resiliency planning Grant(..ioal (or Priority Areas) I and Goal 4. G,oat 1: Compliance with"Peril of Flood"statute(Sec. 163.3 178(2)(J�)FS) for C0111111L[nitiOS With as Coastal ManagerneM Element in their comprehensive plan. l"rocess components of Goal I inclUded within this scope ofwork are: 3.CondUCting pUbliC meetings in the subbed C0111111LInity to present the findings,of the vulnerability assessment and to gather additional information and cornments. Attachment 3,DFJI Agreement#: R1915 4 of9 Rev.7/1512019 4. Producing draft proposed comprehensive plan amendments in strike-through and underline format based on the information and data obtained in the vulnerability assessment and public meetings that satisfy the "Peril of Flood"requirements in Section 163.3178(2)(0, Florida Statutes, and which include a minimum of 4 examples each of strategies,principles, and related engineering solutions that reduce flood risk in coastal areas,and a minimum of 4 site development techniques that may reduce losses to the local government and property owners due to coastal flooding. The proposed project meets the purpose of Goals(or Priority Areas) 1 and 4 for Resiliency Planning Grants. Given that the County already has developed data on its vulnerabilities,meeting the process components of 3 and 4(of Goal 1)are a centerpiece of this scope of work. The County has already amended its Comprehensive Plan to include an Energy and Climate Element, but it has not yet processed its amendments that satisfy Section 163.3178(2)(0, F.S. Through the assistance of DEP's Resiliency Planning Grant funds,the County can update its Conservation and Coastal Management Element to comply with these requirements as well as integrate with the Energy and Climate Element(and other Elements). This will result in more accurate data from its vulnerability planning efforts being integrated into the Comprehensive Plan. This proposed scope of work builds upon the County's extensive vulnerability and adaptation planning efforts to update its Comprehensive Plan to comply with state law. The amendments will include a minimum of 4 examples each of strategies, principles,and related engineering solutions that reduce flood risk in coastal areas, and a minimum of 4 site development techniques that may reduce losses to the local government and property owners due to coastal flooding. Goal 4: Regional collaboration efforts. Additionally,as described, an internal and external engagement strategy ensures the participation of the public. All work products will be shared with the County's 5 municipalities for a collaborative process throughout the Keys region. The grant scope also includes a workshop or webinar to be offered to the Southeast Florida Regional Compact Communities as a case study on sea level rise, vulnerability and adaptation planning and integration with the Comprehensive Plan. Finally,the grant scope could serve as an excellent model for an"Informational Webinar"for the Office of Resilient Coastlines and that potential has been built into the budget and schedule. c. Discuss how the project is feasible and can be completed by the Deadline. The project will be completed by June 19,2020 as required for RPG projects. The consultant selection process will be initiated upon notice of pending award so that a team is under contract and ready to proceed when the funds are available. 4. Budget Summary: Allowable budget categories and costs for this project are listed in the table below. FIXED PRICE Grant Amount Awarded AGREEMENT TOTAL $40,400 5. Project Timeline: All tasks are to be completed and submitted no later than the Deliverable due date listed in the table below. Request for any change must be submitted prior to the current deliverable due date listed in the project timeline. Request are to be sent via separate email to the Department's Grant Manager,with the details of the request being made and the reason for the request. PROJECT TIMELINE Task Task Title Deliverable Funding No. I Due Date Amount Attachment 3,DEP Agreement#:RI915 5 of 9 Rev.7/15/2019 I Gap Analysis 09/30/2019 $6,000 2 Draft Amendments 04/30/2020 $16,000 3 Internal and External Engagerricrit,with 04/30/2020 $l 8,400 Regional Collaboration Total $40,400 6. Performance Measure: The Department's Grant Manager will review tile deliverables to verify that they meet the specifications in the Grant Work plan and this task description, to include any work being perfornied by any SUb-contractor(s). Upon review and written acceptance by the Department's(Irant Manager of all deliverables under this task,the Cirantee may proceed with payment request submittal. All deliverable clocurnents must be provided in an electronic downloadable format. 7. Consequences for Non-Pe rforma nee: The Departinent will redUCe each Task FLInding,Arnount by 5%for every day that the Deliverable(s) is not received oil the specified due date in the most recent Protect Ti tile]i tie, for the Agreement. Should a Change Order or Amendment be reqUested oil tile date of or after the most current Deliverable Flue Date,the 511/o redLIC6011 ot'fliatTask Funding A11101,111t will be imposed until the date of the requested change is received, via email by the Department. S. Payment Request Schedule- Grantee may submit as request for the"Fask FLInding Amount to be paid using the Exhibit C,after all Deliverables for that Task have been approved by the Department, ReqLICM(S) for payment must ilICILIde tile E'xhibit A showing 100%completion of that. Task and MLIst be submitted within 45 days of the Deliverable Due Date. Or Grantee may submit one request for the Grant Artiount Awarded,by using the Exhibit C, after the project is 100%completed. The request for the Grant Amount Awarded, JIIUSt inClUde an Exhibit N showing 100%completion for all Tasks,and must be submitted within 45 days of tile Deliverable Due Date. TASKS& DE[ IVIA',RABLES Task#1 N. Title: Gap Analysis to SUpport Comprehensive Plan Amendments B. Description: To update and reorganize elements of the Comprehensive Plan to incorporate VUltierabifity and adaptation information, primarily in the Conservation and Coastal Management Element, data gaps need to be determined and identi lied to serve as the basis for tile Update, First, what do we have?and,second, what do we need?are qLICStiOlIS that 111LIst be answered to serve as the basis for Comprehensive Plan amendments. The County has completed extensive work in its GreenKeys planning effort,gatliered countywide mobile UDAR, updated modeling using HaZLIs and has begLM a COUnlywide adaptation and vulnerability analysis for roads. Analyzing theses data sets will be critiml to understand where policy priorities,can be captUred in new Comprehensive Plan amendments focused oil conipliance with new Peril of Flood legislation within Section 163.3178, F.S. Any data needs will also be identified. Ultimately,asingle deliverable Under this task will include a"Gap Memorandunt"identifying CLU'rent and needed data to support existing and new Atihichment 3,DE"T Agreemetit#:R 1915 0,oft) Ro,,7/15/2Ot9 Comprehensive Plan Amendments,again, focused on the Conservation and Coastal Management Element. This Task will be completed at the beginning of the grant period to serve as a basis for the development of Comprehensive Plan amendment language or support materials. Data will be collected in a centralized location harmonizing internal work products between planning and sustainability/resiliency professionals. C. Deliverables: 1) Research existing and needed data sources correlated to existing Comprehensive Plan Goals,Objectives and Policies. 2) Submit a copy of the Gap Memorandum identifying current and needed data to support existing and new Comprehensive Plan Amendments. Task#2 A. Title: Draft Amendments to the Monroe County Comprehensive Plan, Including Compliance with Peril of Flood Requirements. B. Description: This Task will begin with a review of the current 2010-2030 Monroe County Comprehensive Plan to develop a strategy to focus Comprehensive Plan amendments on compliance with the Peril of Flood legislation(Section 163.3178,F.S. 2015). The County has already accomplished much with the adoption of the Energy and Climate Element which pre- dated the adoption of the Peril of Flood legislation in 2015 by two years. That said,the County's GreenKeys Climate and Sea Level Rise Plan was adopted in that same timeframe and the County has begun significant data and vulnerability initiatives aimed at developing an improved policy structure that accounts for climate change. Through this grant scope,the County seeks to significantly update its Comprehensive Plan to comply with new Chapter 163, F.S. requirements,within the Conservation and Coastal Management Element,as well as reorganize the County's Goals, Objectives and Policies related to sea level rise and climate change. This Task recognizes the complexity of Comprehensive Planning within an Area of Critical State Concern with an active internal and external engagement Task(to be discussed in next section),but through multiple drafts of plan amendments that will be vetted internally and externally. The first component that will build upon the Gap Analysis in Task 1, is to review the existing elements to determine the reorganization strategy for climate, energy and sea level rise policies and data throughout the Comprehensive Plan. For example,organizational decisions related coastal King Tide flooding may be addressed in the Conservation and Coastal Management Element,while other types of precipitation flooding issues may be addressed in other Elements. The timing of these amendments is acutely important as the County is also addressing floodplain management policies and rebuilding policies in light of the Hurricane Irma disaster and subsequent relief initiatives. Better awareness of mechanisms to be resilient post-storm event also provides opportunities to meet Peril of Flood requirements related to best practices that reduce loss due to flooding and development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas. The point is,the collective work the County has done in the context of GreenKeys, and its implementation, as well as continuing to shore up better data overall,and incorporate dramatic lessons learned in the aftermath of Hurricane Irma,all provide a unique and important model for incorporating resiliency into the Monroe County Comprehensive Plan. All of this information must be reviewed to cohesively develop a strategy for integration into the Comprehensive Plan. Attachment 3,DEP Agreement#:R1915 7of9 Rev.7/15/2019 Draft I will serve as the public interface to start the conversation with tile Corn"'UnitY on how to best coordinate this information into the Comprehensive Plan. It is best to provide the coniniunity an initial working draft to provide concepts for them to react to and provide inl)Llt UPOM That input will be gathered, with additional internal review, and be refined into Draft 2. Draft 2, will then be reviewed against tile existing Comprehensive Plan to determine if additional refinenients are necessary throng hOUt the other various elements to develop an organized and strong"package of(I onipreliensive Plan amendnients"that will include,but not be limited to the Conservation and Coastal Management Element,the proverbial "home"of the Peril of Flood amendment compliance. After all elements are read together and a final "package"of amendments is developed to comprehensively address these iSSUCS through thC Comprehensive Plan,a Final Draft of amendments will be compiled for final County action. "fhe final result will be theatbrerrientioned "Actionable policy" of'Pullin g together all COUnty efforts into one group of text amendments for tile 2010-2030 Monroe COUnty COMprellenSiVC Plam These amendments will rnect the RPG criteria including, but 110t firnited to: a rninimuni of 4 examples each of strategies, principles,and related engineering SOILItions Chat reduce flood risk in coastal areas,and a minimum of 4 site development techniques that may redUCC IOSSeS to tile local government and property owners dare to coastal flooding C. Deliverables- I) Review existing elements to determine strategy Im Peril of Flood Amendment compliance. 2) Draft I of Peril of Flood Amendments for Conservation and Coastal Management(with internal review). 3) Draft 2 of Peril of flood Amendments for Conservation and Coastal Management(with internal review). 4) Develop recommendations for Amendments and reorganization of related Comprehensive Plan Elements . 5) Final Draft of Peril of Flood Amendments for Conservation and Coastal iMaanaagement (with internal review). Task#3 A. Title: Internal and External Engagement with Regional Collaboration B. Description: The grant scope: includes internal,external and regional engagement components that will ensure internal, vetting as well as strong PUblic involvement, Quarterly internal work sessions and bi-monthly project nianagernent callsh-nectings will ensure timelines and deliverables will be met for completion and submittal to the Grants Office. After the I"Draft of amendments,a public workshop series will be undertaken, in 3 locations throughout the Upper, Middle and Lower Keys to maximize pUblic involvement opportunities. In a County as length), as tile Keys, each series Of pUblic,niectings niust be held in triplicate to convey information and Opportunity for input, in a meaningful way. A Board (YfCOUnty Commissioners briefing will occur during tile engagement process to provide an additional opportunity for public input. Social media content will be developed for the engagement process to provide notice of OPPOrtUrlitiCS for illpUt as well as project status. The Final Drafi of the amendments will capture public and Board of County Commissioners input for the final package of sea level rise/climate arnendinents,to the 2010-2030 Comprehensive Plan, Attaclunent 3,DET Agreewctfl#:R 1915 8 of 9 Rev.7/15/2019 To address Goal 4 of Regional Collaboration,the grant scope also includes a workshop for all 5 municipalities within Monroe County. Additionally, a workshop or webinar will be offered to the Southeast Florida Regional Compact Communities as a case study on sea level rise, vulnerability and adaptation planning integration into the Comprehensive Plan. Finally,the grant scope could serve as an excellent model for an"Informational Webinar" for the Office of Resilient Coastlines and this potential mechanism is a way to further communicate lessons learned. Given the amount of work products and data that will be integrated into the 2010- 2030 Monroe County Comprehensive Plan,the final work products will serve as an excellent case study looking to utilize Peril of Flood compliance as a catalyst for sea level rise issues to be addressed in the context of comprehensive planning. C. Deliverables: 1) Quarterly internal work sessions (4 mtgs total)with agendas and minutes. 2) Bi-monthly project management calls/meetings(24 total). 3) 1 st Draft public mtgs(3 mtgs total)with sign-in sheets, agendas and minutes. 4) Board of County Commissioners Briefing with agendas and minutes. 5) Final Draft public mtgs(3 mtgs total)with sign-in sheets,agendas and minutes. 6) "Implementation Workshop"offered to the Compact Communities with materials and agendas. 7) Briefing for the quarterly"Informational Webinar"of the DEP Florida Resiliency Coastlines Program with materials and agendas. 8) Social media content for public meetings. Attachment 3,DEP Agreement#:R1915 9 of 9 Rev.7/15/2019 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTFcTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000,00, and il"Grantee is acting on behalf of I)epartmerit in its performance of Services under the Agreement,Grantee must allow public access to all CIOCUMCMS, papers, letters, of,other material, regardless of they physical form,characteristics, or moans of transmission, made or received by Grantee in conJunction with the Agreement(Public Records), unless tile I'Liblic Records are exempt from section 24(a)of Article I of the Florida ConstitLition or section I]9.07(l), [-.S. b, 'The Department may unilaterally terminate the Agreement if(irantee refuses to allow public access to PUblic Records as reqUired by law. 2. Additional Public Records Ditties of Section 1.19.0701, F.S., If Applicable. f"Or the Purposes of this paragraph,the terin "contract"means the"AgreertleiiC' If Grantee is a"contractor"as defined in section 1 19,070 1(1)(a), F.S.,the following provisions apply and the contractor shall: a, Keep and maintain public Records required by Department to perform the service. b. Upon request, provide Department with as copy of requested Public Records or allow the Public Records to be inspected or copied within as reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.,or as otherwise provided by law, c. A contractor who fails to provide tile PUblic, Records to Department within a reasonable time nlay be subject to penalties Utldel-section H 9.10, F S, d. Ensure that Public Records that are exempt or confidential and exempt 1rom Public Records diSCIOSUIT requirenients, are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department, e. (Jpon completion of the contract, transfer,at no cost,to DepartnIent all I"Liblic Records in possession of tile contractor or keep and maintain public Records required by Department to per(brin theservice. If the contractor transfers all Public Records to Department Upon completion ofthe contract,the contractor shall destroy any duplicate Public Records that are exempt or confidential an([exempt from Public Records diSCIOSUrc requirements. If the contractor keeps and maintains Public Records Upon completion of the contract, the contractor shal I meet all applicable requirements for retaining Public Records, All PUblic Records stored electronically InUst,be provided to Department, Upon reciLICA from Department's custodian Of Public Records, in a forniat specified by Department as compatible with tile inforniation technology systems of Departnient.These formatting requirements are satisfied by Using the data formats as aUth0r!ZC(I in the contract or Microsoft Word,Outlook, Adobe,,or Excel,and any software Formats tile contractor is authorized to access. r. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PRO�VIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: L oubfic.seryices( Lflo .L0qridqdepj.t __ �qy Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Publk Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attacht-nent 4 1 of I Rev.4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requiretnents (State and Fedet-al Financial Assistance) Attachinent 5 'I'lleadiiiiiiistratiotiofi°esotai-cesaiwat-cle(lby the Department of F.,nv i ronniental Protection (u,hich m(ty he rel�,rred to as the "Department", "DET", "I IN Or "G).anlor", ear,other neune in the agreeinenl)to the recipient(irhich'Ina)"be i"e 'wnlee"or other nanie in the ag'i'eemenl)may be sobJect,to audits and/or monitoring .fi�rred to as the "Recipiew", "G) by the Depzitliiien(of'Eiivii-oiiiiieiitaI Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200h, Subpart F-Audit Requirements, and Section 215,97, F.S., as revised (see"AUDITS" below), monitoring procedures may include,but not be limited to, on-site visits by DEP 13cpartnient staff, limited scope audits as defined by 2 CFR 200,425,or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedUreS/PrOUSSeS, deemed appropriate by the Department of Environmental protection. In the event the Department cif"Environmental Protection determines that a limited scope audit ol'the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit,The recipient ftu-ther agrees to cornply and cooperate with any inspections, reviews, investigations, or audits, deemed necessary by the Chief l'inancial Officer(CF0)or Auditor General. A U D ITS PART I: IFEDERALLY FUNDED This pail is applicable if the recipient is a State or local government ar as non-profit organization as defined in 2 CFR §200330 1 A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions oft CFR Part 200,Subpart F.EXHIBIT I to this Attachment indicates Federal ftinds awarded through tile Department of F.'Aivironniental Protection by this Agreement. In determining the fe(icral, awards expended in its f1scal year, the recipient shall consider all sources of federal awards, including fcderal resources received from the Department of Environmental protection. The determination ofarnounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200,502-503 An audit of the recipient conducted by the Auditor General in accordance with the provisions oft CFR Part 200.514 will meet the requirenients of this part. 2. For tile audit requirements addressed in Part 1,paragraph 1,(tic recipient shall fulfill the requirements relative to aUditce responsibilities as provided in 2 CFR 200.508-512, 3, A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with tile provisions of 2 CFR Part 200, Subpart F-Audit Requirements, If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have ail audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-AUdit Requirernents,the cost of the audit must be paid froin non-federal resources (i.e,, the cost of such, an audit mist be paid from recipient resources obtained from other federal entities. 4, The recipient inay access information regarding the Catalog of 1'ederal Domestic Assistance(CFDA)via the internet at www.efda. ov Attachment 5 1 of 6 RGS-DUP 55-2 1 revised 7/2019 PAR,r ii: STATE FUNDED 'This part is applicable ifthe recipient is a tionstate entity as defined by Section 215,97(2), Florida Statutes. I I n the event that the recipient expends a total amount of state financial assistance equal to or iri excess of $750,000 in any fiscal year of such recipient (for fiscal years ending J utic, 30, 2017, and thereafter), the recipient must have a Stale single or proJect-specific audit for such, fiscal year in accordance with Section 215.97, F.S.; RUle Chapter 691-5, F.A,C,, State Financial Assistance; and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of ihe Auditor General. EXHIBIT Ito this form lists the state financial assistance awarded tlii-ouglitticl)ci)at-tiiieiltofElivii-ollilleilt-,II Protection by this agreement. In determining the state financial assistance expended in its fiscal year, (tie recipient shall consider all sources of'state financial assistance, including state financial assistance received from (tie Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include fecleral direct or pass-through awards and reSOLIMCS received by a rionstate entity For Federal prograln matching requirements. 2, In connection with the audit requirements addressed in Part 11,paragraph 1;the recipient shall o1sure that the audit complies with the requirements of Section 215,97(8), Florida Statute$. 'this includes submission of a financial reporting package as defined by Section 215,97(2), I'lorida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. 1 f the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafler), an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes,is not re(JUired. In tile event that the recipient expends less than $750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 2 15.97,11corida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,tile Cost of such an audit Must be paid ftorn the recipient's resources obtained from other than State entities). 4, For information regarding the Florida Catalog ol'State Financial Assistance(CSFA),as recipient should access the Florida Single Audit Act website located at littlLsl —ftffs.corrilfsaa for assistance, In addition to the above websites, the following websiles nlay be accessed for information: Legislature's Website at. State of F"lorida's website at I !h2riAl—a'Conly, Department of Financial Services' Website at h!tp-Hwww.fidfs.conl/and the Auditor General's Website at qLL PART Hll-OTHER AUDIT REOUIRENIENTS (1�107"E: This pan ii,,oulcl be used to spec�fy any c0thlional(11161il requilvoneno's imposed 1�y the Sow(mm,elingx entity thal are s(.)le6,a matter oj'lhol 9me awa)zling enlio�y's policy(i e,., the comfit is not requit-eel by Vculered(w Stale laws M to-m mni to See Lion 2 15.9 7(8), 1"lrarrela 9alules, State agencies may concheel or Orrungefi)r alulits qfStafefinanciol assislonce that are in enkfilion to cm(fits comlucleeoo in accorelancewilh&,clion 215,97, Hori(kz,%aifes. /n such an event, the State awcading(ogenq Y'ryu-st arrongefir fincling lhejidl caw qfsneki m1clitioncil owlils.) PART IV: REPORT SUBMISSION d. Copies of reporting packages I"or atidits COMIUcted in accordance with 2 CFR Part 200, Subpan F-AUdit Requirements,and required by PART of this form shall be submitted,when required by 2 CFR 2005 12,by or on behalf ol'the recipient directly to the Federal Audit Clearinghouse(1',AC)as provided in 2 CFR 20036 and 200,512 A. The Federal,Audit Clearinghouse designated in 2 CFR§200.501(a)(the number ofcopics required by 2 CE'R§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2 of6 BGS-DIT 55-2 13 revised 7/20 9 By Mail: Federal Audit ClearinglIOUSC Bureau of tile Census 1201 L'ast 10th Street Jeffersonville,IN 47132 Subrnissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which call be found at h Lr. tt ZJ Lrvester.0 ms. oyL qVg�/L gL (� - 2. Cop i es o 17 fi nancial reporting packages required by PART I I o fth is Attachment shall be submitted by or oil behal f o f the rec i pient d i rectly to each of the fol lowi ng� A. The Department of Environmental Protection at one of the folliowing addresses: By Mail: Audit Director Florida Department of Emvironmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard 'Tallahassee,Florida 32399-3000 Electronically: F1')EPSi.i!iL,IcAu"(Iit(i,D,deLi.stcite fl.tis 11.1. The Auditor General's Office at the following;address. Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(hWxL/flmd Ltoizo—v/)provides instructions for filing an electronic copy of a finaricial reporting package. 1 Copies ofreports or management letters N(JUired by PART III of this Attachmentshall be submitted by or on behalf'of the recipient directly to the Department of Environmental Protection at one of tile following addresses: By Mail: Audit Director Florida Department of f-rivironmental Protection Office or Inspector General,MS 40 39t3O Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: I'M ,RJL-� 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreerrient shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S,, and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organ izat ions), Rules of the Auditor General,as applicable, Attachment 5 3 of BGS-DEP 55-215 reviw. d T2019 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations),Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five(5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection,or its designee, Chief Financial Officer,or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS-DEP 55-215 revised 7/2019 / / @ § , \ o a) \ o \ \ � �\ �\ k � « k # k k � e � e \ § c k \ ƒ / \ § 4 = § \ \ \ � \ ) § � \ 4 .. / a k / 01 / 4 & 2 ® ) \ k 2 ® ea e ( % ° ) CLM \ _ In 2 7 Q § 2 & \ % ) S d d 7 E ) ) In \ ( \ e » 2 © &4 ° &■ � , ° &a % &_ 0 0 0 0 x :CL „ NW U as Cat ; 4 O CA E ^4 G C C "rn �•,, �, � i'1� ram+ �.. < Ali 0 a " D R y ems, c Z, — a t u ro "40 cd s . a . o 076c o o G� ¢r as C < o o , ca E C c r — cn ; 0= C IZ V w as c y " Q, ri " tj Z ^ a . 0 > C� a ro co 0 ;, 0S to E y ? 0 o < as CJ y br ass C1 Cs mrs . ai ✓a . .+" L Gnu.., G4 v z aybb e ' C CYJ� a3� CAN CS b1 mbAl GA w U w STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM-SPE(11FIC REQUIREMENTS FOR THE F1,ORtDA RESILIENT COASTLINES PROG,RAM ATTACHMENT6 1. Permits...The Grantee acknowledges that receipt ofthis grant does not iulply o0l'gUaranlec that a federal,state or local pernut will be issued for a particular activity,"Elie(,imniLe agrees to ensure that all necessary peniiiis are obtained prior to implementation ol'any grant-funded activity that may fall Under applicable fecleral, state or local laws.Further,the Grantee shall abide by all terms,and conditions of each applicable permit for any grant-funded activity. 2. file following replaces paragraph 10,,,S tatus Deports Attachment 1,Standard,rernis and Conditions: — a, Q�w "I'lle Grantee shall submit stators reports quarterly oil Exhibit A,Progress Report Form,to Department's Grant Manager describing the work performed(luring the reporting period,problems encountered„ problem resolutions,Scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than Five(5)days following the:completion of the quarterly reporting period. for tile purposes of this reporting requirement,tile quarterly reporting periods end on March 3 1,June 30,September 30 and December 31.The Department will review tile required reports submitted by Grantee within thirty(30)days. b. Final Protect Retort,'Fhe Grantee shall also submit a Final project Report utilizing;Exhibit F,Final Project Report Form,attached hereto and made a part hereof,along with the final quarterly progress report. If the Grant Work Plan requires a Final Report,the Grantee will report those expenditures to the Department in the Filial Report,as required. A draft of tile Final project Report shall be submitted electronically to the Department's Grant Manager for approval. After approval by the Department's Grant Manager,one(1)clectronic copy of the Final Project,Report shall be submitted to tile Department's Grant Manager. Final payment will be held until receipt and approval of tile Final ProJect Report. 1 Loch xibility.If the Grantee fails to perform in accordance with tile terms and conditions set forth in this Agreement; Attachment 3,Grant Work Plan;and all other attachments and exhibits,the Grantee shall be ineligible to be considered for ftinding under the Florida Resilient Coastlines Program for two(2)consecutive f)unding cycles. The Department shall make its detern-iination of ineligibility within thirty(30)days of the Agreement end date mid notify the Grantee in writing if determined ineligible. 4, L"crl3rrtrlat d arterrt and 'fradernark.The Department reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use, for state government purposes: a. The copyright in any work developed under as grant or contract under a grant, b, Any rights or copyright to which a grantee:or as contractor purchases ownership with grart SUPPOrL 5. Publications, I"hotoeraolis. Audiovisuals&Si ins. llublications,printed reports(other than the scientific, technical,Or professional publications as identified in 7.c,,below),aUdiovisuals(including videos, slides,and websites except that unless required Under special terms of this Agreement,this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or Findings and which are not intended for,presentation to the general public)or similar materials must include the DEP logos(which can be tbund oil the Department's website at hjtl)s-.//flori LhtLepgov4re,� ip!1SLL oi-by contacting the Department's Grant Manager fear a copy)and the following statement Oil tE � the cover or the first page: -rhis(repoi-t/video/website/ptiblicaitioii)was funded in pail,through a grant agreenient from the Florida Department of Environn'iental Protection,I'lorida Resilient Coastlines program,by a grant provided by the Florida Coastal Office, The views,statements,findings,conclusions and recommendations expressed herein are those of the aUth0r(s)and do not necessarily reflect the views of(lie State of Florida or any of its subagencies." The next printed line shall identify the month and year of the lRiblication. AthAchment 6 1 of I Rev, 1I17/2019 DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No,.: IZ1915 Grantee Name: M0111-0e COLHity Board of County Conirnissioners Grantee Address: 1100 Simonton Street, Key West, FL, 33040 Grantee's Grant..Manager: Michael Roberts Telephone No.: 305-289-2502 P roj eiresilient Coastlines Pro rain Reporting_Per incl: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: as summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not unet, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: .......... This report is submitted in accordance with the reporting requirernents of DF11 Agreement No. R 1915 and accurately reflects the activities associated with the project. Signature of Cyr antee"s Grant Manager Date Exhibit A,DFAI Agreement 4 R 1915 1 of I Rev, 5/30/2017 EXHIBIT C PAYMENT REQUEST SUMMARY FORM DEP Agreement No. R1915 Payment Request No. Request Date: Grantee's Grant Manager Name: Michael Roberts Monroe County Board of County Commissioners Grantee Name&Mailing A 1100 Simonton Street Address for Payment: Key West,FL 33040 Task No.: Total Amount(s) Requested: Performance Period-Date Range: GRANT EXPENDITURES SUMMARY SECTION CATEGORY OF BUDGETED AMOUNT OF PAYMENTS REMAINING EXPENDITURE AMOUNT THIS REQUEST RECEIVED AMOUNT (As authorized) Salaries/Wages $ Fringe Benefits $ - Indirect Cost $ Contractual $ _ (Subcontractors) Fixed Price $ TOTALS $ - $ - $ - $ - GRANTEE CERTIFICATION 1.The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed,received,and applied toward completing the project;such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Exhibit C- Part I 1 Exhibit C R1915 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RESILIENT COASTLINES PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT C GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address to which you want the state warrant(payment)sent. DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####. DATE OF REQUEST: This is the date you are submitting the report to DEP. TOTAL AMOUNT REQUESTED: This should match the amount on the`TOTAL AMOUNT" line for the AMOUNT OF THIS CLAIM"column. GRANTEE'S GRANT MANAGER: This is the person identified as grant manager in the grant agreement. PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period requesting reimbursement for. TASK NO.: Enter the number of the TASK for which you are requesting payment. GRANT EXPENDITURES SUMMAR Y SECTION: "AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was paid out for all listed tasks during the invoice period for which you are requesting reimbursement. This must be by budget category as in the currently approved budget in Attachment 3(Project Work Plan),or amendment of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget section of Attachment 3. NOTE:Shaded areas are auto calculated. Enter the total amount budgeted as approved in Attachment 3 in the"BUDGETED AMOUNT" line. Enter the amount of this request as approved in Attachment 3 in the"AMOUNT OF THIS REQUEST" line. Enter the total cumulative amount of this request and all previous payments on the"PAYMENTS RECEIVED"line. The amount for the"REMAINING AMOUNT"line,will automatically calculate and populate. GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and the Grantee's Fiscal Agent as identified in the grant agreement. Required Back-�Cshowing, mentation for each Deliverable: Completed Exhi requested funds for payment. Completed Exhibit A(Progress Report)showing requested task to be I 00%completed,for requested funds. Copies of all invoices to the Grantee. Proof of Payment(Copies of canceled chekcs,front and back or EFT verification)-Not required for Fixed Price Reimbursement Agreements. Other supporting documentation,as needed. Exhibit C-Instructions v E U c 0 O E ¢ cn m r � c F d E � � O ° c oa v 0 A v v N 7 L O t W C N E T N IL m IL c 3 N E U1 VW ¢ N y J U •� « N H r cl) c o W 0 > u, Q c c � cn 0 v; a 'o (U °' J C) a E °> E H o *L' o — X U Y a . o = w a MY - N GC z E Z c a t Z ct o3 a, 0 � � E v v ov U v o ° B O E ° °v o— ° 0 E ra v c o. -0 a) y a _ o ,a ra a� c `' y N N m (D L n U1to n *' a m c -0 a E Q m @ Y z (1i > c :5 c ° 0 U ate+ f6 W f`0 C m °p o L. o I v o r W o 7 . w w -o *' N 7 m °1 c a) m w c + 'y 4Oi my G ^ ` Z c p m 'om m o m a o N r ° o E d a U u a co w C 9 C 9 oo E oo E E 'm E 'm a u ¢ u VT N O c y O c y W y E O n` O 0 o a a a a n a a c v c v o f E E a m m m a n H v v m m a a 01 J V J J H H H c c O O E p E p a � a m m a W m Q v c a v � C O W W Q W ZFE VT V V 3 c m r L a LL h u > �L C O 'a - O L G to o LL LL Q c E w Z _ a vy a o 'o a v Z• m Z'g m - = Y cc _ 3 c v LL Y � O N O O O Yc H O - v a s o v o a o v t v v ! > c 3 v E w E v O. W C O C O C 7 E o u u o m m m a m E ;' E ;: E m - v m m O n w m w >v c o n y v v Y m v w ua m m c < v m Z Z 0 u ° O O E c Y ig v y n n v U U ° N L W W C m U > C ^' O ^ O m 71 C m n « v L . a m w N L : u O m m m Z C C O y O Y O O G 5 (A O O E v E u Q m LL Resilient Coastlines Progi-am Meanme County Boar-d of("oumy Commissioners Final Pi-oject Report SPA l S4 1*4 0 rn 000 This report funded in part,thrOUgh a grant agreement from the Florida Department of E'nv'ironmentarl Protection. The views,statements,findings,conclusions and recommendations expressed herein are those of the author(s)and do not necessarily reflect the views of the State of Florida or any of its srrha encies. Exhibit 'F,DFIT Agrce ment 4 R 19 t a 1 of 4 Rev.3J I 1/2.019 Final Project Report illlonroe County Resilient Coastlines Program Executive Summary Methodology Outcome Exhibit F,DEP Agreement#:R1915 2 of 4 Rev. 3/11/2019 Further Recommendations REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit F,DEP Agreement#:R1915 3 of 4 Rev.3/11/2019 INSTRUCTIONS FOR COMPLETING ATTACHMENT F FINAL PROJECT REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. MONTH& YEAR: Enter month and year of publication. The Final Project Report must contain the following sections: Executive Summary,Methodology, Outcome and Further Recommendations. The Final Project Report must comply with the publication requirements in the Grant Agreement. Please limit final project report to no more than five pages. One electronic copy shall be submitted to the Department's Grant Manager,for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified on page 1 of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit F,DEP Agreement#:R1915 4 of 4 Rev.3/11/2019 OEPAq� � Florida Department of Environmental Protection EXHIBIT G I>HOTOGRAPHER RELEASE FORM x t,0, FOR I IIC3" O(',RAP1IS,Vtl EOS,AUDIO RECORDINGS A,N D�k�ll`I"1trC�)ILI<�a drl.E,hhSE I+'f7rltM FOR Plltl°I"OGR IIHS,Vtl)EOS, AUDIO RECORDINGS AND ARTWORKS OwnerlSnbmitter's Name. Address City State�—Z i In Phone Number; License an(] Indemnification I certify that l <ann (lie owner of the photograph(s), video(s), aaidio recordings) and/or art work(s) being submitted and am IS years of age or older. I hereby grant to the Florida Department of Environmental Protection line royalty-free and non-exclusive right to distribute,publish and use the photograph(s),video(s),audio recordings)and art work(s)submitted hea•ewith("tyre Work")to promote the Florida Department ofEnvironmoital Protection. Uses may include, bait are not limited to, prornotion of the Florida De artn'aent of F,rivironmentaal I'rotection, including, bait not limited to, through parblications, websites, social media vertares and advertisements and distributed to tine media and in commercial products.The. Florida. Department of Environmental Protection reserves the right to anseflaot arse any Work as deemed appropriate by the I'lorida Department of Envir°ornmerntal. Protection. No Work will be retanrned once saibmitted. I hereby acknowledge t nat theFlorida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against: third party infringement of nay copyright interest or other irntcllecta�ral property rights or other rights I may Fold in such Work„and in no way shall be responsible for any losses I may suffer as a result Of ally such infring,enrent; and I hereby represent and warrant that the Work sloes not infringe the rights of any other individual oi-entity. l hereby unconditionally release, hold harmless and inderi'mify Florida Delaartment of l nvirorannentaal Protection, its employees, volarnWers„ and representatives of and frooar all claims, liabilities and losses arising out of"or in connection with the Florida Department of EnvironrnenUl Protection's Use ofthe Work. This release and indemnification shall be binding upon me, and nay hairs, executors, administrators and assigns. I have read and Understand the terms of this release. OWnef Sig1lataare;,..................... irate; Photo/Video/Audio/Artwork Recording Filename(s); Location of photo/video/audio recording/artwork: Name of Person Accepting Work Saibmission: Exhibit Cr,ID1;t7 Agreement 9:tt1915 I of I Rev.5/1.12019 Mo' nroe County Purchasing Policy and Procedures ATTACHMENT D.6 COUNTY ADMIINISTRATOR. CONTRACT SUMMARY FORM FOR CONTRACTS LESS THA7$50,0700.00 Contractwith-, F DEP [ Contract Contract#R1915 Effective Date July.29,2019 Expiration late: jttr�e Contract Purpose/Description: rh Grant Work Plan,A relernertt No.,1 1915 , � .. " crelai resili6.niccoed +irk outin�e ��orlroe��ort "��dtf�rt to trnP6rl1 dt ood r�ements III anal e .t/Extension Renewal Manager lchael Robeft 2502, Plannlrt /11 (Name) (Ext.) (Department/Stopp CONTRACT COSTS Total Dollar Value of Contract: Current year Portion: S (must be less than S50, 00a (lf multiyear agreement then requires BQ C approval,unless the total cumulative amount is less than F$418,0001 tl,�ll}t).C�LI 96�1},Q�t�.G�tl�• t ' Budgeted? "YwesM No El Account Codes: Grant: $ 40,410e.00 County Match: N/ ADDITIONAL COSTS Estimated Ongoing Costs: $� lyr For; none Nnt included In dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc. CONTRACT REVIEW Changes bate Out Date In Needed Department head '�'�1 l� YesEl Ivlo w' Risk Management '( "Yes Neu O.M.B./Purchasing J) YesEl Na County Attorney `��" �'� �'es[��lca �� ���7— 6t Comments: Page 67 of 70 DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: R1915 Grantee Name: Monroe County Board of County Commissioners Grantee Address: 1100 Simonton Street, Key West, FL 33040 Grantee's Grant Manager: Michael Roberts Telephone No.: 305-289-2502 Project Title: Resilient Coastlines Program Reporting Period: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. R1915 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A,DEP Agreement#: R1915 1 of 1 Rev.5/30/2017 EXHIBIT C PAYMENT REQUEST SUMMARY FORM DEP Agreement No. R1915 Payment Request No. Request Date: Grantee's Grant Manager Name: Michael Roberts Monroe County Board of County Commissioners Grantee Name&Mailing A 1100 Simonton Street Address for Payment: Key West,FL 33040 Task No.: Total Amount(s) Requested: Performance Period-Date Range: GRANT EXPENDITURES SUMMARY SECTION CATEGORY OF BUDGETED AMOUNT OF PAYMENTS REMAINING EXPENDITURE AMOUNT THIS REQUEST RECEIVED AMOUNT (As authorized) Salaries/Wages $ - Fringe Benefits $ - Indirect Cost $ - Contractual (Subcontractors) $ Fixed Price $ - TOTALS $ - $ - $ - $ - GRANTEE CERTIFICATION 1.The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed,received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Exhibit C- Part I 1 EXHIBIT F DEP AGREEMENT NO.R1915 Resilient Coastlines Program Monroe County Board of County Commissioners Final Project Report ir 1*4 rn Ae- 00 o j This report funded in part, through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Month A year Exhibit F,DEP Agreement#:R1915 1 of 4 Rev.3/11/2019 Final Project Report Monroe County Resilient Coastlines Program Executive Summary Methodolo Outcome Exhibit F,DEP Agreement#:R1915 2 of 4 Rev.3/11/2019 Further Recommendations REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit F,DEP Agreement#:R1915 3 of 4 Rev.3/11/2019 INSTRUCTIONS FOR COMPLETING ATTACHMENT F FINAL PROJECT REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. MONTH &YEAR: Enter month and year of publication. The Final Project Report must contain the following sections: Executive Summary, Methodology, Outcome and Further Recommendations. The Final Project Report must comply with the publication requirements in the Grant Agreement.Please limit final project report to no more than five pages. One electronic copy shall be submitted to the Department's Grant Manager, for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager,identified on page 1 of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit F,DEP Agreement#:R1915 4 of 4 Rev.3/11/2019 EPA, Florida Department of Environmental Protection EXHIBIT G PHOTOGRAPHER RELEASE FORM lfrrAa 7' FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT No. R1915 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name Address City State Zip Phone Number: ( ) Email: License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or art work(s) being submitted and am 18 years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith ("the Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to, promotion of the Florida Department of Environmental Protection, including, but not limited to, through publications, websites, social media venues and advertisements and distributed to the media and in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner Signature: Date: Photo/Video/Audio/Artwork Recording Filename(s): Location of photo/video/audio recording/artwork: Name of Person Accepting Work Submission: Exhibit G,DEP Agreement#: R1915 loft Rev.5/1/2019