Item J8 } J.8
`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.�p�` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: J.8
Agenda Item Summary #7299
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
N/A
AGENDA ITEM WORDING: Approval of contract with Erin L. Deady P.A., the top ranked
respondent to the Request for Proposals for the Development of Adaptation Action Areas.
ITEM BACKGROUND: Pursuant to Florida Statute §§ 163.3164(1) and 163.3177(g)(g)(10),
Monroe County created a Policy that within five (5) years of adoption of the April 2016
Comprehensive Plan staff would identify criteria to define Adaptation Action Areas (AAAs or
AAA's) or a similar concept and propose locations for AAAs. An AAA is an optional
comprehensive plan designation for areas that experience coastal flooding and that are vulnerable to
the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure and
adaptation planning.
The Board on August 19, 2020, approved the Selection Committee's ranking in response to the
County's issued Request for Proposals for the Florida Resilient Coastlines Program Grant to
Develop Adaptation Action Areas and approved Planning and Environmental Resources Department
staff to negotiate a contract with the firm(s) in rank order.
This contract is supported by FDEP Coastal Resilience Program grant agreement R2111. The Scope
of Work as detailed in the FDEP Grant Agreement (and Exhibit A of the Contract), consists of the
following Tasks:
Task 1. Annotated Analysis of Existing Data Resources, Best Practices and Case Studies for the
Establishment of AAAs.
Task 2. Updated Vulnerability Assessment
Task 3. Memorandum of Recommended Policy Alternatives for the Establishment of AAAs
Task 4. Maps, Goals, Objectives and Policies for Preliminary AAAs
Task 5. Public Engagement Meetings (including 2 presentations to the Board of County
Commissioners
Task 6. Final Report with Model Ordinance language for AAAs
PREVIOUS RELEVANT BOCC ACTION:
Packet Pg. 2646
J.8
May 20, 2020 - The BOCC authorized the issuance of a Request for Proposals (RFP) for a
consultant to assist the County in the development of Adaptation Action Areas (AAA's)
August 19, 2020 - The BOCC approved the Final Ranking of the Respondents to the RFP and
authorized Staff to negotiate a contract with the top ranked firm (Erin L. Deady, P.A.)
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
R2111-Complete Agreement-5
Agreement R2111 w Mayor Signature
Monroe County Contract Exhibit A
MC Scope Budget AAAs 082420
Monroe County VA and AAAs 082420
ELDA Signed Offered Contract
FINANCIAL IMPACT:
Effective Date: Upon Execution by all parties
Expiration Date: 6/30/2021
Total Dollar Value of Contract: $92,000
Total Cost to County: $17,000
Current Year Portion: 0
Budgeted: Yes
Source of Funds: FDEP Grant R2111 ($75,000); Fund 001-05008-530340 ($17,000).
CPI: NO
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: NA
Revenue Producing: No If yes, amount:
Grant: Yes —FDEP R2111
County Match: Yes
Insurance Required: Yes
Additional Details:
Contract is for$92,000. $75,000 provided through grant R2111 from FDEP and $17,000
provided by Sustainability (fund 001-05008-530340).
09/16/20 NEW COST CENTER ADDED $75,000.00
FDEP RCP Grant R2111
Packet Pg. 2647
J.8
09/16/20 001-05008 - SUSTAINABILITY $17,000.00
Sustainability Fund 001-05008-530340
Total: $92,000.00
REVIEWED BY:
Emily Schemper Completed 08/31/2020 5:08 PM
Assistant County Administrator Christine Hurley Completed
09/01/2020 8:57 AM
Peter Morris Completed 09/01/2020 2:07 PM
Purchasing Completed 09/01/2020 2:20 PM
Budget and Finance Completed 09/01/2020 5:07 PM
Maria Slavik Completed 09/01/2020 5:40 PM
Liz Yongue Completed 09/01/2020 6:11 PM
Board of County Commissioners Pending 09/16/2020 9:00 AM
Packet Pg. 2648
J.8.a
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:
1. Project Title(Project): Agreement Number:
Resilient Coastlines Program R2111
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 (Department)
Grantee Name: Monroe County Board of County Commissioners Entity Type:Local Government/Municipality et
Grantee Address: FEID: F59-6000749 001
1100 Simonton Street, Key West, FL 33040
(Grantee)
3. Agreement Begin Date: Date of Expiration:
Upon Execution June 30,2021
4. Project Number:R2111 ProjectLocation(s):
(If differentf oinAgreementNumber) Monroe County
Project Description:Monroe County will update data and develop policy approaches for Adaptation Action Areas(AAAs).
5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s) 0
$75,000.00 V State ❑Federal CSFA#37.098 $75,000.00
❑ State ❑Federal
❑ Grantee Match
Total Amount of Funding+Grantee Match,if any: $75,000.00 u
6. Department's Grant Manager Grantee's Grant Manager
Name: Whitney Gray Name: Michael Roberts 0
U
or successor or successor
0
Address: 3900 Commonwealth Blvd. Address: 2798 Overseas Highway
MS235 Marathon,FL 33050
0
Tallahassee,FL 32399
Phone: 850-245-2098 Phone: 305-289-2502
Email: Whitney.Gray@FloridaDEP.gov Email: Roberts-Michael@MonroeCounty-F1.Gov LO
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference: E
V Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
Y Attachment 2: Special Terms and Conditions
V Attachment 3: Grant Work Plan
0 Attachment 4:Public Records Requirements
V Attachment 5: Special Audit Requirements e
Y Attachment 6:Program-Specific Requirements
❑ Attachment 7: Grant Award Terms(Federal)*Copy available at httus://facts.fldfs.com,in accordance with§215.985,F.S. r
N
❑ Attachment 8:Federal Regulations and Terms(Federal)
❑ Additional Attachments(if necessary):
m
Y Exhibit A:Progress Report Form
❑ Exhibit B: Property Reporting Form
V Exhibit C:Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements for Grants
❑ Exhibit E:Advance Payment Terms and Interest Earned Memo
0 Additional Exhibits(if necessary):Exhibit F: Final Report Form,Exhibit G: Photographer Release Form
DEPAgreementNo. R2111 Rev.6/20/18
Packet Pg. 2649
J.8.a
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 1(a)(1):
Federal Award Identification Numbers (FAIN):
Federal Award Date to Department.
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? ❑ 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 signed below,whichever is later.
m
Monroe County Board of County Commissioners GRANTEE
Grantee Name
By
(Authorized Signature) Date Signed 2
:N
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT a�
0.
By c
Secretary or Designee Date Signed
0
Print Name and Title of Person Signing U
LEGAL REVIEWING ENTITY
CJ
0
By (Authorized Signature) Date Signed 0
Print Name and Title of Person Signing LO
❑ Additional signatures attached on separate page.
E
0
CJ
cv
U
DEP Agreement No. R2111
Rev.6/20/18
Packet Pg. 2650
J.8.a
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 2
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on U
Grantee's forms or invoices shall be null and void.
2. Grant Administration. 2
:N
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 0.
b. All approvals,written or verbal,and other written communication among the parties,including all notices, shall c
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 C1
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 0.
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match 0.
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 E
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; (3)
changing initial funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between cu
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. U
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. ca
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
1of11
Rev. 5/6/2020
Packet Pg. 2651
J.8.a
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 parry; 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. U
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 m
be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or 0.
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated c
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 C1
allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's 0
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 U
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 ru
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties. a,
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified 0'
e(
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 `r'
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 E
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. 0
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 N
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
2of11
Rev. 5/6/2020
Packet Pg. 2652
J.8.a
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 procedures 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 from 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,including State sales and use taxes,or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department.The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
0
C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an U
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project are the responsibility of Grantee. 2
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 Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address:
https://www.my floridaefo.com/DivisiolVAA/Manuals/documents/ReferenceGuideforStateExpenditures.pd£ 0.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department c
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan. 0
f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. Final 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 tcj
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future 0.
appropriations. Authorization for continuation and completion of work and any associated payments may be 0'
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates LO
appropriations.
i. 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: E
www.lilvfloridacfo.com/Division/AA/Vendors/default.htm.
j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Department its
share of those funds. c
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following
conditions apply. Supporting documentation 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 E
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee 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 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.
Attachment 1
3of11
Rev. 5/6/2020
Packet Pg. 2653
J.8.a
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 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee 2
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 0.
resulting from procurement methods other than those identified above.In this instance,Grantee shall c
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 C1
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. 76
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 0.
approval of Department, and does not include any equipment purchased under the delivery of services to be 0•
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly `O
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. E
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 U
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 E
Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting U
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
4 of 11
Rev. 5/6/2020
Packet Pg. 2654
J.8.a
period. Quarterly status reports are due no later than five (5) days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March
31, June 30, September 30 and December 31. 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 Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables. 2
:N
b. If Grantee fails to perform the requested work,or fails to perform the 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 submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice,the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing m
procedures under this Agreement. 0.
12. Insurance.
c
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-grantees and/or subcontractors,if any,to 0
make 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 proof of insurance upon request.
b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish 0.
Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- 0'
insured authorization,or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any `�
reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide E
proof of such replacement coverage within ten(10)days after the cancellation of coverage.
e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add
e(
the Department of Environmental Protection,its employees,and officers as an additional covered party cu
everywhere the Agreement requires them to be added as an additional insured. m
13. Termination. 0.
a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, U
terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The 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 the Agreement is to be terminated.The Grantee must submit all invoices for N
work to be paid under this Agreement within thirty (30)days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30)days of the effective date of termination.
b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described E
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that
the default was excusable,the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department.The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and
Attachment 1
5of11
Rev. 5/6/2020
Packet Pg. 2655
J.8.a
to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for
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 2
:N
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 m
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default 0.
notice.
c
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- C1
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 r-
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; 76
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information; 0.
d. Failure to honor any term of the Agreement; 0'
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; E
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 U
under the Agreement:
i. Entry of an order for relief under Title i i of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors; N
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
Attachment 1
6of11
Rev. 5/6/2020
Packet Pg. 2656
J.8.a
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
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 2
:N
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 0,
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole c
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 C1
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to 0
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.
0
18. Indemnification. U
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall 8
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, 6
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 E
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.
E
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to U
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.
Attachment 1
7of11
Rev. 5/6/2020
Packet Pg. 2657
J.8.a
20. Remedies.
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 m
to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a 0.
contract with a public entity for the construction or repair of a public building or public work; may c
not submitbids,proposals,orreplies on leases of real property to apublic entity;may notbe awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public C1
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 r-
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a tcj
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 6
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 0.
business with any public entity. 0'
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 E
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. 0
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. N
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.
e(
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
Attachment 1
8of11
Rev. 5/6/2020
Packet Pg. 2658
J.8.a
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.
b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. 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 with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then 2
they shall become inoperative.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section
287.058(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,performance,term,or compensation regarding that
agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 0
26. Record Keeping.
The Grantee shall maintain 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 0.
Department,the State,or their authorized representatives shall have access to such records for audit purposes during c
the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In
the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow C1
access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized 0
State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information 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 r_
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 of State(available at: 0
http://dos.mv florida.com/library-archives/records-management/general-records-schedules. ru
27. Audits. c
a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the a,
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this 0'
e(
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement,in writing,on its sub-grantees and/or subcontractors,respectively. `�
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement,with reasonable notice and during normal business hours,including E
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents; cu
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or U
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment N
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit i to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5,Exhibit 1 and determine 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 utilize the guidance provided under 2 CFR §200.330 for determining whether
the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
Attachment 1
9of11
Rev. 5/6/2020
Packet Pg. 2659
J.8.a
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
htt12s:A\apl2s.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30)days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not 2
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a 2
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
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,of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing 0•
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the c
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department. C1
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is r_
made to Department.
iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. Conflict of Interest. >
2
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any 0•
manner or degree with the performance of services required. 0•
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department. `�
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed E
solely by Grantee.
b. The Department may,for 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 in security status, cu
or non-compliance with an applicable Department policy or other requirement. m
c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee 0•
employee,subcontractor,or agent.
d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any
subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities,unless the basis of Department's denial is safety or security considerations. ca
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 firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both
Attachment 1
10 of 11
Rev. 5/6/2020
Packet Pg. 2660
J.8.a
Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products
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 2
of this Agreement, including without limitation, the obligations regarding confidentiality,proprietary interests, and U
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 0.
are severable to that void provision,and shall remain in full force and effect. c
35. Grantee's Employees,Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained C1
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of 0
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. U
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under 8
any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event 76
of any assignment,Grantee remains secondarily liable forperformance of the Agreement,unless Department expressly
waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its 0.
0.
intent to do so.
37. Execution in Counterparts and Authority to Sign. LO
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 E
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.
0
CJ
cv
Attachment 1
11 of 11
Rev. 5/6/2020
Packet Pg. 2661
J.8.a
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.R2111
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.
0
1. Scope of Work. U
The Project funded under this Agreement is going to update data and develop policy approaches for Adaptation
Action Areas(AAAs). 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. 0.
a. Compensation.This is a fixed price Agreement.The Grantee shall be compensated under this Agreement as c
described in Attachment 3.
b. Invoicing.Invoicing will occur as indicated in Attachment 3.
c. Advance Pa.Advance Pay is not authorized under this Agreement. 0
U
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 r-
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
c
Reimbursement Match Category
❑ ❑ Salaries/Wages >
2
Overhead/Indirect/General and Administrative Costs: 0.
0.
❑ ❑ a. Fringe Benefits,N/A.
❑ ❑ b. Indirect Costs,N/A. LO
❑ ❑ Contractual(Subcontractors)
❑ ❑ Travel,in accordance with Section 112,F.S. E
❑ ❑ Equipment
❑ ❑ Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition m
0
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
cv
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. U
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
Attachment 2
1 of 2
Rev.9/3/19
Packet Pg. 2662
J.8.a
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. Comprehensive General Liability Insurance.
The Grantee shall provide adequate comprehensive 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 per occurrence.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile o
liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property 2
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.
e(
d. Other Insurance.None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement. 0.
c
10. Retainage.
No retainage is required under this Agreement.
0
11. Subcontracting. U
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.
0
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for c,
subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be
performed under this Agreement.
2
12. State-owned Land.
The work will not be performed on State-owned land. W
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. e(
0
CJ
cv
U
Attachment 2
2of2
Rev.9/3/19
Packet Pg. 2663
J.8.a
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
DEP AGREEMENT NO.: R2111
ATTACHMENT 3
1. TITLE PAGE
1. PROJECT TITLE: Resilient Coastlines Program (Adaptation Action Areas)
2. GRANTEE Contact Information:
Organization Name: Monroe County Board of County Commissioners
0
Name of Authorized Signer: Roman Gastesi
Title: County Administrator
e(
Address: 1100 Simonton Street
City: Key West
E
Zip Code: 33040-5714
Area Code and Telephone Number: (305) 292-4644
E-mail Address: Gastesi-Romann,MonroeCounty-F1.Gov
3. GRANT MANAGER Contact Information:
Organization Name: Monroe County Board of County Commissioners 0
U
Name: Michael Roberts
Title: Assistant Director/Environmental Resources >
0
Address: 2798 Overseas Highway
City: Marathon LO
Zip Code: 33050
Area Code and Telephone Number: (305) 289-2502 0)
2
E-mail Address: Roberts-Michaeln,MonroeCounty-F1.Gov
4. FISCAL AGENT Contact Information:
Organization Name: Monroe County Board of County Commissioners c
U
Name: Tina Boan
Title: Senior Director of Budget&Finance `44
Address: 500 Whitehead Street
City: Key West
Zip Code: 33040-5714
cC
Area Code and Telephone Number: (305) 292-4472
E-mail Address: Boan-Tina(a),MonroeCounty-F1.Gov
Attachment 3,DEP Agreement 4:R2111
1of12
Rev.9/26/2019
Packet Pg. 2664
J.8.a
5. FEID No. (a.k.a. Tax ID#): 59-6000749 Seq No. 001
6. WORK PERFORMED BY:
Grantee ONLY
X Subcontractor ONLY
BOTH the Grantee & Sub-Contractor _
To Be Determined
7. SUBCONTRACTORS CONTACT INFORMATION: (If applicable& known)
Organization Name: TBD
Name:
Title:
Address:
0
City:
Zip Code:
c
Area Code and Telephone Number:
E-mail Address:
0
8. PROJECT LOCATION:
0
A. List of County(ies): Monroe County, FL
B. List of City(ies)/Town(s)/Village(s):
C. State Lands Lease Agreement Number(s): N/A
LO
Remainder of this page intentionally left blank.
0
cv
Attachment 3,DEP Agreement#:R2111
2 of 12
Rev.9/26/2019
Packet Pg. 2665
J.8.a
II. WORK PLAN
9. PROJECT SUMMARY: Monroe County will update data and develop policy approaches for Adaptation
Action Areas (AAAs). This project builds upon numerous sea level rise/data collection efforts to identify
vulnerabilities and supports a critical time in the County's long-term recovery process following the
devastation of Category 4,hurricane Irma. The effort includes assessments of latest data and case studies
for AAAs;updating vulnerability modeling; developing policy recommendations for AAAs; GIS analysis y
of potential AAAs; and outlining future data needs and options. The deliverables from this AAA project '
will inform decision-making for long-term sea level rise planning and rebuilding/recovery efforts.
10. PROJECT DESCRIPTION: Monroe County has complex challenges and vulnerabilities within the State
of Florida. As an island chain over 100 miles long with elevations below sea level and a designated Area
of Critical State Concern, the county must develop unique solutions to adapt to coastal flooding resulting
from high-tide events, storm surge, and sea level rise. The recent significant storm surge from Hurricane
Irma and recurrent coastal flooding make the timing of this project critical as the County's future
environmental and economic health are inextricably linked to resiliency from both storm events and sea
level rise.
The County is a leader in vulnerability planning and has been a member of the Southeast Florida Regional 0.
Climate Compact since its inception in 2009.In 2016,the County adopted an Energy and Climate Element c
policy directing the identification of criteria to define AAAs and the update of existing maps or creation >
of new maps that display potential impacts of sea-level rise for consideration in long-term planning
decisions. The County has also collected extensive data; completed vulnerability analyses; completed the 0
5-year GreenKeys Climate and Sustainability Action Plan; acquired countywide mobile LiDAR elevation U
data; and is currently completing Peril of Flood comprehensive plan amendments.
0
The County's next priority is developing AAAs and associated Goals, Objectives, and Policies within the
Coastal Management Element as described in a specific recommendation in the GreenKeys Climate and
M
Sustainability Plan. Monroe County will develop AAAs using existing policy guidance, best practices, >
2
case studies,updated data, and most current approaches as a foundation for this effort.
While the county has already undertaken initial vulnerability modeling assessments, other more recent LO
initiatives warrant updating this model to serve as the basis for AAAs. The updates to the model will add
the County's current mobile LiDAR elevation data; evaluate updated sea level rise projections of the W
Southeast Florida Regional Climate Compact (to be released late 2019); and include outputs from the
County's two-year Countywide Roads and Stormwater Analysis with implementation plans for actual road
and stormwater projects.Data will also be reviewed from the County's FEMA Community Rating System-
compliant Watershed Management Plan which identified initial areas of stormwater and County facilities'
future flood risk. The updated vulnerability model will be utilized to determine infrastructure and habitat
impacts as well as areas of increasing vulnerability for a 2030, 2060, and 2100 sea-level rise assumption U
horizon. The County's planning process will also incorporate stormwater management and social
vulnerability analyses using best practices identified by the Center for Disease Control's (CDC) Social
Vulnerability Index or other evaluation strategies identifying vulnerable populations and potential public
health risks.Further,the County will consider approaches incorporating infrastructure and public facilities;
habitat and land acquisition, management or protections that restore natural shoreline features; and m
development and recovery considerations. Lastly, the County is in the process of updating its Local
Mitigation Strategy and developing a Post Disaster Recovery Strategy to position itself for long-term
recovery. These updated strategies will further inform the County's AAA policy framework.
The confluence of all these initiatives provides an immediate critical opportunity to update the County's
GreenKeys Climate and Sustainability Plan vulnerability assessment for inundation risk which can serve
Attachment 3,DEP Agreement 4:R2111
3of12
Rev.9/26/2019
Packet Pg. 2666
J.8.a
as a technical basis to improve resilience to coastal flooding. This comprehensive dataset is key to
addressing various policy solutions within potential AAAs such as land acquisition or management,
infrastructure upgrades,buyouts or resilient reconstruction and/or transportation improvements.
The development of AAAs is particularly important for the county as it implements redevelopment efforts
following the catastrophic Hurricane Irma as well as the numerous flood events from extreme fall and
spring tides that have become a common occurrence in the community. The AAA project will provide
local decisionmakers additional tools to help reduce vulnerability as well as guide major public
investments to be targeted for post-disaster funding.
11. PROJECT NEED AND BENEFIT:
A. Explain the demonstrated need, which the project addresses. The recent devastation brought to
Monroe County from Hurricane Irma,in addition to regular storm surge events,highlight the County's
vulnerability to both flood and storm surge. The County is committed to building back stronger and
more resilient and sees the adoption of AAAs as a key tool to further guide decision-making and 0.
recovery funding in the wake of this storm. With this disaster, comes the opportunity to use AAAs as
part of its rebuilding strategy and address the different vulnerability challenges across various 0
geographic areas of the County. AAAs will include resiliency policy, such as incentivizing more
resilient building standards, facilitating workforce housing or other important funding strategies based E
on the social vulnerability index results to determine priorities for pre-disaster planning or post-disaster c
assistance. In a community as unique and diverse as Monroe County,AAAs and their implementation
may need to be as equally diverse either through different types of AAAs or implementation policies c�
and multiple designations. 0
Monroe County understands the importance of incorporating measures to adapt to sea level rise risk
and has made commitments to adopt AAAs through several plans(Comprehensive Plan&Green Keys
Sustainability Plan),and multiple local financial commitments in obtaining data,including this project.
Specifically, Policy 1502.1.4 in the Energy and Climate Element of the Monroe County c
Comprehensive Plan states, "Within five years after the adoption of the 2030 Comprehensive Plan, >
Monroe County shall identify proposed adaptation action areas(AAA)or similar concept to be defined c
by the county...In AAAs, strategies will be developed to address vulnerabilities from these effects as
well as the rate of impact and available adaptation options. In conjunction with later updates to the
2030 Comprehensive Plan,Monroe County shall update existing,or map new,potential impacts of sea `'
level rise for consideration in long-term planning decisions." The County's GreenKeys Climate and
Sustainability Plan includes Recommendation 1-31, "Develop criteria for Adaptation Action Areas
and adoption in Comprehensive Plan." The County's Climate Change Advisory Committee has also
provided preliminary criteria suggestions for the development of AAAs. This scope of work precisely et
implements these policies as it will update existing/map new potential impacts of sea level rise for
consideration in long-term planning decisions,make policy recommendations for the establishment of a.
AAAs in the Comprehensive Plan,and create preliminary AAAs with associated goals,objectives,and c
policies. Without understanding specific locations of vulnerabilities, there is no basis to consider �?
policies that improve resilience to coastal flooding resulting from high-tide events, storm surge, flash
floods, stormwater runoff, and related impacts of sea level rise.
Examples of how AAAs could be utilized include potentially "categorizing" the types of AAAs and ai
developing specific Objectives and Policies related to the vulnerabilities within those geographic areas.
As such,the County anticipates developing multiple AAAs.Concepts for different planning challenges
will be parsed out; pre-mitigation planning will be focused; and a tool to target grants, recovery
assistance, and prioritize capital planning and land policy will also be created. Updating the
vulnerability analysis related to habitat transitions or impacts could assist the County in aligning land
acquisition, management and restoration policies to utilize critical landscapes, such as mangroves, as
Attachment 3,DEP Agreement 4:R2111
4 of 12
Rev.9/26/2019
Packet Pg. 2667
J.8.a
a natural resiliency strategy. This has a dual benefit of supporting natural resource-based resilience as
well as conservation and preservation. Such modeling could help establish AAAs policies that focus
on habitat as a component of the County's"green infrastructure."Updated analysis using the County's
new elevation data could also serve as the basis for AAAs that align with capital planning to ensure
the continuity of social and governmental services after storms as well as longer-term with the impact
of sea level rise and/or other social-related impacts.
The strong need to take this policy step, combined with the benefit of capital and recovery planning
and funding to implement projects soon, creates an opportunity to align these initiatives that can <C
translate as a true case study for other communities. o
B. Explain how the proposed project meets the purpose of one or more of the Goals and Priorities
for FRCP. The scope of work has been designed specifically to meet multiple Grant Goals and 2
Priorities.
Priority Area 2. This proposed project will meet Priority Area 2 of the Florida Resilient Coastlines
Program by developing recommended AAAs with associated goals, objectives, and policies for the 0
Conservation and Coastal Management Element of the Monroe County Comprehensive Plan and
preliminary maps for AAAs. The County will utilize work products and analysis from an updated E
vulnerability analysis to form the basis of the AAAs. Other tools and resources to be analyzed include c
best practices, case studies and other locally specific data such as the County's Watershed >
Management Plan,developed pursuant to FEMA's Community Rating System program. Through this
effort,the likely result is tailored AAAs to address the multi-faceted aspects of future County sea level 0
rise decision-making including those related to infrastructure, natural systems and Hurricane Irma
recovery.
0
Priority Area 3. Another primary outcome of this scope of work will be to update the County's
vulnerability assessment which will provide the modeling and data to support policy development for c
the establishment of AAAs. The existing vulnerability assessment used previous 2008 elevation data >
available statewide. The County has since collected locally specific mobile LiDAR which will greatly c
enhance an updated vulnerability assessment making it more accurate for decision-making. Tools that
will likely be utilized to update the County's vulnerability assessment include GIS, SLAMM and otherLO
resources, such as HAZUS, that have already produced vulnerability outputs or can produce them
within this modeling update. The vulnerability assessments can measure the impacts of sea level rise W
and identifying the infrastructure, habitat, and land uses that may be affected. The deliverables from
this assessment will guide the County's policy recommendations.The County will also include a social
vulnerability review into the County's vulnerability assessment as well as address stormwater et
management systems.
Priority Area 4. With this scope of work, the County will inform and engage the public, the c
municipalities within Monroe County, the local Climate Committee, and the other members of the �?
Southeast Florida Regional Climate Compact on the outcomes to support future regional collaboration
efforts.This will enhance regional collaboration both within Monroe County as well as facilitate extra- N
jurisdictional information exchange.
C. Discuss how the project is feasible and can be completed by the grant period deadline. Monroe
County has taken some very important steps that make this project feasible within the time period
established by the grant. County leadership has expressed its commitment through the adoption of
various plans that include the development of AAAs including its GreenKeys Climate and
Sustainability Plan. In 2015, the County completed an initial vulnerability analysis based on best
available data at that time, which provided valuable staff experience on the type of work to be
Attachment 3,DEP Agreement 4:R2111
5of12
Rev.9/26/2019
Packet Pg. 2668
J.8.a
completed. The County has already updated its LiDAR elevation data and has completed other
incremental analyses which can update previous modeling work rather than generating a new
wholesale modeling approach. The County has also worked to refine other various datasets since its
previous vulnerability work that will also assist in fast-tracking the scope of work. In addition, the
County will have completed a Post-Disaster Recovery Strategy which can help identify recovery-
specific issues for incorporation. By taking these important steps, the County can hit the ground
running to develop preliminary designations for AAAs. y
D. Explain how this project is addressing social vulnerability or vulnerability of historic resources
or stormwater management systems. Due to data limitations at the time of the 2015 vulnerability o
assessment, the County did not address social vulnerability or stormwater management systems. The U
County can now utilize the Center for Disease Control's Social Vulnerability Index to ensure that the
needs of vulnerable populations are considered. It is noted, the Monroe County Climate Change
Advisory Committee previously proposed criteria to be used to designate AAAs, recommending the
consideration of populations affected including the number and vulnerability of the population.
Further,the County recently completed its Watershed Management Plan and with this information,the
County can review stormwater management systems within its vulnerability assessment. Work being 0
undertaken in a Countywide Roads and Stormwater analysis can also be incorporated in the modelling
updates. The proposed AAAs will incorporate the updated information to develop holistic and E
comprehensive goals, objectives, and policies to improve resilience to coastal flooding and address c
vulnerable population and stormwater management.
12. DESCRIPTION OF PROJECT OUTCOMES:
Outcome/Task#1: Annotated Analysis of Existing Data Resources, Best Practices and Case Studies for
the Establishment of AAAs.
1) Final Memorandum outlining existing data resources,best practices and case studies for the 0
establishment of AAAs
0
Outcome/Task#2: Updated Vulnerability Assessment. >
1) Assessment of available County data and analysis of existing data resources. c
2) Memorandum describing modeling strategy approach including elevation data, social
vulnerability, stormwater natural systems and recovery elements. LO
3) Present draft findings to County staff and refine analysis results and finalize vulnerability results
including Agenda and Minutes from meeting with County staff. ai
4) Final Monroe County Vulnerability Assessment
m
Outcome/Task#3: Memorandum of Recommended Policy Alternatives for the Establishment of
AAAs. �
1) Draft Memorandum recommending policy alternatives for the establishment of AAAs a
2) Present draft findings to County staff and refine analysis results and finalize vulnerability c
results including Agenda and Minutes from meeting with County staff.
3) Final Memorandum recommending policy alternatives for the establishment of AAAs
cv
Outcome/Task#4: Maps, Goals, Objectives, and Policies for Preliminary AAAs
1) Develop Draft AAA maps series and Comprehensive Plan Goals, Objectives and Policies
2) Present draft AAA map series and goals, objectives and policies to County staff and refine
analysis results including agenda and minutes from meeting with County staff.
Outcome/Task#5: Public Engagement Meetings
1) Series of three (3) Public Workshops 41 in the Upper, Middle and Lower Keys with public
engagement materials to present modeling results to County and the public after Outcome 2 or
Attachment 3,DEP Agreement#:R2111
6 of 12
Rev.9/26/2019
Packet Pg. 2669
J.8.a
3.Minutes,sign-in sheets,agenda and presentation materials will be included.All municipalities
will be invited to attend.
2) Series of three (3) Public Workshops 42 in the Upper, Middle and Lower Keys with public
engagement materials to present modeling results to County and the public after Outcome 4.
Minutes, sign-in sheets, agenda and presentation materials will be included. All municipalities
will be invited to attend.
3) Board of County Commissioners Workshop 41 to seek policy direction with Agenda and
presentation materials after Outcome 3. Minutes, agenda and presentation materials will be
included.
4) Board of County Commissioners Workshop 42 to seek policy direction with Agenda and o
presentation materials after Outcome4. Minutes, agenda and presentation materials will be U
included.
5) Website content will be developed.
6) Coordination will occur with the County's Public Information Officer to distribute at least 4
press releases prior to public and County Commission workshops.
Outcome/Task#6: Final Report with Final Work Products
1) Draft Report with model ordinance language for AAAs.
2) Present draft report with Model Ordinance Language for AAAs to County staff and refine E
analysis results. Agenda and Minutes from meeting with County staff. c
3) Final Report with model ordinance language for AAAs.
13. BUDGET SUMMARY: Allowable budget categories and form of payment with the costs for this 0
project are listed in the table below.
BUDGET SUMMARY BREAKDOWN F
Budget Categories Payment Task 1 Task 2 Task 3 Task 4 c
Salaries&Fringe Fixed Price ' $0 $0 $0 $0
Contractual Services Fixed Price $4,000 $36,000 $5,000 $16,000
GRANT AGREEMENT TOTAL $4,000; $36000 $5,000 $16,000 c
LO
Payment Grant Amount
Budget Categories Task 5 Task 6
Awarded
Salaries&Fringe Fixed Price $0 $0 $0 Q
Contractual Services Fixed Price $6,000 $8,000 $75,000
GRANT AGREEMENT TOTAL $6,000 $5,000 $75,000
A. Describe how the project costs was determined: Project costs were determined by evaluating past c
efforts to assess vulnerability, develop policy, and review data within Monroe County to ensure that U
costs are reasonable and sufficient.
cv
B. Contractual Services Selection*: Upon a selected Sub-Contractor(s) (if applicable), the Grantee
will Provide a signed certification statement giving a description of the procurement process that was
utilized for the selection of the sub-contractors. The description must include:
a. What procurement process was utilized
b. Justification as to how &why you made your final selection.
c. For competitively obtained Sub-Contractor also include:
i. A list of all entities that you received bids/quotes from,
ii. Names and addresses of those entities that provided bids/quotes,
Attachment 3,DEP Agreement#:R2111
7 of 12
Rev.9/26/2019
Packet Pg. 2670
J.8.a
iii. Actual amounts of the bids/quotes that were submitted.
14. PROJECT TIMELINE: All tasks are to be completed and submitted no later than the task/deliverable
due date listed in the table below. Requests for any change must be submitted prior to the current
task/deliverable due date listed in the project timeline. Requests 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 Deliverable Task
No. Task Title Due Date Amount
Annotated Analysis of Existing Data Resources Best
1 Practices and Case Studies for the Establishment of AAAs. 12/31/2020 $4 000 C
0
2 Updated Vulnerability Assessment. 2/19/2021 $36,000
Memorandum of Recommended Policy Alternatives for the
3 Establishment of AAAs 2/26/2021 $5 000
4 Maps, Goals, Objectives, and Policies for Preliminary 5/16/2021 $16 000
AAAs
5 Public Engagement Meetings 6/07/2021 $6,000
6 Final Report with Model Ordinance language for AAAs 06/30/2021 $8,000 c
Total $75,000 l
0
15. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task via one pdf
document to the Department's Grant Manager on or before the Task/Deliverable Due Date listed in the
Project Timeline. The Department's Grant Manager will review the task/deliverables to verify that they 0
meet the specifications in the Grant Work Plan and this task description, to include any work being
performed by any sub-contractor(s). Upon review and written acceptance by the Department's Grant c
Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. >
0
16. CONSEQUENCES FOR NON-PERFORMANCE: The Department will reduce each Task Funding
Amount by 5% for every day that the task/deliverable(s) is not received on the specified due date in the
LO
most recent Project Timeline, for the Agreement. Should a Change Order or Amendment be requested on
the date of or after the most current task/deliverable due date, the 5% reduction of that Task Funding
Amount will be imposed until the date of the requested change is received,via email by the Department. E
m
17. PAYMENT REQUEST SCHEUDLE: Grantee may submit a request for the Task Funding Amount to
be paid using the Exhibit C, after all deliverables for that task have been approved by the Department.
m
Request(s) for payment must include the Exhibit A showing 100% completion of that task and must be a
submitted within 45 days of the task/deliverable due date.Please refer to the website Grants page for"How E
to Request Payment", and"Checklist for Requesting Payment".
Or N
Grantee may submit one request for the Grant Amount Awarded,by using the Exhibit C, after the project
is 100% completed. The request for the Grant Amount Awarded, must include an Exhibit A showing E
100% completion for all tasks, and must be submitted within 45 days of the last task/deliverable due date.
18. FUNDING SOURCE: Grantee agrees to include on all publications, printed reports, 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
Attachment 3,DEP Agreement 4:R2111
8 of 12
Rev.9/26/2019
Packet Pg. 2671
J.8.a
experimentation or findings and which are not intended for presentation to the general public) or similar
materials must include the DEP logo (which can be found on the Department's website at
https://floridadep.gov/resilience or by contacting the Department's Grant Manager for a copy) and the
following statement on, the following language.
"This work was funded in part through a grant agreement from the Florida Department of Environmental
Protection, Florida Resilient Coastlines Program, by a grant provided by the Office of Resilience and
Coastal 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." o
The next printed line shall identify the month and year of the publication.
0
III. TASKS& DELIVERABLES
Task#1 c
A. Title: Annotated Analysis of Existing Data Resources, Best Practices and Case Studies for the 0.
Establishment of AAAs. c
B. Goal: Document numerous approaches to developing AAAs in Florida and other states to determine
best practices for AAA development.
C. Description: Several local governments have already undertaken efforts to designate AAAs to fit
localized priorities. Some local governments have designated wholesale geographic areas within their
community broadly as an AAA, while others have created independent project-oriented approaches.
As an Area of Critical State Concern, Monroe County is likely to have unique issues in addressing its 0
AAAs that will include consideration of elements related to the built and natural environment, as well >
0
as recovery efforts due to Hurricane Irma. The County can learn from the AAAs establishment work 0.
done by other County and municipal jurisdictions across the state. The County can also look outside 0
of Florida at best practices and approaches like AAAs, such as Resiliency Districts, that garner policy ,n
and financial prioritization in local government decision-making as an adaptation strategy.
m
D. Deliverables: The Grantee will submit all deliverables for each task via one pdf document to the
Department's Grant Manager on or before the Task/Deliverable Due Date listed in the Project
e(
Timeline. �
1) Final Memorandum Outlining Existing Data Resources, Best Practices and Case Studies for a,
the Establishment of AAAs
E
0
Task#2
A. Title: Updated Vulnerability Assessment `V
B. Goal: Update the County's GreenKeys Climate and Sustainability Vulnerability Assessment which m
will provide the modeling and data to support policy development for the establishment of AAAs. E
C. Description: The County will update its vulnerability assessment utilizing new elevation data,
updated sea level rise projections, shoreline information, capital project data, social vulnerability
index, and stormwater management data. The updated vulnerability modeling with new elevation data
will be used to determine infrastructure and habitat impacts as well as areas of increasing vulnerability
Attachment 3,DEP Agreement#:R2111
9 of 12
Rev.9/26/2019
Packet Pg. 2672
J.8.a
for a 2030, 2060, and 2100 sea level rise assumption horizon. The County's analysis will also
incorporate an analysis stormwater management and social vulnerability using best practices such as
the Center for Disease Control's Social Vulnerability Index or other evaluation strategy (identifying
vulnerable populations and potential public health risks).
Monroe County has made a long-term commitment to the development of its GreenKeys Climate and
Sustainability Plan,recognizing data gaps and developing more refined data for decision-making. The
County has built datasets related to stormwater structures, roads, habitat and habitat transitions,
County, and critical facilities.Having secured more accurate elevation data,the County will update its
Vulnerability Assessment to develop a policy framework for addressing multiple priorities: o
infrastructure/services, habitat and recovery. Based on this updated data-assessment, the County will a
develop policy approaches for the designation of AAAs.
D. Deliverable(s): The Grantee will submit all deliverables for each task via one pdf document to the
Department's Grant Manager on or before the Task/Deliverable Due Date listed in the Project
Timeline.
1) Copy of the current GreenKeys Climate and Sustainability Plan.
2) Assessment of available County data and analysis of existing data resources.
3) Memorandum describing modeling strategy approach including elevation data, social E
vulnerability, stormwater,natural systems, and recovery elements. c
4) Copies of workshop/meeting announcements/advertisements
5) Agendas and sign-in sheets from each workshop/meeting,indicating location, date, and time c�
of workshop/meeting 0
6) Presentation(s)from each workshop/meeting
7) Brief summary report from each workshop/meeting including attendee input and
.F
workshop/meeting outcomes
8) Any materials created at each workshop/meeting (as applicable)
9) Finalized Vulnerability Assessment c
76
Task#3 c
A. Title: Memorandum of Recommended Policy Alternatives for the Establishment of AAAs LO
B. Goal: This Task seeks to develop policy alternatives for consideration by, and input from, the Board
of County Commissioners to establish AAAs. a,
C. Description: Understanding that the County has a unique geography with an equally unique system
of growth management regulations, the County views AAAs as a critical policy tool to address
vulnerable areas through policy and financial investments that will strengthen its natural resources,
housing,regional economy, and overall tax base as impacts from climate change increase over time. c
U
It is critical natural resources and development regulations contemplate different types of AAAs or
policies to implement different sets of goals. This deliverable will explore those options,informed by
the deliverables from Tasks 1 and 2, and include options for the County to consider in establishing
AAAs. One approach may be to create different types of designations such as those geared towards m
natural resource protections as a resiliency strategy. Another category may include infrastructure and
services for infrastructure planning as well as the vulnerability assessment regarding at risk County M
facilities or critical infrastructure, such as hospitals or other human services. This aspect could also be
supported by the social vulnerability index tool contemplated to be utilized in this scope of work.
Finally,this effort could support funding sources,rebuilding policies, and acquisition that implements
post-Irma recovery.
Attachment 3,DEP Agreement#:R2111
10 of 12
Rev.9/26/2019
Packet Pg. 2673
J.8.a
D. Deliverables: The Grantee will submit all deliverables for each task via one pdf document to the
Department's Grant Manager on or before the Task/Deliverable Due Date listed in the Project
Timeline.
1) Draft Memorandum of Recommended Policy Alternatives for the Establishment of AAAs
2) Agenda, sign-in sheet, presentations, and minutes from presentation of draft findings to
County staff including the results of refining analysis results and finalizing vulnerability
results
3) Final Memorandum of Recommended Policy Alternatives for the Establishment of AAAs
Task#4
A. Title: Maps, Goals, Objectives and Policies for Preliminary AAAs
B. Goal: This task will use the recommended policy alternatives for the establishment of AAAs and
graphically depict these areas for public review and comment.
c
C. Description: The County will first work to visually depict Maps of the AAAs informed by the policy
direction developed and provided in Task 3. As a companion to the Map series, the Goals, Objectives E
and Policies will be developed to support the designation of AAAs for internal review and c
consideration by the Board of County Commissioners in Task 6. The scope of the Map series will be
defined by the best practices research from Task 1, the Vulnerability Assessment in Task 2 and Policy
direction from the Board of County Commissioners in Task 3. The AAAs maps may include 0
substantial parts of the County or be more narrowly tailored to address location-specific issues. Goals,
Objectives and Policies will clearly be tailored to address the unique priorities within those
designations. 0
D. Deliverable(s): The Grantee will submit all deliverables for each task via one pdf document to the c
Department's Grant Manager on or before the Task/Deliverable Due Date listed in the Project
0
Timeline.
1) Draft AAA Maps Series and Goals, Objectives and Policies
2) Agenda, sign-in sheet,presentations, and minutes from presentation of draft AAA LO
Map Series and Goals, Objectives and Policies to County staff including results of
refining analysis results
Task#5
A. Title: Public Engagement Meetings a�
B. Goal: This task ensures there is public participation in the review and development of AAAs. c
C. Description: The County is committed to making documents, reports, studies, and agendas readily
available for public viewing (at County offices and County website) and to providing presentation at
public workshops,public work sessions, and public meetings on the work completed to develop policy
alternatives to establish AAAs and associated maps. The County's geography being over 100 miles in
length requires public meetings in multiple locations to ensure all public participants have the ability
to attend and participate in a location relatively close to their property.A series of 3 public workshops
will be held in the Upper, Middle, and Lower Keys to present modeling results following Task 2. A
second series of 3 public workshops will be held in the Upper, Middle, and Lower Keys to present
modeling results following Task 4. Workshops with the Monroe County Board of County
Commissioners will be held following Tasks 3 and 4 to seek policy direction.
Attachment 3,DEP Agreement#:R2111
11 of 12
Rev.9/26/2019
Packet Pg. 2674
J.8.a
D. Deliverables: The Grantee will submit all deliverables for each task via one pdf document to the
Department's Grant Manager on or before the Task/Deliverable Due Date listed in the Project
Timeline.
1) Copies of announcements/advertisements/press releases for all workshops/meetings
2) Agendas and sign-in sheets from each workshop indicating location, date, and time of
workshop/meeting y
3) Presentation(s) and public engagement materials from each workshop/meeting
4) Brief summary report from each workshop/meeting including attendee input, minutes,votes,
and/or workshop/meeting outcomes o
5) URL for website content that was developed
Task#6 °—
A. Title: Final Report with Model Ordinance language for AAAs
e(
B. Goal: This task will develop the final recommended Goals, Objectives, and Policies for the Coastal c
Management Element of the Monroe County Comprehensive Plan and AAAs map series.
E
0.
C. Description: The County will review all work deliverables and public comment as well as BOCC c
direction to finalize comprehensive plan amendment language for AAAs. The goal is to process the
final amendment package through the County's comprehensive plan amendment process for BOCC
transmittal and adoption after the grant scope of work is completed. 0
D. Deliverables: The Grantee will submit all deliverables for each task via one pdf document to the
Department's Grant Manager on or before the Task/Deliverable Due Date listed in the Project
Timeline.
U
1) Draft Report with Model Ordinance Language for AAAs. 76
c
2) Agenda, sign-in sheets, presentation, and minutes from presentation of Model Ordinance
Language for AAA to County staff for refining analysis and results.
3) Any materials created at each workshop/meeting (as applicable)
e(
a. Final report with Model Ordinance Language for AAAs LO
0
cv
Attachment 3,DEP Agreement#:R2111
12 of 12
Rev.9/26/2019
Packet Pg. 2675
J.8.a
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida
Constitution or section 119.07(1), F.S. 2
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable.
For the purposes of this paragraph, the term "contract"means the "Agreement." If Grantee is a"contractor" as
defined in section 119.0701(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 a copy of requested Public Records or allow the Public Records to be c
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or
as otherwise provided by law. E
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to c
penalties under section 119.10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
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. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all 0
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public ,4-
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor c
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records.All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records,in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
LO
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118 0
Email: public.services jr floridadep.gov.
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request E
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1ofi
Rev.4/27/2018
Packet Pg. 2676
J.8.a
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5 v
The administration of resources awarded by the Department of Environmental Protection(which may be referred to
as the 'Department", 'DEP", "FDEP"or "Grantor", or other name in the agreement)to the recipient(which may be
0
referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection,as described in this attachment. et
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, 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 Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By c
entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any 0
additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer(CFO)or Auditor General.
0
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR c
§200.330 >
2
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 of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Ln
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental m
E
Protection. The determination of amounts 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 of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512. E
U
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 the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the N
recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources 03
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
internet at www.cfda.gov
Attachment 5
1 of 6
BGS-DEP 55-215 revised 7/2019
Packet Pg. 2677
J.8.a
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State 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 the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance,including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local a)
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 0.
c
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, C1
Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial 0
assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section
215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
U
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access 8
the Florida Single Audit Act website located at hops://apl2s.fldfs.com/fsaa for assistance. In addition to the 6
above websites, the following websites may be accessed for information: Legislature's Website at
bitp://www.leg.state.fl.us/Welcome/index.eflil of Florida's website at http://www.mvflorida.com/,
CL
Department of Financial Services' Website at htlp://www.fldfs.com/and the Auditor General's Website at
htlp://www.lilyflorida.colii/,tudgeli/. LO
PART III: OTHER AUDIT REQUIREMENTS E
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). pursuant to Section 215.97(8),Florida Statutes, a�
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for U
funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by E
or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by
2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address:
Attachment 5
2of6
BGS-DEP 55-215 revised 7/2019
Packet Pg. 2678
J.8.a
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville,IN 47132
Submissions 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 can
be found athttp://harvester.census.gov/facweb/ 2
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40 0.
3900 Commonwealth Boulevard c
Tallahassee,Florida 32399-3000
Electronically: 0
FDEP SingleAudit(c�,.dep.state.fl.us
B. The Auditor General's Office at the following address: r_
U
Auditor General
Local Government Audits/342 6
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
e(
The Auditor General's website htlp://fltuditor.gov/)provides instructions for filing an `O
electronic copy of a financial reporting package.
E
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail: a�
Audit Director
Florida Department of Environmental Protection U
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEP SingleAudit(c�,.dep.state.fl.us E
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement 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 organizations),Rules of the Auditor General,as applicable.
Attachment 5
3of6
BGS-DEP 55-215 revised 7/2019
Packet Pg. 2679
J.8.a
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 2
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.
c
0.
c
W
W
0
U
0
CJ
c
2
LO
Q
2
0
CJ
cv
U
Attachment 5
4of6
BGS-DEP 55-215 revised 7/2019
Packet Pg. 2680
uog3V uoge4depVjO 4uewdolOAGa JOI 43 a4 O 10 ' nOi ) -4uewoo 4oldwo -L L LZ :4u9wg3e44 x i
ca to
a
v
`ZII
0
E E
0
Z o �
O �
0
O � �
w �
p� U
O U
I U � •� o v U v W
W W `�
GJ 14)
O O v
14)
W N "Q � 0. •� U •� U
U
d �
uog3V uoge4depVjO 4uewdolOAGa JOI 43 a4 O 10 ' nOi ) -4uewoo 4oldwo -L L LZ :4u9wq3e44V 0
ca to
00
bz
rz
a
c C� ct
O CC 14
y U �O
Q � Q N 'C 1r
O 'm •� •m ° � � s. � �, � viw
U V In ct
N ,� SUi O � SUi Z M Z `' � � �' � .•,
<1 �' O
o Q Q o
Fz
Q U U CIZN
a
zi
tl
rO rO O Q 'C
� 3 � � 3 y •� y � �� � o
0Qtow
� qIn
p p >
o e e � o o
U d U= z
J.8.a
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM-SPECIFIC REQUIREMENTS
FOR THE FLORIDA RESILIENT COASTLINES PROGRAM
ATTACHMENT 6 in
1. Permits.The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal,state or local
permit will be issued for a particular activity.The Grantee agrees to ensure that all necessary permits are obtained o
prior to implementation of any grant-funded activity that may fall under applicable federal,state or local laws.
Further,the Grantee shall abide by all terms and conditions of each applicable permit for any grant-funded activity.
Upon request the Grantee must provide a copy of acquired and approved permits for the project. g
2. Ineligibility.If the Grantee fails to perform in accordance with the 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 funding under the Florida Resilient Coastlines Program for two(2)consecutive funding cycles.The
Department shall make its determination of ineligibility within thirty(30)days of the Agreement end date and m
notify the Grantee in writing if determined ineligible. E
0.
c
3. The Department reserves the right to reduce any fixed priced line item payment in the Agreement,Attachment 3, >
Grant Work Plan,where in the actual costs incurred are more than 5%less than the original budgeted fixed price °'
value set forth in this Agreement.
0
4. Additional Documentation for Contractual Costs.In addition to the documentation requirements in paragraph 11,
Subcontracting,Attachment 2,and,paragraph 9.c. Contractual Costs(Subcontractors),Attachment 1,Grantee shall
provide the following for or all sub-contractual agreements that the Grantee executes for this project:
0
a. A valid link or documentation that outlines their entity's procurement processes that is required in
Attachment 1,paragraph 9.c. 2
b. A signed certification statement by the Grantee's designated grant manager,indicating the procurement 0.
process that was utilized per their entities' policies and procedures,for all sub-contractors.The <
certification must include a listing of all sub-contractor quotes/bids amounts,with the company name, ,n
address,and the details of how/why they made their determinations for those sub-contractors that were
selected and utilized for this Agreement.
0)
5. The following replaces paragraph 8.Payment g.Final Payment Request,Attachment 1, Standard Terms and 2
Conditions: eat
a. Final Payment Request.A final payment request must be submitted to the Department no later than fifteen a
(15)days following the completion of the project or the expiration date of the Agreement to ensure the
availability of funds for payment,which ever date comes first. tcj
6. The following replaces paragraph 10, Status Reports,Attachment 1, Standard Terms and Conditions: N
a. Status Reports.The Department may require the Grantee to submit the status report on Exhibit A,Progress
Report Form,to the Department's Grant Manager,with every task completion,and submittal of deliverables.The m
Exhibit A,Progress Report Form,must include a description of the work performed during the reporting period,
problems encountered,problem resolutions,scheduled updates,proposed work for the next reporting period,and
the percentage of the work that has been completed to date.
b. Quarterly Reports.The Grantee shall submit status reports quarterly 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,proposed work for the next reporting period,and the percentage of the
work that has been completed to date.Quarterly status reports are due no later than five(5)days following the
Attachment 6
Page 1 of 2
Rev.7/7/2020
Packet Pg. 2683
J.8.a
completion of the quarterly reporting period.For the purposes of this reporting requirement,the quarterly
reporting periods end on March 31,June 30, September 30 and December 31.The Department will review
required reports submitted by Grantee within thirty(30)days.
c. Final Project Report.The Grantee shall submit Exhibit F,Final Project Report Form,prior to requesting final
payment.The Final Project Report may be submitted in lieu of the final Quarterly Report described above,only
in instances where the next quarterly report falls after the project completiondate.
7. Attachment 3,Grant Work Plan, 15.Performance Measures shall require that all deliverables and reports submitted
to DEP will be Americans with Disabilities Act(ADA)also known as 508 Compliant,in all formats provided.
8. Copyright.Patent and Trademark.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 this Agreement. °—
b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support.
9. Grant funds may not be used to support ongoing efforts to comply with legal requirements,including permit conditions, <
mitigation and settlement agreements.
c
c
0
CJ
c
2
LO
CD
2
0
CJ
cv
U
Attachment 6
Page 2 of 2
Rev.7/7/2020
Packet Pg. 2684
J.8.a
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Progress Report Form
Exhibit A
DEP Agreement No.: R2111
Grantee Name: Monroe County BOCC
Grantee Address: 1100 Simonton Street, Key West, FL 33040
Grantee's Grant Manager: I Michael Roberts Telephone No.: 305-289-2502
Project Title: Resilient Coastlines Pro ram
Reporting Period: (MM/DD/YYYY— Report Type: Quarterly
MM/DD/YYYY) (Select only one) Status Update
INSTRUCTIONS: 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 W
task; indicate the percentage of the task that has been completed to date.
c
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The followine format should be followed:
0
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
c
Percentage of task completed:
0
Task 2:
Progress for this reporting period:
LO
Identify any delays or problems encountered:
Percentage of task completed:
This report is submitted in accordance with the reporting requirements of DEP Agreement No. R2111 and
accurately reflects the activities associated with the project. E
cv
Signature of Grantee's Grant Manager Date
Exhibit A,DEP Agreement#:R2111
lofi
Rev.5/30/2017
Packet Pg. 2685
J.8.a
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No. R2111
Payment Request No. Request Date:
Grantee's Grant Manager Name: Michael Roberts
Monroe County BOCC
Grantee Name&Mailing W
Address for Payment:
500 Whitehead Street
Key West,FL 33040-5714
0
Task No(s). Total Task Amount(s) Requested:
�C
Performance Period-Date Range:
GRANT EXPENDITURES SUMMARY SECTION
CATEGORY OF BUDGETED AMOUNT OF PAYMENTS REMAINING
a
EXPENDITURE a
(As authorized) AMOUNT THIS REQUEST RECEIVED AMOUNT
Salaries/Wages $ -
m
Fringe Benefits $ -
0
U
Indirect Cost $ - 2
Contractual $ c0
(Subcontractors) o
Fixed Price ; $ - a
TOTALS $ - $ - $ - $ - LO
E
GRANTEE CERTIFICATION
1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement.
m
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 o
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.
m
U
Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature
Print Name Print Name
Telephone Number Telephone Number
R2111 - Exhibit C Page 1
Packet Pg.2686
J.8.a
R2111-Exhibit C
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RESILIENT COASTLINES PROGRAM
INSTRUCTIONS FOR COMPLETING
EXHIBIT C
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####.
PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number.
REQUEST DATE: This is the date you are submitting the report to DEP.
GRANTEE'S GRANT MANAGER: This is the person identified as grant manager in the grant agreement.
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address to which you want the state warrant(payment)sent. 0
TASK NO.: Enter the number of the TASK for which you are requesting payment. NOTE:More than on task may be submitted for B
c
payment request. However,Part II and Part III REQUIRE a separate table for each task requesting payment for. 2
a
C.
TOTAL AMOUNT REQUESTED: This should match the amount on the"TOTAL AMOUNT" line for the`AMOUNT OF THIS
CLAIM"column.
PERFORMANCE PERIOD-Date Range: This is the beginning and ending date of the reporting period requesting reimbursement
for. NOTE:This date can not be before the Grant Execution Date,nor after the Grant End Date. 61
E
ez
GRANT EXPENDITURES SUMMARY SECTION: >
d
Enter the total amount budgeted as approved in Attachment 3 in the "BUDGETED AMOUNT" line.
v
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.
0
v
"AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was paid out for all listed tasks during the invoice period for 0
Iii
which you are requesting reimbursement. y
This must be b budget category as in the currently approved budget in Attachment 3(Project Work Plan),or amendment of our rant 2
Y g g Y Y pp g ( J ) Y g C,
CL
Agreement. B
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 in tables are auto calculated,and are indicated with"$ - . E
L
GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and the Grantee's Fiscal B
Agent as identified in the grant agreement.
d
C.
REQUIRED BACK-UP DOCUMENTATION FOR EACH TASK REQUESTING PAYMENT FOR: 0
V
Completed all parts of Exhibit C showing requested funds for payment-Parts II&III Not required for Fixed Price Agreements.
NOTE. farts II& III have are erainple line entered in the table. Kit inar-delete this line of teed ow in copied tables for additional N
taskss
Completed Exhibit A(Progress Report)showing requested task to be 100%completed,for requested funds.
d
Copies of all invoices to the Grantee. E
Proof of Payment(Copies of canceled checks,front and back,Bank Statement,or EFT verification)-Not required for Fixed Price w
Agreements. B
If a sub-contractor was used for any work on the project,a copy of the signed agreement between the sub-contractor and Grantee must be
submitted to DEP before payments will be processed.
Other supporting documentation,as needed.
Exhibit C-Instructions
Packet Pg.2687
(seeiV uoi;oV uoi;e;depV}o;uawdolana®JOIJOBJIUOO}o IBAOiddV) S-;uawaaAV a;aldwoo- LZN :;ua yoe};V w
R w?
w
0o a
-� 6)
IL
d
Y
U
R0o�c �� a
C —
O p y ;R '
Ez ,
Q c� in
N V
N
R N
D
w > v m
o a c 0
IL
3
u
u
V i
d �
O O
w R Oo v
V
D
O
N
� � U
C y �
R
a
'gyp Y D C7
IL 0 0. c
c,
v o w .
Om N
u —>' auo a
o 7 M 2
W > O c o u
_ Y
> o
L
x
Q C O V p W
o L a v
v O;E to
r i y a > 7 N
V � O C O z
c U
u vi
`� Y Y c E oY
r
SO
O
Z N -6 UO U N
o
E v v m v
v Y a a >
E ° O c
' ran ?
-0 w c� o o a
a y
v O M Q zs a
v v Y a V
u � �
u C?
Y
c _0
o m E EE
U Y C7 R C0
C i im' N o z
G! -Q
� a v R R s+ �
O R C u..1
u -MO O
Y L a 0 E y
mu 73 y
h v mmm
v r y
L7. N
� N +s.+ O O � O y
aR+ v u u u `L w
m m 3 w 0.
o Y Y a z E uy
c o
y O O y �/ R V
R i E N
v o v v � N R az
a m m E p
H
coy ¢ m m Li a o
(sea V uo!;ay uo!;e;depV jo;uawdOlana(]aO;;ae IUOO;O IenoaddV) 5-3uawaa BV a;ald woo-LLLZU:;uawLjoe33b' m:'
ml co
9Di Nz
a
d'
11VS
a'
a a
a a
v a v
a
o c
E 'm E 'm
V} of
z
,C 0
a` mo F a moZm
`0''C-2s m `0 C-2s
N I? Q N I? Q
V m V m
a CL
N.
x x a
r m a� r m ID 000000 o f
E Ems ; Qom;
m m
a a v .n
O O O O O O
'm 'm 000000 0/a
a a a rn rn rn rn rn rn o 0
J m a m
m
r a a O bD
W �
m
c; ra
�E a E :210
0.
R 'R
T 0 0
LL u °
VI -° � > y O •� N C O L U C d � N
Q " O M u'i L 00 7 u7 i 7 a ti
Qm
c E c m �.
m
v cc
m
m m
a, o x Y �+ m c' sn p
Q o E m 3 c w E-v 0
c c
J _ o
Q E ms, a
m
v
v v
o m o m o
c O Y O a O v a a
c u c u c
co E E m i E m i E
m 'a °c m i
° v
a a v rs, rx, C m
ZZ
T C
O O O O O O
m L
m m
toC, y z z
° Q 3
O 0 .t, ami ami 0
U
c
c c
E v `a a L
m ° E E o E o
u u N O 0 S� ttJ ttJ O
c73
m
v v v o 0 0 0 0 0 4
u u C u
o
c c CLU
2?
a = N o o
U Q M M ti I
IS.1 IS.1 Li.1
J.8.a
EXHIBIT F
DEP AGREEMENT NO.R2111
Resilient Coastlines Program
Monroe County Board of County Commissioners
Final Project Report
0
c
VEPAR
T 0.
® >
ti �i{f}��sa A%® C.�
� TAL
LO
CD
2
0
CJ
r
r
r
N
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&y°ever°
Exhibit F,DEP Agreement#:R2111
i of 4
Rev.3/11/2019
Packet Pg. 2690
J.8.a
Final Project Report
Resilient Coastlines Program
Executive Summary
c
c
c
0
CJ
c
2
Methodolo
LO
CD
CJ
cv
Outcome
u
Exhibit F,DEP Agreement#:R2111
2of4
Rev.3/11/2019
Packet Pg. 2691
J.8.a
c
0.
Further Recommendations c
c
0
CJ
0
0
0.
0.
LO
CD
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
0
CJ
cv
u
Exhibit F,DEP Agreement#:R2111
3 of 4
Rev.3/11/2019
Packet Pg. 2692
J.8.a
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.
0
Questions regarding completion of the Final Project Report should be directed to the Department's Grant
Manager,identified in paragraph 18 of this Agreement. E
0.
c
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
0
c
2
0.
0.
0
cv
Exhibit F,DEP Agreement#:R2111
4of4
Rev.3/11/2019
Packet Pg. 2693
DEPARP��
Florida Department of Environmental Protection
t�r z
EXHIBIT G
`,� PHOTOGRAPHER RELEASE FORM
TAL YS FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
DEP AGREEMENT No. R2111
RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter's Name
Address
City State Zip
a
Phone Number. ( ) Email:
c
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 0.
c
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 cj
the media and in commercial products. The Florida Department of Environmental Protection reserves the 0
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 Ln
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 E
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 c
U
assigns. I have read and understand the terms of this release.
cv
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#:R2111
lofi
Rev.5/1/2019
Packet Pg. 2694
." ,
. Kevi s
CPA
�w Clerk of the Chult Court&Corniftler—Monroe County, Florida
Nry fif.w,i�J.:^F;
\a
p
DATE: August ,2020
® Emily
Planning
FROM: Pamela Hancock,',","
SUBJECT: August 1
qq
Enclosed is and electronic copy of theo itcm, executed1 e E
County,for your handling-
J3
Coastlines Progrt Agreement R21 11 from the Florida
Department of EnvironmentalProtection 5, Develop
Approaches for Adaptation Action
Should you have s ` s please feel fire to contact me
0
2
c
N
c: County Attomey
File
BUILDINGKEY WEST MARATHON PLANTATION KEY PWROTH
1Whitehead Street 3117i iPoint
Key West Rorlda 33040 Marathon,1 FloridaI I
1 7 '
- 1
Packet Pg. 2695
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant AVU-*—Inent
T ,� ri!en ni is entered into between the Parties named below,_ purmant to Section 215.971,
Florida :
1. Project Title ). Agreement Number:
Remillent Coadlinam
2. Parties State of Florida Department in
of Environmental Protection,
3900 Commonwealth Boulevard
(DepartmeniveFloridat)
,..�
Grantee Name: Monroe County Board of County i Meal
SimontonGrantee Address: 1100 t,Key West,FL 33040 FEID: 7 1
Begin3. Agreement e: Date of Expiration:
Upon Execution June 30,2021
4. Project Number:R2111 J ect ):
„W t r
_...... __,_e._ 0
) Monroe County
PrOed Description:
Monroe County will update data and develop policy approaches 1br Adaptation Action Areas(AAAm� E
0.
c
5. Total Amountof : i'rrin Source? #s L' 1 Arirl o�rrE otsl: >
$ e 1 , .0 I
... ....
❑ State [ Federal 2
a. .. .__..._......
13 Grantee Match
Total Amount of Fundi nLt+Grantee N1 al %i if an: $75.000.60 F
6. Department's Grant Manager Grantee's Grant Manager — 0
Whitney
or successor or successorc
Address: _ Commonwealth lv s: a Highway. ._._ _.. .......
Phone: MS235 Marathon,FL 33050
Tallahassee,FL 32399
_ .. . - ...... .....
Email: O:l=lRobarts-NHehad@MonroeCounty-FLGov
7. The P i agree to complyte= and conditions of the following —exhibits which am hemby m
• ..,rpo reference:
___ ._
9 Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements
tio
P m�.
Ea7 Attachment 3:Grant Work Plan
91 Attachment 4 Public Rcq s
I ®Attachment 5:S.."11111111111pecial Audit Requirements
r-
0 Attachment
6:Prop imm-Specific Requirements
N
Attach
7: t o ). b at 1 c ¢215. 5,F.S. m
_.__��: �........ --° ---- -.,- - ���uu:
❑Attachment 8:Federal Regulations and Terms(Federal) E
ran,....................
Additional Attachments(i ): m
Exhibit s Report Form
ol.jerty Reporting Form
Exhibit C:Payment Request Summary Form
El `bit D:Quality Assurance Requirements for Grants
—Payment Tam and Interest Earned Memof
AdMional Exhibits(if )`Exhibits Final Report Form,Exhibit G: _er Release ..:o
rm
DEF Agra==No. R2111 Rev.6n0118
Packet Pg. 2696
8. The following ioapplies is only and is identified in accordance with 2 CFR 00. l( )(1):
F w Identification �� ,....r�s��i �� �
Federal Award Date to DoEartment:
.k ....-
Total Federal Funds ltLw Li b,ti,this A 1,,e o t: j
FcderalAkwAJrd7njjA,4, ncy:
A 7 �w .. .
........ -
WHEREOF,IN WITNESS
this Agreement_ shall be effective- on the date indicatedy the Agreement Been Date above or the
Ian d j2 .
Monroe County Board of County Commissioners
GRANTEEGrantee i
e R : !) K,CLERK
.,.�.... y . V
t
Y �` 4� 5 r
e- g` ___. ....�
(Authorrzed Sib'm+ ) c�;Date Signed �
Mayor Heather Carruthers � As Deputy Clerk �
J�Nexne itlof PersonSi°�ira, n
- m
State of Florida
0.
...__....._. 'P.... _ ...�._..._... .. ..--
_...... _..._._RNT .._ .__ _... .._
c
Secretary or Designee Date
� ......
tN andntle of Person S,�Y:�w �
U
._ LEGAL REVIEWING ENTITY 4-
0
By 2
m ,.
e and TWe of Person Signing
13 Additional i d on separate page.
TOPAM
Paw. r
cv
U
DEPAreementNo. R2111
1
Packet Pg. 2697
J.8.c
Exhibit A
SECTION FOUR - SCOPE OF SERVICES
Monroe County Resilient Coastlines Program
Adaptation Action Areas (AAA's)
4.1 Purpose
The Consultant will update existing data and develop recommended policy approaches for
Adaptation Action Areas (AAAs). This project builds upon numerous sea level rise/data collection
efforts to identify vulnerabilities and supports a critical time in the County's long-term recovery
process following the devastation of Category 4, Hurricane Irma. The effort includes assessments o
of latest data and case studies for AAAs; updating vulnerability modeling; developing policy E
recommendations for AAAs; GIS analysis of potential AAAs; and outlining future data needs and
options. The deliverables from this AAA project will inform decision-making for long-term sea
level rise planning and rebuilding/recovery efforts.
4.2. Project Description: The County's GreenKeys Climate and Sustainability Plan includes a.
Recommendation 1-31, "Develop criteria for Adaptation Action Areas and adoption in —°�,
Comprehensive Plan." The County adopted an Energy and Climate Element policy into its 2030
Comprehensive Plan directing the identification of criteria to define AAAs and the update of
existing maps or creation of new maps that display potential impacts of sea-level rise for
consideration in long-term planning decisions (see Policy 1502.1.4). The County has also 2
collected extensive data; completed vulnerability analyses; completed the 5-year GreenKeys
Climate and Sustainability Action Plan; acquired countywide mobile LiDAR elevation data; and
is currently completing Peril of Flood comprehensive plan amendments. c
The County's next priority is developing AAAs and associated Goals, Objectives, and Policies
within the Coastal Management Element. Monroe County expects the consultant will develop C
draft AAAs (preliminary AAAs with associated goals, objectives, and policies) using existing <
policy guidance, best practices, case studies, updated data, and most current approaches as a
foundation for this effort.
While the county has already undertaken initial vulnerability modeling assessments, other more
recent initiatives warrant updating this model to serve as the basis for AAAs. The updates to the
model will add the County's current mobile LiDAR elevation data; evaluate updated sea level t�
rise projections of the Southeast Florida Regional Climate Compact; and include outputs from
the County's two-year Countywide Roads and Stormwater Analysis with implementation plans 0
for actual road and stormwater projects. The consultant will also review data from the County's
FEMA Community Rating System-compliant Watershed Management Plan which identified 2
initial areas of stormwater and County facilities' future flood risk. The updated vulnerability 0
model will be utilized to determine infrastructure and habitat impacts as well as areas of
increasing vulnerability for a 2030, 2060, and 2100 sea-level rise assumption horizon. The
planning process will also incorporate stormwater management and social vulnerability analyses
using best practices identified by the Center for Disease Control's (CDC) Social Vulnerability
Index or other evaluation strategies identifying vulnerable populations and potential public health <
risks. Further, the County will consider approaches incorporating infrastructure and public
facilities; habitat and land acquisition, management or protections that restore natural shoreline
Page 1 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2698
J.8.c
features; and development and recovery considerations. Lastly, the County is in the process of
updating its Local Mitigation Strategy and developing a Post Disaster Recovery Strategy to
position itself for long-term recovery. These updated strategies will further inform the County's
AAA policy framework. The County anticipates the consultant review these data sources for the
vulnerability modeling updates.
a�
4.3 Project Tasks & Deliverables
Task 1
A. Title: Annotated Analysis of Existing Data Resources, Best Practices and Case
Studies for the Establishment of AAAs.
B. Goal: Document numerous approaches to developing AAAs in Florida and other states to
determine best practices for AAA development. c
C. Description: Several local governments have already undertaken efforts to designate o
AAAs to fit localized priorities. Some local governments have designated wholesale
geographic areas within their community broadly as an AAA, while others have created
independent project-oriented approaches. As an Area of Critical State Concern, Monroe
County is likely to have unique issues in addressing its AAAs that will include
consideration of elements related to the built and natural environment, as well as recovery
efforts due to Hurricane Irma. The Consultant will review the AAAs establishment work 0
done by other County and municipal jurisdictions across the state. The Consultant may also
look outside of Florida at best practices and approaches like AAAs, such as Resiliency 76
Districts, that garner policy and financial prioritization in local government decision-
making as an adaptation strategy.
�t
D. Deliverables:
1) Final Memorandum Outlining Existing Data Resources, Best Practices and Case X
Studies for the Establishment of AAAs 1°
Task 2
A. Title: Updated Vulnerability Assessment
0
B. Goal: Update the County's GreenKeys Climate and Sustainability Vulnerability 0)
Assessment which will provide the modeling and data to support policy development for
the establishment of AAAs. c
C. Description: The Consultant will update the County's vulnerability assessment utilizing
new elevation data (provided by County), updated sea level rise projections, shoreline
information, capital project data, social vulnerability index, and stormwater management
data. The updated vulnerability modeling with new elevation data will be used to determine
infrastructure and habitat impacts as well as areas of increasing vulnerability for a 2030,
2060, and 2100 sea level rise assumption horizon. The analysis will also incorporate an
Page 2 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2699
J.8.c
analysis stormwater management and social vulnerability using best practices such as the
Center for Disease Control's Social Vulnerability Index or other evaluation strategy
(identifying vulnerable populations and potential public health risks).
Monroe County has made a long-term commitment to the development of its GreenKeys
Climate and Sustainability Plan, recognizing data gaps and developing more refined data
�t
for decision-making. The County has built datasets related to stormwater structures,roads,
habitat and habitat transitions, County, and critical facilities. The consultant will update
the County Vulnerability Assessment to develop a policy framework for addressing
multiple priorities: infrastructure/services, habitat and recovery. Examples of how AAAs o
could be developed include potentially "categorizing" the types of AAAs and developing
specific Objectives and Policies related to the vulnerabilities within those geographic areas.
As such, the County anticipates developing multiple AAAs. Concepts for different
planning challenges will be parsed out;pre-mitigation planning will be focused; and a tool
to target grants, recovery assistance, and prioritize capital planning and land policy will
also be created. Updating the vulnerability analysis related to habitat transitions or impacts o
could assist the County in aligning land acquisition, management and restoration policies
to utilize critical landscapes, such as mangroves, as a natural resiliency strategy. Updated
analysis using the County's new elevation data could also serve as the basis for AAAs that
align with capital planning to ensure the continuity of social and governmental services
after storms as well as longer-term with the impact of sea level rise and/or other social-
related impacts.
U
Based on this updated data-assessment, the Consultant will develop recommendations for c
policy approaches for the designation of AAAs.
2
D. Deliverable(s):
e(
1) Assessment of available County data and analysis of existing data resources.
2) Memorandum describing modeling strategy approach including elevation data, social
vulnerability, stormwater, natural systems, and recovery elements. L1°
3) Present County and stakeholder engagement elements and results, including meeting
materials (agendas and meeting minutes), draft findings, refined analysis results, and
intermediate vulnerability assessment results. t�
4) Finalized Vulnerability Assessment
0
Task 3
r_
A. Title: Memorandum of Recommended Policy Alternatives for the Establishment of c
AAAs
B. Goal: This Task seeks to develop policy alternatives for consideration by, and input from,
the Board of County Commissioners to establish AAAs.
e(
C. Description: Understanding that the County has a unique geography with an equally
unique system of growth management regulations, the County views AAAs as a critical
Page 3 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2700
J.8.c
policy tool to address vulnerable areas through policy and financial investments that will
strengthen its natural resources,housing,regional economy,and overall tax base as impacts
from climate change increase over time.
It will be necessary to contemplate different types of AAAs or policies to implement
different sets of goals. This deliverable will explore those options, informed by the
e(
deliverables from Tasks 1 and 2, and include options for the County to consider in
establishing AAAs.
e(
D. Deliverables:
1) Draft Memorandum of Recommended Policy Alternatives for the Establishment of
AAAs
2) Present draft findings to County staff and refine analysis results and finalize c
vulnerability results including Agenda and Minutes from meeting with County staff.
3) Final Memorandum of Recommended Policy Alternatives for the Establishment of a.
AAAs —°�,
Task 4
0
A. Title: Maps, Goals, Objectives and Policies for Preliminary AAAs
0
B. Goal: This task will use the recommended policy alternatives for the establishment of
AAAs and graphically depict these areas for public review and comment. c
C. Description: The Consultant will visually depict Maps of the AAAs informed by the policy
direction developed and provided in Task 3. As a companion to the Map series, the Goals, t
Objectives and Policies will be developed to support the designation of AAAs for internal <
review and consideration by the Board of County Commissioners in Task 6. The scope of
the Map series will be defined by the best practices research from Task 1,the Vulnerability ,
Assessment in Task 2 and Policy direction from the Board of County Commissioners in 1°
Task 3. The AAAs maps may include substantial parts of the County or be more narrowly
tailored to address location-specific issues. Goals, Objectives and Policies will clearly be
tailored to address the unique priorities within those designations.
D. Deliverable(s): 0
c,
1) Develop Draft AAA Maps Series and Goals, Objectives and Policies 2
2) Present draft AAA Map Series and Goals, Objectives and Policies to County staff and c
2
refine analysis results including Agenda and Minutes from meeting with County staff.
Minutes from meeting with County staff.
Task 5
Page 4 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2701
J.8.c
A. Title: Public Engagement Meetings
B. Goal: This task ensures there is public participation in the review and development of
AAAs.
C. Description: The Consultant will make all documents, reports, studies, and agendas '
readily available for public viewing (at County offices and County website) and provide
presentations at public workshops,public work sessions, and public meetings on the work
completed to develop policy alternatives to establish AAAs and associated maps. The
County's geography being over 100 miles in length requires public meetings in multiple
locations to ensure all public participants have the ability to attend and participate in a
location relatively close to their property.
�t
D. Deliverables:
1) Series of 3 Public Workshops 41 in the Upper, Middle and Lower Keys with public a.
engagement materials to present modeling results to County and the public after —°��
Deliverable 2. Minutes, sign-in sheets, agenda and presentation materials will be
included. All municipalities will be invited to attend.
2) Series of 3 Public Workshops 42 in the Upper, Middle and Lower Keys with public
engagement materials to present modeling results to County and the public after 2
Deliverable 4. Minutes, sign-in sheets, agenda and presentation materials will be
included. All municipalities will be invited to attend.
3) Board of County Commissioners Presentation 41 to seek policy direction with Agenda c
and presentation materials after Deliverable 3. Minutes, agenda and presentation
materials will be included. a
4) Board of County Commissioners Presentation 42 to seek policy direction with Agenda
and presentation materials after Deliverable 4. Minutes, agenda and presentation <
materials will be included.
5) Website content will be developed.
6) Coordination will occur with the County's Public Information Officer to distribute at L1°
least 4 press releases prior to public and County Commission Presentations.
Task 6
A. Title: Final Report with Model Ordinance language for AAAs 0
B. Goal: This task will develop the final recommended Goals, Objectives, and Policies for 2
the Coastal Management Element of the Monroe County Comprehensive Plan and AAAs c
map series.
C. Description: The Consultant will review all work deliverables and public comment as
well as BOCC direction to finalize comprehensive plan amendment language for AAAs.
e(
D. Deliverables:
Page 5 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2702
J.8.c
1) Draft Report with Model Ordinance Language for AAAs.
2) Present draft report with Model Ordinance Language for AAAs to County staff and
refine analysis results. Agenda and Minutes from meeting with County staff.
3) Final Report with Model Ordinance Language for AAAs.
m
0
0
0
m
0.
0
0
0
0
0
76
0
x
0
0
0
0
r-
0
m
Page 6 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2703
uog3V uoge4depVjo 4uewdolOAGa JOI 43BJ4UO3 10 ' n®add ) oZtZgo sVVV 49 fan a :4u9ua 3 44 I
~ N N N N N N N N N N N N N
m
Q \ ry N N N N ry ry ry N \ \ \ N N N N N N N N
� D O D O ry m m m 0 O
\ \ \\ \ \ \ \ \ \
VI •-i N
W N N M: ti N N N d' d' tp tp tp t0 t0 t0 t0 t0 t0 t0 t0
U
tC
a
a
a
E
U
0
m
0A
C
.E-
m
E
a
m
a e' '
O
a
00
- v
a �
m �
N Q
Y
U N
a v r
® Y Y
u m l7
a a a" o _
m
F � Y
O o ) , ol olv
O w >, m N > m a Y v Y v v
15
.+ H =o v =o
Q E g Y c c 3 3 v
-o c - 0 -
N o_ o_ a
0
Q
T} ++ a Q O m in
c a > l7 > oceana v
max as `° .. v M v *'
as a ,.
u oo ya m a° a° V
•a n «'' 0 0 0 0 a c o O c Y Y ry 'u
m _ -a v `o E `O Y E o
L 'm vai .a E vai .N =p O 2 0 in u +�+
u .0
c v o c z a "' ' o0 oo r ' o
° o u m E
> E E E Q u E o ac °E o a v
u° 4 § a t - z i a a - an �? m - a° m � u - O
80008;i 0 O O O O O O 0 O O O O O cc 0 0)
♦., O O O 0 O O 0 0 0 O 0 O O O O O cc 0 0:
C O O O O O C; O O L' C C O C; 'd' 'd' O O N O O 0 O'
O N b'N 00.. Ct. d' ,� 'r{It N N 0 N N a-I N a-i' m m CD N:
a
aav'TJa aauTZ a, �a�s
Y m
A O
m 0
u'
rl �`i ri ey ti' :•,y N N N N N N =,y M M M M M M M =,y ,�..
D
U'
jo 4uawdolOA00aI 43a4U 10 gna ) oZtZgo sVVV pug VA A4unoo aojuoW34;
R c
co N
a
0 0
N r-I r-I r-I r-I N r i r-I ri
-q -1 1-100 r4 \ \ \ c\I N N N r-1 N N N
O o o 0 CN :\ \ \ CV CV '.. r\-i r\-i r\-i
• r-I N N N N aq \ \ \ M M l0 l0 l0
N
3 3 3
LL LL ::>
o 0
° \ \ 1\0 0 \ \ \ O 1 r-i \ N N
N to N N lO
\ r-I \ r\i \ \ \I \ N \ N N
a) o' r-I c 1 c i[ a) O ri c I cU \ N \ \
a--. _0r-I'. c c-i -0c-i ri'.. ri -0 M -0 M M
C Ln V) V) Ln : Vf In IN Ul IN In IN IN tN V)
w o rn Ln rn rn w r-i -i rn d rn Ln LC)
o t oo w Ln co t oo r. �o Ln d oo 1-0 io
41 r-
c (3)
4- r
(f IC b- to ': r-i M RS
4- CO _ > �6 �6cc 4-
O
c 1 • to M M 1- N
ro
to tp Q � 'II
• �. Q •
• U � > in 4- to �° C7 (D
_ to O
Q
rn N ' Q Q Ln +� L-
in m c a a� H- Q c a) o
N - m - > N O
v + s= N C� v sZ 3
cu a) � ca' cR > � > U
w N N41
a,
• vi �' to C7 v OL Q a1 co N
cu a) cc a� u, v + W O Q c r4c •
v, 3 Ln c c CIO
4- _0 - '5 E L Q c 4 o O p - c
> O �' Q O Lnvi U 30 v"- v"'-
u CC
U Ln 0to 0 N _ In "'
O (O >- CV >+ t6 N
Q In
N C IN: C -L
S O > •N (6 :N t�6 to („) (O .. U Q
> Q ~ Q Q
(60 G > s L C ++ C L-
6 O U > Q o C? 0- o v
a� t6 w N N v Q c v c
L %v v)
z O to V) V) 7 _ Ln a1 i O i)
` U Q <C
ti
H
v -P 131 4- Gip �
c-i c-i.:: r-I r-i c-I I CV 1'.N r4 N r4 N CV N N
jo 4uawdolOA00 a I 438J4UO3 10 g n a ) oZtZgo sVVV pug VA A4unoo aojuoW :4uawLj3e44V w
R c
co N
a
CD a
r r4 r4 r4 r4 r4 rlJ 4 '
110 ILO w 1.0 t.0 Q0 �o 1.0
0 oI
N
rn \ N � N �
7 tU rn
14 N N tU
L.L LL :LL
C N >• N N >` V) N >
+ c0 cc t0 - cc c0 _0
-0 -0 : t.0 -0 -0 l0
0 m 00 ci � 00 r r^ 00
O O N N
j O >- C O Q
Y U (�6 U d
(D h
N N
O v O :v chi +,
C OL a CL
co lCU to
cU cU
V) V) V) V) •:L
O O O N
a-+ > 4 _0
cI
c6 + f V O
Q Q C C
Q
Q +� O Q Q O a
c0 tQ V)
Va 4-
CO
v
c v v ,ri O
a -1m: U N
c-i > V) fU N N Ln Ncc N:
Y N to : tU �-- � � T)
O C (0
cc CO L-
0 C i N'
O N >O � N p
O > O O O co N 4-
'
v j v Q C?Ln
C m
p O N CL m O N O O (
m E
U m p U i2 U +J N O
p + 0 O 4- r4 0 O
c0 Q1 U
V)E
N V, c6 1)
c6 y_: V) V) : c0 cU 0W : U -C
cn " m C? cn I� m co c° O
Ln 'i
4
co s� v cu 4 nn -C;
rn m m m rn m m M
jo 4uawdolOA00 a I 438J4UO3 10 g n a ) oZtZgo sVVV pug VA A4unoo aojuoW :4uawLj3e44V
R c
co N
41
x
�a
N ,n.
v
N
Q
N
7
N
N
N
Q
N_
� M
� N
v
LL
N
(6
O
N
u
41
0
Q . 41
`.
N
0 41
O
V=
O-
0un
41
O
N
Q
O
N
7
jo 4uawdolOA00 a I 438J4UO3 10 g n a ) oZtZgo sVVV pug VA A4unoo aojuoW :4uawLj3e44V
R c
co N
x
�a
N ,n.
v
N
Q
N
7
N
N
N€
N_
N
�1
d
N
v
N
(6
cl
N_
u
41
O
N
O
Z
O_
N_
V=
O-
0=
Ncl
41
V)
O
N
Q
O
N
7
jo 4uawdolOA00 a I 438J4UO3 10 g n a ) oZtZgo sVVV pug VA A4unoo aojuoW :4u a 4;
cfO N
N R
41
N
N
O
Z
N
N
V
O
cl
N
41
V)
N
N
Q
N
N
7
N
N
C Ln
N
�1
d
N
N
N
N
Q
N
N
(6
N
N
41
LL
N
N
(6
N_
u
41
N
O
Z
N
V
Q
jo 4uawdolOA00 a I 438J4UO3 10 g n a ) oZtZgo sVVV pug VA A4unoo aojuoW :4uawLj3e44V ,
a
cfO N
N R
u
N
N
O
Z
N
N
V
O
cl
N
41
V)
N
N
Q
N
N
7
N
N
C �
N
�1
d
N
N
N
N
Q
N
N
(6
N
N
41
LL
N
N
(6
N_
u
41
N
O
Z
N
V
Q
J.8.f
MONROE COUNTY
CONTRACT FOR
THE UPDATE OF EXISTING VULNERABILITY MODELING AND DEVELOPMENT
OF POLICY RECOMMENDATIONS FOR ADAPTATION ACTION AREAS (AAA'S)
THIS AGREEMENT is made and entered into this day of 2020 by o
MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address
is 1100 Simonton Street, Key West, Florida 33040 and Erin L. Deady, P.A. ("CONSULTANT"),
whose address is 54 1/z SE 6th Avenue, Delray Beach, FL 33483. c
WITNESSETH
c
WHEREAS, the COUNTY issued its Request for Proposals RFP ("RFP") pursuant to state and
local law to solicit proposals to develop recommendations for Adaptation Action Areas (AAA's) E
and related services; and o
WHEREAS, Consultant is a professional qualified to render said services and has responded to
the RFP by submitting its proposal in response to the RFP ("Proposal"); and 0
WHEREAS,the COUNTY desires to engage Consultant to provide such services to the COUNTY
according to the terms and subject to the conditions set forth herein. 0
c
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the 2
COUNTY and CONSULTANT do hereby agree as follows:
Section 1. SCOPE OF SERVICES
CONSULTANT shall perform and carry out in a professional and proper manner certain duties as 0
described in the Scope of Services —Exhibit A —which is attached hereto and made a part of this
agreement.
CONSULTANT shall provide the scope of services in Exhibit A for the COUNTY.
CONSULTANT warrants that it is authorized by law to engage in the performance of the activities _
herein described, subject to the terms and conditions set forth in these Agreement documents. The v)
CONSULTANT shall at all times exercise independent, professional judgment and shall assume
professional responsibility for the services to be provided. Consultant shall provide services using
the following standards, as a minimum requirement:
A. The CONSULTANT shall maintain adequate staffing levels to provide the services
required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual relationship with the
County. To the extent that Consultant uses sub-Consultants or independent Consultants,
this Agreement specifically requires that sub-Consultants and independent Consultants
shall not be an employee of or have any contractual relationship with County.
Packet Pg. 2711
J.8.f
C. All personnel engaged in performing services under this Agreement shall
be fully qualified, and, if required, to be authorized or permitted under State and local law
to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
0
2.1 The County will provide such data as is required by the Consultant and is mutually agreed
upon.
2.2 The County will make payments as outlined in Section 4 of this Agreement.
Section 3. TERM OF AGREEMENT o
3.1 Except as noted below, this Agreement shall begin on the day of _September
2020 and will conclude with delivery of the deliverables outlined in Section
1 of this Agreement, which shall not be later than June 30, 2021.
a�
Section 4. PAYMENT TO CONSULTANT 0.
0
4.1 Payment will be made according to the Deliverable Schedule attached as Exhibit B, and
according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida 0
Statutes. Partial tasks maybe invoiced and approved by the County. The Provider shall
submit to the County an invoice with supporting documentation in a form acceptable to the 2
Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and 0
such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Project
Manager will review the request, note his or her approval on the request and forward it to
the Clerk for payment. 2
4.2 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon --
annual appropriation by Monroe County.
Section 5. CONTRACT TERMINATION o
0
Either parry may terminate this Agreement because of the failure of the other parry to perform its u
obligations under the Agreement. COUNTY may terminate this Agreement with or without cause
upon thirty (30) days' notice to the CONSULTANT. COUNTY shall pay CONSULTANT for
work performed through the date of termination.
Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS
A. CONSULTANT hereby agrees that they have carefully examined the RFP, the proposal
response, and this Agreement and has made a determination that he/she has the personnel,
equipment, and other requirements suitable to perform this work and assumes full
responsibility therefore. The provisions of the Agreement shall control any inconsistent
provisions contained in the specifications. All specifications have been read and carefully
considered by CONSULTANT, who understands the same and agrees to their sufficiency
Packet Pg. 2712
J.8.f
for the work to be done. Under no circumstances, conditions, or situations shall this
Agreement be more strongly construed against COUNTY than against CONSULTANT.
B. Any ambiguity or uncertainty in the specifications shall not be construed against the
drafter.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by
CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with the
terms of this Agreement, and specifications covering the services. C
D. CONSULTANT agrees that County Administrator or his designated representatives may o
visit CONSULTANT'S facility (ies) periodically to conduct random evaluations of
services during CONSULTANT'S normal business hours.
E. CONSULTANT has, and shall maintain throughout the term of this Agreement, o
appropriate licenses and approvals required to conduct its business, and will at all times
conduct its business activities in a reputable manner. Proof of such licenses and approvals
shall be submitted to COUNTY upon request.
0
Section 7. NOTICES
0.
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed,postage prepaid, to the other party by certified mail, returned receipt requested, to the
following: `*
To the COUNTY: County Administrator, Mr. Roman Gastesi
1100 Simonton Street, Suite 205
Key West, Florida 33040 0
76
0
To the CONSULTANT: Erin L. Deady <
54 1/z SE 6th Avenue
Delray Beach, FL 33483
0
Section 8. RECORDS
0
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public U)
records purposes during the term of the agreement and for five(5)years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid
to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant o
E
to Section 55.03 of the F.S., running from the date the monies were paid to Consultant.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONSULTANT warrants that it has not employed,retained or otherwise had act on its behalf
Packet Pg. 2713
J.8.f
any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the COUNTY may, in its discretion, terminate this
agreement without liability and may also, in its discretion, deduct from the agreement or purchase
price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
Section 10. CONVICTED VENDOR
By signing this agreement, CONSULTANT represents that the execution of this Agreement will
not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this
Es
section shall result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from County's competitive procurement activities.
�t
0
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on an Agreement with a public entity for the construction E
or repair of a public building or public work,may not perform work as a CONSULTANT,supplier, o
sub-Consultant, or CONSULTANT under Agreement with any public entity, and may not transact >
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes,for the Category Two for a period of 36 months from the date of being placed 0
on the convicted vendor list.
Section 11. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES c
c
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State. 2
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue shall lie
in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
0
Section 12. SEVERABILITY
If any term, covenant, condition or provision of this Agreement(or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this 2)
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and v)
�t
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision E
with a valid provision that comes as close as possible to the intent of the stricken provision.
Packet Pg. 2714
J.8.f
Section 13. ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, and court costs,
as an award against the non-prevailing party. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and C
usual and customary procedures required by the Circuit Court of Monroe County. o
Section 14. BINDING EFFECT
0
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
Section 15. AUTHORITY E
0.
0
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law. 0
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
0
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session,then any party 2
shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This Agreement shall not be subject to arbitration.
Section 17. COOPERATION
0
U
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution,performance, or breach of this Agreement, COUNTY and CONSULTANT
agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of
the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party _
to this Agreement shall be required to enter into any arbitration proceedings related to this v)
�t
Agreement.
Section 18. NONDISCRIMINATION
0
COUNTY and CONSULTANT agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY or CONSULTANT agree
to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
Packet Pg. 2715
J.8.f
nondiscrimination. These include but are not limited to: Title VH of the Civil Rights Act of 1964
(PL 88-352)which prohibits discrimination on the basis of race, color or national origin; Title IX
of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683,and 1685-1686),which
prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, C
relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and o
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; Title VHI of the Civil Rights Act of 1968
(42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended
from time to time, relating to nondiscrimination on the basis of disability; Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or E
the subject matter of, this Agreement. o
Section 19. COVENANT OF NO INTEREST
0
COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not
acquire any interest,which would conflict in any manner or degree with its performance under this 2
Agreement, and that only interest of each is to perform and receive benefits as recited in this 0
Agreement.
Section 20. CODE OF ETHICS
The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency;unauthorized compensation; misuse of public position, conflicting employment
or contractual relationship; and disclosure or use of certain information.
Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company, w
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award E
or making of this Agreement. For the breach or violation of the provision, the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission,percentage, gift, or consideration.
Packet Pg. 2716
J.8.f
Section 22. PUBLIC ACCESS
The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection
of, all documents,papers, letters or other materials in its possession or under its control subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. C
0
Section 23. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of the COUNTY o
and the CONSULTANT in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage,or local government liability insurance pool coverage
shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
Agreement entered into by the COUNTY be required to contain any provision for waiver.
a�
Section 24. PRIVILEGES AND IMMUNITIES 0.
0
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the 0
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of 2
the COUNTY shall apply to the same degree and extent to the performance of such functions and 0
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY. 6
2
Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
Section 26. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither E
the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
Packet Pg. 2717
J.8.f
Section 27. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion
Agreement. C
0
Section 28. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
a�
Section 29. EXECUTION IN COUNTERPARTS 0.
0
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any of 0
the parties hereto may execute this Agreement by signing any such counterpart.
Section 30. SECTION HEADINGS
0
Section headings have been inserted in this Agreement as a matter of convenience of reference 76
only, and it is agreed that such section headings are not a part of this Agreement and will not be 2
used in the interpretation of any provision of this Agreement.
e(
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for Other Consultants and SubConsultants.
0
As a pre-requisite of the work governed,the CONSULTANT shall obtain, at his/her own expense, u
insurance as specified in any attached schedules, which are made part of this contract. The
CONSULTANT will ensure that the insurance obtained will extend protection to all
SubConsultants engaged by the CONSULTANT. As an alternative, the CONSULTANT may _
require all SubConsultants to obtain insurance consistent with the attached schedules; however v)
CONSULTANT is solely responsible to ensure that said insurance is obtained and shall submit
proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of this Agreement.
E
The CONSULTANT will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the CONSULTANT
to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if the work
Packet Pg. 2718
J.8.f
commenced on the specified date and time, except for the CONSULTANT's failure to provide
satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of this
contract and any extensions specified herein. Failure to comply with this provision may result in
the immediate suspension of all work until the required insurance has been reinstated or replaced
and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion C
of work resulting from the failure of the CONSULTANT to maintain the required insurance shall o
not extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the CONSULTANT's failure
to maintain the required insurance.
The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance, or
• A Certified copy of the actual insurance policy.
0.
The County, at its sole option, has the right to request a certified copy of any or all insurance 2
policies required by this contract. All insurance policies must specify that they are not subject to >
cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty
(30) days prior notification is given to the County by the insurer. 0
The acceptance and/or approval of the Consultant's insurance shall not be construed as relieving
the Consultant from any liability or obligation assumed under this contract or imposed by law. 0
U
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation. >
2
31.2 Insurance Requirements (Note: amounts of coverage are subject to change in final
contract)
Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum: %�
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be $500,000 Combined Single Limit(CSL)
�t
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12)months following the acceptance of work by the County.
Packet Pg. 2719
J.8.f
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance. o
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
c
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be: E
$100,000 per Person o
$300,000 per Occurrence
$ 50,000 Property Damage
0
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
0
31.4 Workers' Compensation Insurance Requirements
76
Prior to commencement of work governed by this contract, the CONSULTANT shall obtain 0
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract. Coverage shall be
provided by a company or companies authorized to transact business in the state of Florida.
U)
31.5 Professional Liability Requirements
w
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the Consultant shall purchase and maintain, throughout the life of the E
contract,Professional Liability Insurance which will respond to damages resulting from any claim
arising out of the performance of professional services or any error or omission of the Consultant
arising out of work governed by this contract.
The minimum limits of liability shall be$500,000 per occurrence/$1,000,000 Aggregate
Packet Pg. 2720
J.8.f
Section 32. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising
out of the sole negligent actions of the CONSULTANT or substantial and unnecessary delay C
caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and o
answerable for any and all accidents or injuries to persons or property arising out of its performance
of this contract. The amount and type of insurance coverage requirements set forth hereunder shall
in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the
Es
CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the sole
negligent act of the CONSULTANT.
0
Section 34 INDEPENDENT CONSULTANT. At all times and for all purposes hereunder, the
CONSULTANT is an independent Consultant and not an employee of the Board of County E
Commissioners. No statement contained in this agreement shall be construed so as to find the o
CONSULTANT or any of his/her employees, Consultants, servants or agents to be employees of
the Board of County Commissioners for Monroe County. As an independent Consultant the
CONSULTANT shall provide independent, professional judgment and comply with all federal,
state, and local statutes, ordinances, rules and regulations applicable to the services to be provided.
Section 35 COMPLETENESS OF WORK. The CONSULTANT shall be responsible for the
completeness and accuracy of its work, plan, supporting data, and other documents prepared or
compiled under its obligation for this project, and shall correct at its expense all significant errors
or omissions therein which may be disclosed. The cost of the work necessary to correct those
errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of
additional costs caused by such errors shall be chargeable to the CONSULTANT. This provision
shall not apply to any maps, official records, contracts, or other data that may be provided by the
COUNTY or other public or semi-public agencies.
0
U
The CONSULTANT agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the services
specified in this contract. Such delays or hindrances, if any, shall be compensated for by the
COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the
work schedule. Such an agreement shall be made between the parties.
U)
Packet Pg. 2721
J.8.f
IN WI 'NESS WHEREOF, the parties hereto have caused these presents to be executed on the
day of 2020.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin.Madok, CLERK
OF MONROE COUNTY, FLORIDA
By By;
Deputy Clerk Mayor
MONROE COUNTY ATTORNEY
aR
bile: _
(CORPORATE SEAL) CONSULTANT
ATTEST;
o
By By; >
Title: _. .
Re) 0
0
ca
ca
'a
Packet Pg. 2722
J.8.f
Exhibit A
SECTION FOUR- SCOPE OF SERVICES
Monroe County Resilient Coastlines Program
Adaptation Action Areas (AAA's)
4.1 Purpose
The Consultant will update existing data and develop recommended policy approaches for
Adaptation Action Areas (AAAs). This project builds upon numerous sea level rise/data collection o
efforts to identify vulnerabilities and supports a critical time in the County's long-term recovery
process following the devastation of Category 4, Hurricane Irma. The effort includes assessments
of latest data and case studies for AAAs; updating vulnerability modeling; developing policy 2
recommendations for AAAs; GIS analysis of potential AAAs; and outlining future data needs and
options. The deliverables from this AAA project will inform decision-making for long-term sea
level rise planning and rebuilding/recovery efforts.
4.2. Project Description: The County's GreenKeys Climate and Sustainability Plan includes E
Recommendation 1-31, "Develop criteria for Adaptation Action Areas and adoption in o
Comprehensive Plan." The County adopted an Energy and Climate Element policy into its 2030
Comprehensive Plan directing the identification of criteria to define AAAs and the update of
existing maps or creation of new maps that display potential impacts of sea-level rise for 0
consideration in long-term planning decisions (see Policy 1502.1.4). The County has also
collected extensive data; completed vulnerability analyses; completed the 5-year GreenKeys 2
Climate and Sustainability Action Plan; acquired countywide mobile LiDAR elevation data; and 0
is currently completing Peril of Flood comprehensive plan amendments.
The County's next priority is developing AAAs and associated Goals, Objectives, and Policies 2
within the Coastal Management Element. Monroe County expects the consultant will develop
draft AAAs (preliminary AAAs with associated goals, objectives, and policies) using existing
policy guidance, best practices, case studies, updated data, and most current approaches as a
foundation for this effort.
0
U
While the county has already undertaken initial vulnerability modeling assessments, other more
recent initiatives warrant updating this model to serve as the basis for AAAs. The updates to the
model will add the County's current mobile LiDAR elevation data; evaluate updated sea level
rise projections of the Southeast Florida Regional Climate Compact; and include outputs from
the County's two-year Countywide Roads and Stormwater Analysis with implementation plans
for actual road and stormwater projects. The consultant will also review data from the County's U)
FEMA Community Rating System-compliant Watershed Management Plan which identified
initial areas of stormwater and County facilities' future flood risk. The updated vulnerability
model will be utilized to determine infrastructure and habitat impacts as well as areas of
increasing vulnerability for a 2030, 2060, and 2100 sea-level rise assumption horizon. The E
planning process will also incorporate stormwater management and social vulnerability analyses
using best practices identified by the Center for Disease Control's (CDC) Social Vulnerability
Index or other evaluation strategies identifying vulnerable populations and potential public health
risks. Further, the County will consider approaches incorporating infrastructure and public
facilities; habitat and land acquisition, management or protections that restore natural shoreline
Page 1 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2723
J.8.f
features; and development and recovery considerations. Lastly, the County is in the process of
updating its Local Mitigation Strategy and developing a Post Disaster Recovery Strategy to
position itself for long-term recovery. These updated strategies will further inform the County's
AAA policy framework. The County anticipates the consultant review these data sources for the
vulnerability modeling updates.
4.3 Project Tasks & Deliverables
Task 1
A. Title: Annotated Analysis of Existing Data Resources, Best Practices and Case
Studies for the Establishment of AAAs.
B. Goal: Document numerous approaches to developing AAAs in Florida and other states to
determine best practices for AAA development.
C. Description: Several local governments have already undertaken efforts to designate
AAAs to fit localized priorities. Some local governments have designated wholesale o
geographic areas within their community broadly as an AAA, while others have created
independent project-oriented approaches. As an Area of Critical State Concern, Monroe
County is likely to have unique issues in addressing its AAAs that will include 0
consideration of elements related to the built and natural environment, as well as recovery
efforts due to Hurricane Irma. The Consultant will review the AAAs establishment work
done by other County and municipal jurisdictions across the state. The Consultant may also c
t�
look outside of Florida at best practices and approaches like AAAs, such as Resiliency
Districts, that garner policy and financial prioritization in local government decision-
making as an adaptation strategy. 2
D. Deliverables:
1) Final Memorandum Outlining Existing Data Resources, Best Practices and Case
Studies for the Establishment of AAAs c
c,
Task 2
A. Title: Updated Vulnerability Assessment
B. Goal: Update the County's GreenKeys Climate and Sustainability Vulnerability
Assessment which will provide the modeling and data to support policy development for
the establishment of AAAs. 1°
C. Description: The Consultant will update the County's vulnerability assessment utilizing
new elevation data (provided by County), updated sea level rise projections, shoreline
information, capital project data, social vulnerability index, and stormwater management <
data. The updated vulnerability modeling with new elevation data will be used to determine
infrastructure and habitat impacts as well as areas of increasing vulnerability for a 2030,
2060, and 2100 sea level rise assumption horizon. The analysis will also incorporate an
Page 2 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2724
J.8.f
analysis stormwater management and social vulnerability using best practices such as the
Center for Disease Control's Social Vulnerability Index or other evaluation strategy
(identifying vulnerable populations and potential public health risks).
Monroe County has made a long-term commitment to the development of its GreenKeys
Climate and Sustainability Plan, recognizing data gaps and developing more refined data
for decision-making. The County has built datasets related to stormwater structures,roads, C
habitat and habitat transitions, County, and critical facilities. The consultant will update
the County Vulnerability Assessment to develop a policy framework for addressing
multiple priorities: infrastructure/services, habitat and recovery. Examples of how AAAs
could be developed include potentially "categorizing" the types of AAAs and developing
specific Objectives and Policies related to the vulnerabilities within those geographic areas.
As such, the County anticipates developing multiple AAAs. Concepts for different
planning challenges will be parsed out;pre-mitigation planning will be focused; and a tool
to target grants, recovery assistance, and prioritize capital planning and land policy will
also be created. Updating the vulnerability analysis related to habitat transitions or impacts E
could assist the County in aligning land acquisition, management and restoration policies o
to utilize critical landscapes, such as mangroves, as a natural resiliency strategy. Updated
analysis using the County's new elevation data could also serve as the basis for AAAs that
align with capital planning to ensure the continuity of social and governmental services 0
after storms as well as longer-term with the impact of sea level rise and/or other social-
related impacts.
0
Based on this updated data-assessment, the Consultant will develop recommendations for
policy approaches for the designation of AAAs.
D. Deliverable(s):
e(
1) Assessment of available County data and analysis of existing data resources.
2) Memorandum describing modeling strategy approach including elevation data, social
vulnerability, stormwater, natural systems, and recovery elements. 0
3) Present County and stakeholder engagement elements and results, including meeting
materials (agendas and meeting minutes), draft findings, refined analysis results, and
intermediate vulnerability assessment results.
4) Finalized Vulnerability Assessment
Task 3
A. Title: Memorandum of Recommended Policy Alternatives for the Establishment of
AAAs
B. Goal: This Task seeks to develop policy alternatives for consideration by, and input from,
the Board of County Commissioners to establish AAAs.
C. Description: Understanding that the County has a unique geography with an equally
unique system of growth management regulations, the County views AAAs as a critical
Page 3 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2725
J.8.f
policy tool to address vulnerable areas through policy and financial investments that will
strengthen its natural resources,housing,regional economy,and overall tax base as impacts
from climate change increase over time.
It will be necessary to contemplate different types of AAAs or policies to implement
different sets of goals. This deliverable will explore those options, informed by the
deliverables from Tasks 1 and 2, and include options for the County to consider in eC
establishing AAAs.
D. Deliverables:
0
1) Draft Memorandum of Recommended Policy Alternatives for the Establishment of
AAAs
2) Present draft findings to County staff and refine analysis results and finalize
vulnerability results including Agenda and Minutes from meeting with County staff.
3) Final Memorandum of Recommended Policy Alternatives for the Establishment of E
AAAs 0.
0
Task 4
0
A. Title: Maps, Goals, Objectives and Policies for Preliminary AAAs
B. Goal: This task will use the recommended policy alternatives for the establishment of o
AAAs and graphically depict these areas for public review and comment. 0
C. Description: The Consultant will visually depict Maps of the AAAs informed by the policy 2
direction developed and provided in Task 3. As a companion to the Map series, the Goals,
Objectives and Policies will be developed to support the designation of AAAs for internal --
review and consideration by the Board of County Commissioners in Task 6. The scope of
the Map series will be defined by the best practices research from Task 1,the Vulnerability
Assessment in Task 2 and Policy direction from the Board of County Commissioners in
Task 3. The AAAs maps may include substantial parts of the County or be more narrowly
tailored to address location-specific issues. Goals, Objectives and Policies will clearly be
tailored to address the unique priorities within those designations.
0
D. Deliverable(s):
U)
1) Develop Draft AAA Maps Series and Goals, Objectives and Policies
2) Present draft AAA Map Series and Goals, Objectives and Policies to County staff and w
refine analysis results including Agenda and Minutes from meeting with County staff.
Minutes from meeting with County staff. E
Task 5
Page 4 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2726
J.8.f
A. Title: Public Engagement Meetings
B. Goal: This task ensures there is public participation in the review and development of
AAAs.
C. Description: The Consultant will make all documents, reports, studies, and agendas
readily available for public viewing (at County offices and County website) and provide C
presentations at public workshops,public work sessions, and public meetings on the work
completed to develop policy alternatives to establish AAAs and associated maps. The
County's geography being over 100 miles in length requires public meetings in multiple
locations to ensure all public participants have the ability to attend and participate in a 2
location relatively close to their property.
D. Deliverables:
1) Series of 3 Public Workshops 41 in the Upper, Middle and Lower Keys with public E
engagement materials to present modeling results to County and the public after o
Deliverable 2. Minutes, sign-in sheets, agenda and presentation materials will be
included. All municipalities will be invited to attend.
2) Series of 3 Public Workshops 42 in the Upper, Middle and Lower Keys with public 0
engagement materials to present modeling results to County and the public after
Deliverable 4. Minutes, sign-in sheets, agenda and presentation materials will be 2
included. All municipalities will be invited to attend. c
3) Board of County Commissioners Presentation 41 to seek policy direction with Agenda
and presentation materials after Deliverable 3. Minutes, agenda and presentation
materials will be included. 2
4) Board of County Commissioners Presentation 42 to seek policy direction with Agenda
and presentation materials after Deliverable 4. Minutes, agenda and presentation
materials will be included.
5) Website content will be developed.
6) Coordination will occur with the County's Public Information Officer to distribute at 0
least 4 press releases prior to public and County Commission Presentations.
Task 6
A. Title: Final Report with Model Ordinance language for AAAs
U)
B. Goal: This task will develop the final recommended Goals, Objectives, and Policies for
the Coastal Management Element of the Monroe County Comprehensive Plan and AAAs
map series.
C. Description: The Consultant will review all work deliverables and public comment as
well as BOCC direction to finalize comprehensive plan amendment language for AAAs.
D. Deliverables:
Page 5 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2727
J.8.f
1) Draft Report with Model Ordinance Language for AAAs.
2) Present draft report with Model Ordinance Language for AAAs to County staff and
refine analysis results. Agenda and Minutes from meeting with County staff.
3) Final Report with Model Ordinance Language for AAAs.
m
0
0
0
m
0.
0
0
0
0
0
76
0
0
0
0
0
m
Page 6 of 6
Adaptation Action Area Development
Exhibit A—Scope ofServices
Packet Pg. 2728