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Item J14 J.14 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys �� Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: J.14 Agenda Item Summary #3309 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502 10:00 AM AGENDA ITEM WORDING: Presentation of Example Adaptation Action Area Maps and Example Comprehensive Plan Policies, developed as part of a Resilience Planning Grant (R2111) from the Florida Department of Environmental Protection's Resilient Coastlines Program. ITEM BACKGROUND: In August 2020, Monroe County was awarded a $75,000 Resilience Planning Grant (R2111) from the Florida Department of Environmental Protection's Resilient Coastlines Program. These grants are available to Florida communities that are required to have a coastal management element in their comprehensive plan. The purpose of the grants is to promote community resilience planning, which includes complying with the "Peril of Flood" statute (Sec. 163.3178(2)(f) F.S.), analyzing vulnerabilities and risks, and developing plans and policies that allow communities to better handle changing coastal conditions, and recover and move forward faster following disasters. The grant awarded to the County includes updating the County's current and ongoing vulnerability assessments and modeling, developing policy recommendations for AAAs, and conducting GIS analysis of potential AAAs. The grant's Scope of Work is intended to provide data and analysis and example approaches to implementing Comprehensive Plan Policy 1502.1.4 (below). Monroe County Comprehensive Plan Policy 1502.1.4 Within five (5)years after the adoption of the 2030 Comprehensive Plan, Monroe County shall identify criteria to define adaptation action areas (AAA), or a similar concept to be defined by the County, which may include infrastructure. Within five (5)years after the adoption of the 2030 Comprehensive Plan, Monroe County shall identify proposed adaptation action areas (AAA), or a similar concept to be defined by the County. Pursuant to Chapter 163, F.S., AAA are those areas that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning. In the 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. Packet Pg. 1450 J.14 The example maps and example policies presented are Task 4 Deliverables under the terms of the grant which are due June 3oth to the Florida Department of Environmental Protection. The example policies and recommendations developed under this AAA project can be used to inform decision making for long-term sea level rise planning and rebuilding/recovery efforts. The example AAA maps and example policies are based on vulnerability to inundation based on the 2040 unified sea level rise projections of the Southeast Florida Regional Climate Change Compact(approved by the BOCC on April 15, 2020), to be consistent with the anticipated 2040 planning horizon of the County's Comprehensive Plan following upcoming updates associated with the required evaluation and appraisal amendments in 2022. PREVIOUS RELEVANT BOCC ACTION: 04/15/2020: BOCC approval to accept the updated Unified Regional Sea Level Rise Projections (2020) of the Southeast Florida Regional Climate Change Compact and directed staff to utilize the updated projections as the basis for sea level rise adaptation planning activities 5/20/2020: 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) 08/19/2020: 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.) 08/19/2020: BOCC approved Resilient Coastlines Program Grant Agreement R2111 from the Florida Department of Environmental Protection (FDEP). 04/21/2021: Presentation to the BOCC of the results of the updated GreenKeys vulnerability assessment which is being completed by Erin Deady as part of a resilience planning grant from the Florida Department of Environmental Protection (deliverable under the terms of the grant) CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: N/A DOCUMENTATION: R2111 - Fully Executed Agreement Example Infrastructure and Assets AAA Example Residential Neighborhood AAA Example Natural Areas AAA Example Monroe AAA Policies Draft Presentation - Example AAAs BOCC 052721 FINANCIAL IMPACT: Packet Pg. 1451 J.14 Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: n/a Additional Details: NA REVIEWED BY: Emily Schemper Completed 06/01/2021 11:56 AM Assistant County Administrator Christine Hurley Skipped 06/01/2021 11:54 AM Derek Howard Completed 06/01/2021 3:02 PM Purchasing Completed 06/01/2021 3:06 PM Budget and Finance Completed 06/01/2021 3:57 PM Maria Slavik Completed 06/01/2021 4:14 PM Liz Yongue Completed 06/01/2021 4:21 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 1452 J.14.a 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: Remilleat Coadlinam Program R2111 Parties2. of Environmental Protection, 0 3900 Commonwealth Boulevard a (Deeve artment CommissionersGrantee Name: Monroe County Board of County Local GavernmenVAlwaldpallty SimontonGrantee Address: 1100 t,Key West,FL 33040 FEID: FO-6M749001 Begin3. Agreement of Expiration: Upon Execution June 30,2021 X 4. Project Number:R2111 Project ): - rt t r ) Monroe m,........m.._ .. __............nt Project Description: �-- Monroe County will update data and develop policy approaches r Adaptation Action Areas( ). 5. Total Amountof : I u rid ing Source? sAward#s or Line Item A r [,�rl $75,000.00 7 1 . .. .... ......... ' i ❑ State ❑Federal a. .. .__..._...... et _ 1 13 Grantee Match �a. � :. .. Total Amount of FundiuLt+Grantee N1 al' ,-,'h,if an: $75.0 .60 6. Department's Grant Manager Grantee's Grant Manager — Name: Whitney Gray Name: Michael Roberts or successor or successor 0 Address: a lv s: s f__ ._._ _.. ....... Marathon, _Tallahassee, Phone: 850-245-2098 FL 32399 _ .. . - ...............Email: O.I=1 - 7. The P i agree to complytm= and conditions of the followingits which am hemby ..,rpo I°E reference: ® _.__ m Attachment 1:Standard Terms and ConditionsApplicable L Grants Agreements E t :SB do _.. - �HHHHH «W GrantAttachment 3: Work Plan Records Rcquirements . m .- tt t 5: c' it Requirements Attachment 7: t A ). b at 1 d:- ¢215. 5,F.S. —_��_ -- ---- --Attachment 8: _ Federals ) Additional Attachments(i ): r- Exhibit s Report Form Psol.jerty Reporting Form Exhibit C:Payment Request Summary Form El `bit :Quality Assurance Requirements for Grants E —Payment Tam and Interest Earned Memof AdMional Exhibits(if )`Exhibit1 Report Form,Exhibit G:Ph"rapher m Releaseo rm DEE Agra==No. R2111 Rev.6n0118 Packet Pg. 1453 J.14.a $. The following information applies to Federal Glrsats only and is identified in accordance with 2 CPR 200.331(a)(1): . .m..::::,.® t: Award R&D? I]yes ❑+NIA ai IN WITMOS WHEREOF,this Agreement shall be effective on the date Indicated by the Agreement Begin Date Above or the 0 laft date s jelled below,w Monroe County Board of County _ Commissioners Grantee e _ �"� R ATTEST: K V!) MADOK,CLERK E DY N t' m 4 It razed �g"`�' J , Date Signed °{ Mayor HeathergCarruthersAs . Deputy e Title of P on i-��i ra�.° State o .....__....._ aa . of Environmental Protectionm _�. y 08/31/2020 0 .® _ Secretary or Designee Date 3' _....._ ......._ . � c eof Person S1 rlwI I s� LEGAL REVIEWING RNTfrY 0 By ..,.:. N.N. 4rin .. y t Rimie an ' eof e 13 Additional i on separate cv DEP t No. R2111 1 Packet Pg. 1454 J.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS .2 ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on m Grantee's forms or invoices shall be null and void. a. 2. Grant Administration. E a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the X 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 y iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. 0• 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 c order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3, Grant Work Plan, are less than twenty percent(20%)of the total budget as last approved by Department; (3) C changing initial funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between .� budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible - for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and N Conditions. 4. Deliverables. � The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1of11 Rev. 5/6/2020 Packet Pg. 1455 J.14.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 0) knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third parry; and(5)its .2 employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, c 0. 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. m 6. Acceptance of Deliverables. 0. 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 X outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the c Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences o for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be CL submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from 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 C CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from .� receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10)days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails - to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from N 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. 1456 J.14.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.). 0) b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, .2 however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or c 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. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an m amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of 0. this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs X 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/Division/AA/Manuals/documents/RefereneeGuideforStateExpenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department Q pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and U 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 work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the c 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 appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates CL 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 CD 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. x 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 ii 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 N 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) E 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. 1457 J.14.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, m and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers .2 charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such c 0. 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 shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase m 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 X 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 y for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, c F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly CL completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the CD C terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. W 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 Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting Attachment 1 4 of 11 Rev. 5/6/2020 Packet Pg. 1458 J.14.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. 4) 11. Retainage. .2 The following provisions apply if Department withholds retainage under this Agreement: c 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. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall 2 forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not a. limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work E was actually performed. The Department shall provide written notification to Grantee of the failure to perform X 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 procedures under this Agreement. 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 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 Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. CL 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 CD the Department of Environmental Protection,its employees,and officers as an additional covered party .� everywhere the Agreement requires them to be added as an additional insured. 13. Termination. � a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall uJ 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 _ 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 N 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 E 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. 1459 J.14.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. m d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, .2 or termination of the Agreement,Grantee shall continue to provide Department with those services for which it c 0. has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been -� paid for but not rendered. e. Transition of Services Upon Termination.Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative m obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant 0. Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as E necessary to complete the transition or continued portion of the Agreement,if any. X 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 0. the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department c of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking CL 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 under the Agreement: uJ 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; 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, N 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. 1460 J.14.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. .2 The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence c of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first E arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably a. foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE E FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT X TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. � a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall c fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, o actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at C Grantee's sole expense. The Grantee shall not be liable for any cost, expense,or compromise incurred or made .� by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein - shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume N 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. 1461 J.14.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 .2 Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. c 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 E aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible X for including this provision in all subcontracts with private organizations issued as a result of this Agreement. -� b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Q 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 entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the c construction or repair of a public building or public work;may not submit bids,proposals,or replies o on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or CL consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the N Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be F responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole Attachment 1 8of11 Rev. 5/6/2020 Packet Pg. 1462 J.14.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 .2 Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee c 0. 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 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 X 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. 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 Department,the State,or their authorized representatives shall have access to such records for audit purposes during 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 access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such 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 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: c http://dos.mv florida.com/library-archives/records-manaaement/E!eneral-records-schedules. o 27. Audits. � a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this CL 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 by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or CD storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or W 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 _ 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 N Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) F; 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 E 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. 1463 J.14.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 m the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. .2 Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR c 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 commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees m 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 Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, X 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 rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse 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 made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do c not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. CL 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 CD cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, .� or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to 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 N Department's facilities,unless the basis of Department's denial is safety or security considerations. F 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. 1464 J.14.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. 0) 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 c 0. is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality,proprietary interests, and m public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. E The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its X agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of 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 0. controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under c any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable 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 intent to do so. 37. Execution in Counterparts and Authority to Sign. CL 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. x LU cv Attachment 1 11 of 11 Rev. 5/6/2020 Packet Pg. 1465 J.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.R2111 0) .2 ATTACHMENT 2 0. These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work, m 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. E x 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are no extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a fixed price Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. U b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pa.Advance Pay is not authorized under this Agreement. 0 4. Cost Eligible for Reimbursement or Matching Requirements. 0. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: 0 Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. y ❑ ❑ b. Indirect Costs,N/A. CL W ❑ ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. °i E ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. , There will be no Land Acquisitions funded under this Agreement. cv 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 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. 1466 J.14.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 .2 liability insurance at all times during the Agreement.The minimum limits shall be$200,000 for each 0 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 liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The minimum limits shall be as follows: m $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage M 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. c 10. Retainage. No retainage is required under this Agreement. c 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. CL 13. Office of Policy and Budget Reporting. F There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. � x cv Attachment 2 2of2 Rev.9/3/19 Packet Pg. 1467 J.14.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: E Organization Name: Monroe County Board of County Commissioners 0. E Name of Authorized Signer: Roman Gastesi Title: County Administrator Address: 1100 Simonton Street City: Key West Zip Code: 33040-5714 c Area Code and Telephone Number: (305) 292-4644 eC E-mail Address: Gastesi-RomannMonroeCounty-F1.Gov 0 3. GRANT MANAGER Contact Information: a Organization Name: Monroe County Board of County Commissioners Name: Michael Roberts c Title: Assistant Director/Environmental Resources Address: 2798 Overseas Highway City: Marathon L Zip Code: 33050 m Area Code and Telephone Number: (305) 289-2502 E m E-mail Address: Roberts-Michaeln,MonroeCounty-F1.Gov 4. FISCAL AGENT Contact Information: Organization Name: Monroe County Board of County Commissioners w Name: Tina Boan Title: Senior Director of Budget&Finance Address: 500 Whitehead Street cv City: Key West Zip Code: 33040-5714 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. 1468 J.14.a 5. FEID No. (a.k.a. Tax ID#): 59-6000749 Seq No. 001 6. WORK PERFORMED BY: Grantee ONLY y X Subcontractor ONLY .2 BOTH the Grantee & Sub-Contractor To Be Determined 0' 7. SUBCONTRACTORS CONTACT INFORMATION: (If applicable& known) Organization Name: TBD Name: x Title: Address: City: Zip Code: Area Code and Telephone Number: E-mail Address: c 8. PROJECT LOCATION: A. List of County(ies): Monroe County, FL 0 B. List of City(ies)/Town(s)/Village(s): C. State Lands Lease Agreement Number(s): N/A a. Remainder of this page intentionally left blank. x cv Attachment 3,DEP Agreement#:R2111 2 of 12 Rev.9/26/2019 Packet Pg. 1469 J.14.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 they devastation of Category 4,hurricane Irma. The effort includes assessments of latest data and case studies 6 for AAAs;updating vulnerability modeling; developing policy recommendations for AAAs; GIS analysis 0. 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 M from high-tide events, storm surge, and sea level rise. The recent significant storm surge from Hurricane W 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. y The County is a leader in vulnerability planning and has been a member of the Southeast Florida Regional Climate Compact since its inception in 2009.In 2016,the County adopted an Energy and Climate Element 0 policy directing the identification of criteria to define AAAs and the update of existing maps or creation U 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 2 5-year GreenKeys Climate and Sustainability Action Plan; acquired countywide mobile LiDAR elevation data; and is currently completing Peril of Flood comprehensive plan amendments. The County's next priority is developing AAAs and associated Goals, Objectives, and Policies within the 0 Coastal Management Element as described in a specific recommendation in the GreenKeys Climate and o Sustainability Plan. Monroe County will develop AAAs 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 W 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 X 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 U- 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 N 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. E 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. 1470 J.14.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 2 following the catastrophic Hurricane Irma as well as the numerous flood events from extreme fall and 2 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 E vulnerability to both flood and storm surge. The County is committed to building back stronger and X more resilient and sees the adoption of AAAs as a key tool to further guide decision-making and e1 recovery funding in the wake of this storm. With this disaster, comes the opportunity to use AAAs as ee�t part of its rebuilding strategy and address the different vulnerability challenges across various y 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 < 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 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. C 0 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 2 Monroe County shall identify proposed adaptation action areas(AAA)or similar concept to be defined by the county...In AAAs, strategies will be developed to address vulnerabilities from these effects as y well as the rate of impact and available adaptation options. In conjunction with later updates to the a. 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 E 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 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 AAAs in the Comprehensive Plan,and create preliminary AAAs with associated goals,objectives,and W 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. ii Examples of how AAAs could be utilized include potentially "categorizing"the types of AAAs and cv 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 E 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. 1471 J.14.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. 2 0 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 translate as a true case study for other communities. 0 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 Priorities. x� 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 y 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 < vulnerability analysis to form the basis of the AAAs. Other tools and resources to be analyzed include C 0 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. Priority Area 3. Another primary outcome of this scope of work will be to update the County's 0 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 2 available statewide. The County has since collected locally specific mobile LIDAR which will greatly enhance an updated vulnerability assessment making it more accurate for decision-making. Tools that y will likely be utilized to update the County's vulnerability assessment include GIS, SLAMM and otherCL 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 and identifying the infrastructure, habitat, and land uses that may be affected. The deliverables from E 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 management systems. Priority Area 4. With this scope of work, the County will inform and engage the public, the W 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- ii jurisdictional information exchange. C. Discuss how the project is feasible and can be completed by the grant period deadline. Monroe `V 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 E 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. 1472 J.14.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- 0 specific issues for incorporation. By taking these important steps, the County can hit the ground 2 running to develop preliminary designations for AAAs. D. Explain how this project is addressing social vulnerability or vulnerability of historic resources y or stormwater management systems. Due to data limitations at the time of the 2015 vulnerability assessment, the County did not address social vulnerability or stormwater management systems. The E 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 E Advisory Committee previously proposed criteria to be used to designate AAAs, recommending the X 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 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 < comprehensive goals, objectives, and policies to improve resilience to coastal flooding and address C c vulnerable population and stormwater management. e( 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 < establishment of AAAs C 0 Outcome/Task#2: Updated Vulnerability Assessment. — 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. ' a. 3) Present draft findings to County staff and refine analysis results and finalize vulnerability results including Agenda and Minutes from meeting with County staff. 4) Final Monroe County Vulnerability Assessment E 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 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 recommending policy alternatives for the establishment of AAAs 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 W analysis results including agenda and minutes from meeting with County staff. m 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. 1473 J.14.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. 2 3) Board of County Commissioners Workshop 41 to seek policy direction with Agenda and 0. presentation materials after Outcome 3. Minutes, agenda and presentation materials will be included. y 4) Board of County Commissioners Workshop 42 to seek policy direction with Agenda and presentation materials after Outcome4. Minutes, agenda and presentation materials will be E included. m 5) Website content will be developed. E 6) Coordination will occur with the County's Public Information Officer to distribute at least 4 X press releases prior to public and County Commission workshops. e1 Outcome/Task#6: Final Report with Final Work Products W 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. C 0 3) Final Report with model ordinance language for AAAs. e( 13. BUDGET SUMMARY: Allowable budget categories and form of payment with the costs for this c project are listed in the table below. BUDGET SUMMARY BREAKDOWN Budget Categories Payment Task 1 Task 2 Task 3 Task 4 Salaries&Fringe Fixed Price ' $0 $0 $0 $0 c Contractual Services Fixed Price $4 000 $36 000 $5 000 $16 000 GRANT AGREEMENT TOTAL $4,000; $36000 $5,000 $16,000 Payment Grant Amount Budget Categories Task 5 Task 6 Awarded Salaries&Fringe Fixed Price $0 $0 $0 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 efforts to assess vulnerability, develop policy, and review data within Monroe County to ensure that costs are reasonable and sufficient. 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. 1474 J.14.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 .2 Department's Grant Manager,with the details of the request being made and the reason for the request. PROJECT TIMELINE Task Deliverable Task Task Title No. Due;Date Amount I Annotated Analysis of Existing Data Resources, Best 12/31/2020 $4,000 2 Practices and Case Studies for the Establishment of AAAs. 0. 2 Updated Vulnerability Assessment. 2/19/2021 $36,000 M Memorandum of Recommended Policy Alternatives for the 3 2/26/2021 $5 000 Establishment of AAAs 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 0 Total $75,000 l �' c 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 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. 16. CONSEQUENCES FOR NON-PERFORMANCE: The Department will reduce each Task Funding y Amount by 5% for every day that the task/deliverable(s) is not received on the specified due date in the most recent Project Timeline, for the Agreement. Should a Change Order or Amendment be requested on `L 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. 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. Request(s) for payment must include the Exhibit A showing 100% completion of that task and must be submitted within 45 days of the task/deliverable due date.Please refer to the website Grants page for"How to Request Payment", and "Checklist for Requesting Payment". uXo Or 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 100% completion for all tasks, and must be submitted within 45 days of the last task/deliverable due date. m 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, 2 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. 1475 J.14.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 hops://floridadep.gov/resilience or by contacting the Department's Grant Manager for a copy) and the following statement on, the following language. m "This work was funded in part through a grant agreement from the Florida Department of Environmental 2 Protection, Florida Resilient Coastlines Program, by a grant provided by the Office of Resilience and 0. 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." The next printed line shall identify the month and year of the publication. E M x III. TASKS& DELIVERABLES Task#1 A. Title: Annotated Analysis of Existing Data Resources, Best Practices and Case Studies for the Establishment of AAAs. 0 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 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. 0 As an Area of Critical State Concern, Monroe County is likely to have unique issues in addressing its o AAAs that will include consideration of elements related to the built and natural environment, as well as recovery efforts due to Hurricane Irma. The County can learn from the AAAs establishment work done by other County and municipal jurisdictions across the state. The County can also look outside of Florida at best practices and approaches like AAAs, such as Resiliency Districts, that garner policy ei and financial prioritization in local government decision-making as an adaptation strategy. 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) Final Memorandum Outlining Existing Data Resources, Best Practices and Case Studies for the Establishment of AAAs x Task#2 LU 75 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. 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. 1476 J.14.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 2 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: infrastructure/services, habitat and recovery. Based on this updated data-assessment, the County will 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 X Department's Grant Manager on or before the Task/Deliverable Due Date listed in the Project e1 Timeline. ee�t 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 < vulnerability, stormwater,natural systems, and recovery elements. r_ 4) Copies of workshop/meeting announcements/advertisements 5) Agendas and sign-in sheets from each workshop/meeting,indicating location, date, and time of workshop/meeting 6) Presentation(s)from each workshop/meeting 7) Brief summary report from each workshop/meeting including attendee input and workshop/meeting outcomes 8) Any materials created at each workshop/meeting (as applicable) 9) Finalized Vulnerability Assessment o Task#3 A. Title: Memorandum of Recommended Policy Alternatives for the Establishment of AAAs CL 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 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. w 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 N 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 facilities or critical infrastructure, such as hospitals or other human services. This aspect could also be E 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. 1477 J.14.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 0 2) Agenda, sign-in sheet, presentations, and minutes from presentation of draft findings to 2 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 m A. Title: Maps, Goals, Objectives and Policies for Preliminary AAAs E x 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. 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 < and Policies will be developed to support the designation of AAAs for internal review and C 0 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 2 Timeline. 1) Draft AAA Maps Series and Goals, Objectives and Policies 2) Agenda, sign-in sheet,presentations, and minutes from presentation of draft AAA CL Map Series and Goals, Objectives and Policies to County staff including results of refining analysis results Task#5 A. Title: Public Engagement Meetings B. Goal: This task ensures there is public participation in the review and development of AAAs. C. Description: The County is committed to making documents, reports, studies, and agendas readily 5 available for public viewing (at County offices and County website) and to providing presentation at UI 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 N 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 m 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. 1478 J.14.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 0 2) Agendas and sign-in sheets from each workshop indicating location, date, and time of 2 workshop/meeting 0. 3) Presentation(s) and public engagement materials from each workshop/meeting 4 Brief summaryreport from each workshop/meeting/meetin including attendee input, minutes votes p p g g � and/or workshop/meeting outcomes 5) URL for website content that was developed Task#6 M A. Title: Final Report with Model Ordinance language for AAAs 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 County will review all work deliverables and public comment as well as BOCC 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. 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. c 1) Draft Report with Model Ordinance Language for AAAs. 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) a. Final report with Model Ordinance Language for AAAsCL x LU cv Attachment 3,DEP Agreement#:R2111 12 of 12 Rev.9/26/2019 Packet Pg. 1479 J.14.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 C 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. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records E 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 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. et c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to 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 c 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 et Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public 0 Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor o 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 CL formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the F 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 X Email: public.services jr floridadep.gov. Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 E Attachment 4 1ofi Rev.4/27/2018 Packet Pg. 1480 J.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements y (State and Federal Financial Assistance) .2 Attachment 5 0. 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 referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring E by the Department of Environmental Protection,as described in this attachment. m 0. MONITORING W 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 y 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 r_ additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees 2 to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART I:FEDERALLY FUNDED r_ 0 This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR r_ §200.330 0 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- y 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 e!- 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 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. e( 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. x 3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit a, conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have 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 N 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. 1481 J.14.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 .2 $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the 6 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 m 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 E financial assistance does not include federal direct or pass-through awards and resources received by a X 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 governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 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, 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). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access c the Florida Single Audit Act website located at hops://apl2s.fldfs.com/fsaa for assistance. In addition to the 0 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/ Department of Financial Services' Website at htlp://www.fldfs.com/and the Auditor General's Website at htlp://www.lilyflorida.colii/,tudgeli/. CL PART III: OTHER AUDIT REQUIREMENTS m (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity CD C 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, 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 funding the full cost of such additional audits.) UJ 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 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 U 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. 1482 J.14.a By Mail: Federal Audit Clearinghouse Bureau of the Census m 1201 East 10th Street .2 Jeffersonville,IN 47132 0 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. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on 0. behalf of the recipient directly to each of the following: E 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 3900 Commonwealth Boulevard 0 Tallahassee,Florida 32399-3000 e( Electronically: FDEP SingleAudit(c�,.dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General c Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(htlp://fltuditor.gov/)provides instructions for filing an 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 CD C addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 ii Electronically: FDEP SingleAudit(c�,.dep.state.fl.us 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 U for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 1483 J.14.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. .2 0 PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of m 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 X from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. c c 0 CL cv U Attachment 5 4of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 1484 ldw x ( ) seeiV uoij3Vg 4 la oge4u s a ) 4ueweejBV la 4 a x Rlln - L L LZ :4u9wqoe44V w hc O O V v `ZII 0 E E 0 Z o � O � 0 O � � w � p� U O U o � � W W W � N 4.0 14) O O v Q Q 1 v W N "Q � 0. •� U •� U ,� � •�.+ � � � iUr U iUr U U d � ldw x ( ) seeiV uoij3V ®g 4 la oge4u s a ) 4ueweejBV la 4 a x Rlln - L L LZ :4u9wqoe44V to co r , a v c C� ct 14 Q c Q N 'C r S� H u Z U 4 O 'm •� 'm ° � � s. � �, � viw N ,� SUi O � SUi Z M Z `' � � �' � .•, a U U N U CA Qt •° w N w °� .� � •c' .�� .°' U O U °' � ° U aq � bA y •� y � �� o � w Qt � q t) 0 ° e e Qt o �i � oA d' � on CQ �� i ;,a oA d' .an � ;� oA CQ •H � � � � � � J.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM-SPECIFIC REQUIREMENTS y FOR THE FLORIDA RESILIENT COASTLINES PROGRAM 02 ATTACHMENT 6 l. Permits.The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal,state or local y permit will be issued for a particular activity.The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal,state or local laws. E 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. M x 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 W Department shall make its determination of ineligibility within thirty(30)days of the Agreement end date and notify the Grantee in writing if determined ineligible. 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. 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: a. A valid link or documentation that outlines their entity's procurement processes that is required in Attachment 1,paragraph 9.c. b. A signed certification statement by the Grantee's designated grant manager,indicating the procurement 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, CL 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 m Conditions: e( a. Final Payment Request.A final payment request must be submitted to the Department no later than fifteen (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. x LLJ 6. The following replaces paragraph 10, Status Reports,Attachment 1, Standard Terms and Conditions: U_ 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 N 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. 1487 J.14.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 .2 in instances where the next quarterly report falls after the project completiondate. 0 7. Attachment 3,Grant Work Plan, 15.Performance Measures shall require that all deliverables and reports submitted r_ to DEP will be Americans with Disabilities Act(ADA)also known as 508 Compliant,in all formats provided. y 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. 2 0. 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. X 9. Grant funds may not be used to support ongoing efforts to comply with legal requirements,including permit conditions, mitigation and settlement agreements. CL c c x cv Attachment 6 Page 2 of 2 Rev.7/7/2020 Packet Pg. 1488 J.14.a DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A 02 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 m Project Title: Resilient Coastlines Pro ram Reporting Period: (MM/DD/YYYY— Report Type: Quarterly M 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 task; indicate the percentage of the task that has been completed to date. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. c The followine format should be followed: c Task 1: Progress for this reporting period: Identify any delays or problems encountered: 0 Percentage of task completed: Task 2: y Progress for this reporting period: 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. x LU Signature of Grantee's Grant Manager Date ' cv Exhibit A,DEP Agreement#:R2111 lofi Rev.5/30/2017 Packet Pg. 1489 J.14.a EXHIBIT C PAYMENT REQUEST SUMMARY FORM DEP Agreement No. R2111 Payment Request No. Request Date: Grantee's Grant Manager Name: Michael Roberts .2 Monroe County BOCC 0 Grantee Name&Mailing 0. Address for Payment: 500 Whitehead Street -0 Key West,FL 33040-5714 Task No(s). Total Task Amount(s) Requested: E Performance Period-Date Range: M X m GRANT EXPENDITURES SUMMARY SECTION CATEGORY OF BUDGETED AMOUNT OF PAYMENTS REMAINING EXPENDITURE (As authorized) AMOUNT THIS REQUEST RECEIVED AMOUNT m Salaries/Wages U Fringe Benefits $ - Indirect Cost $ - Contractual' (Subcontractors) $ ° c Fixed Price $ - m �s m TOTALS $ - $ - $ - $ - E GRANTEE CERTIFICATION 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed,received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the W Agreement. w 21 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the LL Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature E U Print Name Print Name Telephone Number Telephone Number R2111 - Exhibit C Page 1 Packet Pg. 1490 J.14a 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####. d PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. 2 0 REQUEST DATE: This is the date you are submitting the report to DEP. c. 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. CL MAILING ADDRESS: Enter the address to which you want the state warrant(payment)sent. E TASK NO.: Enter the number of the TASK for which you are requesting payment. NOTE:More than on task may be submitted for 61 c. payment request. However,Part 11 and Part III REQUIRE a separate table for each task requesting payment for. E M X d 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. c GRANT EXPENDITURES SUMMARY SECTION: v Enter the total amount budgeted as approved in Attachment 3 in the "BUDGETED AMOUNT" line. Enter the amount of this request as approved in Attachment 3 in the "AMOUNT OF THIS REQUEST" line. 2 Enter the total cumulative amount of this request and all previous payments on the"PAYMENTS RECEIVED"line. CL The amount for the"REMAINING AMOUNT"line,will automatically calculate and populate. c "AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was paid out for all listed tasks during the invoice period for a which you are requesting reimbursement. g This must be by budget category as in the currently approved budget in Attachment 3(Project Work Plan),or amendment of your grant Agreement. d Do not claim expenses in a budget category that does not have an approved budget. e� 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. v REQUIRED BACK-UP DOCUMENTATION FOR EACH TASK REQUESTING PAYMENT FOR: Completed all parts of Exhibit C showing requested funds for payment-Parts 11&III Not required for Fixed Price Agreements. y 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 � tasks. Completed Exhibit A(Progress Report)showing requested task to be 100%completed,for requested funds. Copies of all invoices to the Grantee. Proof of Payment(Copies of canceled checks,front and back,Bank Statement,or EFT verification)-Not required for Fixed Price Agreements. E 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. w Other supporting documentation,as needed. Exhibit C-Instructions Packet Pg.1491 (salollod pue sdew oldwexe(VVV)seeiV uol;oV uol;e;depV uo uol;e;u8s8Jd) ;uaweeAV p9;no8x3 AIlnj- LZN :;ua yoe};V N T T IL d Y U � omc a R C +0+ . 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 ;s d � O O w R Oo v V D O N � io U C y � E R a 'gyp Y D C7 a � a c; c v o w . O N E V Q U ..� u —>' auo a o m 3 2W > O c o u _ Y > o L x Q C O V p W o L a a v v O;E w r i C C 7 N V c O O z c U u vi `� Y Y c E oY r SO O Z N -' UO U N v v >, 3 o v o E v v m v v c a a > o E ° O c � ' n ?w c� o o a a y v O M Q zs a v v Y a V u � � u C? Y 0 _0 o m E Iv U Y C7 R C0 C i im' N z G! -Q � a v o .to N 2 O as+ R ,> s+ � uj O O Y L a 0 E u mu 73 y h v v r (n O x L7. N .pA 4! �.f G! O i � N +s.+ O O � O y aR+ v u cu u u `w w m m3 a 0. o Y Y a z w E uy c o y O O y �/ R V R i E N v o az v v N R a m m E p H coy ¢ m m Li a o (salollod pue sdew aldwexa(yyy)sea V uol;oy uol;e;depy uo uol;e;uasaad) ;uawaa BV pa;n3ax3 Allnd- L L LZN:;uawLjoe;;y R � �: cs a d' 11VS a' Q, a Q, a v a v a o c E 'm E 'm V} of z ,C 0 a` mom F a mom `0''C-2.0 m `0 C-2.0 0 Q...0 oo C...0 u) O O O O O O N I? Q N I? Q V : m V m a CL r m a� r m ID o00000 o f E Ems ; Qom; m m a a v .n O O O O O O 'm 'm 000000 0/ �` cc�S cc a a a rn rn rn rn rn rn a o 0 J m a m m r E W Q, Q, O bD � c} m c; ra E � E :2 0. R 'R T 0 0 LL u ° VI -° � > y O •� N C O L U C d � N Q " O M 00 7 u7 ;U 7 a ti O m N LL E- O ty} L. O Qm c E c y :� v m m v m m a, 0 x Y �+ m c' sn c 6c\i Q o E m 3 c w v 0 c c J _ o m o m o m o c O Y O a O a a a v 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 s v °- c c c E v `a a L ol 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 m m m '.0 c C LU a o = N o o U Q M M ti I �— I I IS.1 IS.1 Li.1 J.14.a EXHIBIT F DEP AGREEMENT NO.R2111 .2 Resilient Coastlines Program 0 Monroe County Board of County Commissioners m Final Project Report a. E M x W VEPARr A% h,t 1��i lilt 1)�� ¢ll�'i �;� ati• � � Q T A L '? .N X 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. 1494 J.14.a Final Project Report Resilient Coastlines Program Ch . Executive Summary 2 0 m M x c c c Methodology CL CD x cv Outcome u Exhibit F,DEP Agreement#:R2111 2of4 Rev.3/11/2019 Packet Pg. 1495 J.14.a .2 0 m M x Further Recommendations c c CL CD c REMAINDER OF PAGE INTENTIONALLY LEFT BLANK x cv u Exhibit F,DEP Agreement#:R2111 3 of 4 Rev.3/11/2019 Packet Pg. 1496 J.14.a INSTRUCTIONS FOR COMPLETING ATTACHMENT F FINAL PROJECT REPORT FORM y 02 DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####. 0. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. v, MONTH&YEAR: Enter month and year of publication. m The Final Project Report must contain the following sections: Executive Summary, Methodology, a Outcome and Further Recommendations. The Final Project Report must comply with the publication E requirements in the Grant Agreement.Please limit final project report to no more than five pages. One electronic copy shall be submitted to the Department's Grant Manager, for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager,identified in paragraph 18 of this Agreement. c REMAINDER OF PAGE INTENTIONALLY LEFT BLANK c 0 x cv Exhibit F,DEP Agreement#:R2111 4of4 Rev.3/11/2019 Packet Pg. 1497 ° 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 02 0. RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name Address M City State Zip X Phone Number: ( ) Email: _ License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or art work(s) being submitted and am 18 years of age or older. c 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, a but are not limited to, promotion of the Florida Department of Environmental Protection, including, but not limited to, through publications, websites, social media venues and advertisements and distributed to the media and in commercial products. The Florida Department of Environmental Protection reserves the c 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 e!- 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 x LU assigns. I have read and understand the terms of this release. a, Owner Signature: Date: Photo/Video/Audio/Artwork Recording Filename(s): `V 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. 1498 J.14 e EXAMPLE AAA GOPs 5/21/21 Monroe County Adaptation Action Area Example Policies GOAL: The County shall establish Adaptation Action Areas (AAAs) which address infrastructure and assets, residential neighborhoods and natural resources that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels (17" by 2040 from a 2000 baseline)for the purposes of prioritizing funding for infrastructure needs, adaptation planning, improving the overall resilience of the County and reducing future losses. m 0. Objective 1.0 -The County shall improve resiliency and address vulnerabilities through the establishment of Adaptation Action Areas (AAA), or a similar geographic concept as defined by the County, to identify areas within the County that experience coastal flooding, storm surge and sea level rise and use the AAAs to provide targeted strategies improving resilience,reducing risks, prioritizing funding,creating adaptation planning standards and sharing information. Policy 1.1: The County shall incorporate the best available data, including monitored/observed impacts, and latest scientific predictions, and its 2021 vulnerability assessment update and updates to it, among other analyses, into its policy development and planning for the establishment of AAAs and supporting ma ps. Policy 1.2: For sea level rise planning and the establishment of AAAs the County shall utilize a sea level rise (SLR) projection of 17" by 2040, based on a year 2000 baseline, as developed by the Southeast Regional Climate Compact (2019 update). The development of adaptation planning standards shall consider this 2040 sea level rise projection to help protect the community, infrastructure and assets and resources from the effects of sea level rise. Policy 1.3: The County shall continue to coordinate with municipalities and other public and private agencies and entities to share the best available data and collaboratively develop approaches to improve resilience and enhance the quality of life and ensure the safety of County residents and visitors. .2 Policy 1.4: The County shall review projected sea level rise data, transportation (roads) data, other CL infrastructure data, emergency management provisions, natural resources and listed species data, stormwater data, utility and critical facility data, social vulnerability data, existing and future growth, levels of service and other policy provisions for the development of, and updates to, the AAAs policies and maps. M x Example Example Example Packet Pg. 1499 J.14 e EXAMPLE AAA GOPs 5/21/21 Objective 2.0 - Infrastructure and Assets Adaptation Action Area (AAA): The County shall address the vulnerabilities of public infrastructure and assets due to coastal flooding,storm surge and sea level rise by establishing an AAA and map series indicating those locations that are at risk from sea level rise impacts by 2040 and strategies to improve the resilience of public infrastructure and assets and lands within this AAA. Policy 2.1: The County shall designate an AAA or areas to encompass the Infrastructure and Assets AAA including public infrastructure, buildings or other critical facilities that are at risk of flooding by 2040(17" of sea level rise by 2040 from a 2000 baseline). The County shall develop a map series indicating the y locations of the Infrastructure and Assets AAA. This AAA may include county infrastructure, other governmental facilities, utilities, transportation facilities, communication facilities, recreational facilities, school facilities, religious facilities and historical, cultural or archaeological resources. M ON r ,ir a I s (� t $ ' �i ij ,, }�,} u s e m ��S l r�{t£j �1�}t` li�?°}�A � ��f��1� £ �si71{trr jy } i,i��\ �� `�` `�ti 4 •� :3 aif1 1i ASS}1t' �� r� x, i , t , CL 4 l`40 Data Collection and ` rtLP,E 1 sis � Policy 2.2: Within the next two years, the County shall inventory County public infrastructure and assets o within the Infrastructure and Assets AAA including, but not limited to, locations, elevations, conditions of such assets vulnerable to sea level rise by 2040 to determine at risk facilities as well as recommendations for relocations or retrofits. This effort shall be coordinated among County Departments, including public works, facilities, planning, emergency management, and resiliency staff for the development of a centralized database to incorporate into capital improvement decision making. This effort shall also include an inventory of remaining stormwater management structures not included within the County's 2019 CRS Watershed Management Plan. Policy 2.3: The County,in coordination with other agencies and service providers,shall utilize vulnerability assessment and mapping output to review utilities and facilities,such as sewer, electric,communications, Example Example Example Packet Pg. 1500 J.14 e EXAMPLE AAA GOPs 5/21/21 and water systems, that are currently constructed, or new facilities that will be constructed, to minimize or eliminate flood damage. The County shall share information so to review infrastructure plans so that adequate drainage paths are provided to guide floodwaters around and away from proposed structures to reduce exposure to flood hazards. .2 Policy 2.4: The County shall update its Stormwater Master Plan (from 2001) in concert with its continued 0. participation in the CRS program. Updates shall include consideration of measures that include nature- based solutions, low impact development and rain harvesting methods to manage stormwater. Policy 2.5: The County shall consider the need for site-specific adaptation planning based on the vulnerability assessment and Infrastructure and Assets AAA maps identifying at-risk assets to determine what retrofit or relocation strategies may be necessary. Priorities should be placed on those facilities identified in the vulnerability assessment as being impacted by sea level rise by 2040, including: boat ramps, sections of Heritage Trail, historical structures, marine facilities, governmental, utility and the Veteran's Health Administration Medical Facility. Stormwater infrastructure vulnerable to sea level rise by 2040 includes catch basins, outfalls and trench drains for which data was available. Policy 2.6: From the County's vulnerability assessment, review Critical Facilities, including but not limited to critical care facilities, schools or other County buildings and assets located less than 500 feet from the shoreline that should be further analyzed to determine if additional adaptation measures are needed. Policy 2.7: For future modeling and analysis,the County shall collaborate with state and federal partners, ES such as the SFWMD and USGS, to analyze rainfall curves and integrated water resource information to provide more comprehensive data about the relationships between tidal inundation and precipitation patterns that will further be exacerbated by the impacts of flood risk on public infrastructure and assets. r_ Policy 2.8: The County shall consider vulnerable historical, cultural or archaeological resources within the range of infrastructure and assets that are mapped and collaboration shall occur with cultural, archaeological or historical experts to protect, preserve and/or relocate these resources for the use and y enjoyment of future generations. CL sions `2 Policy 2.9: The County shall incorporate considerations of sea level rise into the design of County capital CL planning projects utilizing the NOAA Intermediate High sea level rise projection (17" by 2040 from a 2000 baseline). Capital project planning within Infrastructure and Assets AAAs shall also consider sea level rise projections beyond 2040 to reflect the useful life of the project. The County shall consider modifications to its Codes, to incorporate such design standards and incentives which could include resiliency to predicted flood impacts and developing supporting design manuals that convey examples of design types for public infrastructure and assets to communicate the goals of making infrastructure projects more resilient and achieving other co-benefits, such as reducing the County's greenhouse gas emissions or improving water quality treatment. The design manuals could be used to educate the local government contractor community about the relationship between the standards and how it affects the project, the community and surrounding private property development. Policy 2.10: The County shall evaluate financial expenditures to fund repairs, reconditioning of deteriorating infrastructure and new infrastructure improvements within the Infrastructure and Assets AAAs to manage public investments appropriately. The County shall focus on level of service standards, Example Example Example Packet Pg. 1501 J.14 e EXAMPLE AAA GOPs 5/21/21 as one of the points of analysis,to assure that the infrastructure's useful life and service expectations can be met in the face of climate change impacts. The County may limit its financial investments in the Infrastructure and Assets AAAs to only maintenance of existing infrastructure. Policy 2.11: The County shall consider adding renewable energy and backup powergeneration equipment to power and serve the public infrastructure and assets making them more resilient to events that could 0. compromise energy service delivery. Policy 2.12: The County shall plan recreational facilities such that they can serve multiple purposes including, but not limited to, water retention areas and also to incorporate floodable park features that can help mitigate flooding in AAAs. Policy 2.13: The County shall incorporate social vulnerability considerations into the capital planning process for those areas that may be more impacted by sea level rise, including but not limited to, consideration of the following types of data: income, public transportation dependencies, language challenges. The County shall consider social vulnerability analysis in conjunction with adaptation strategy y planning to ensure public infrastructure projects are equitably distributed across the community and funding is prioritized with equity as a consideration. Collaboration an tr rh on Ruda radon R LK9SP—Orl-re Policy 2.14: To enhance resilience throughout Monroe County, the County shall continue its leadership within the region through collaborative partnerships with strategic stakeholders (for example Chambers of Commerce) with a focus on sharing the best available data, locating and supporting strategic funding sources in the region 0 Policy 2.15: The County's vulnerability assessment identified numerous structures and facilities that the County does not own or maintain within the Infrastructure and Assets AAA and the County shall collaborate with its infrastructure, other service providers, land owners, the Florida Keys Aqueduct Authority (FKAA), Florida Department of Transportation (FDOT), state and federal government, energy providers, schools, critical care providers and other regional partners to exchange data, plans and solutions to address future vulnerability and flood risks. .2 Policy 2.16: The County shall coordinate resiliency project development with pre-disaster mitigation CL plans, the Local Mitigation Strategy and other emergency management and post-disaster recovery strategies and planning efforts. 0 Policy 2.17: As part of its resiliency and adaptation planning efforts, the County shall continue to hold public meetings to share information about climate threats and solutions that are easily accessible to 0 vulnerable populations. Policy 2.18: The County shall consider signage to warn of anticipated periodic tidal inundation impacts on roads, in parks and in open spaces so that the community is aware of the impacts to transportation or compromised access to services. Policy 2.19: Capital project construction shall be used as an opportunity to educate the community about adaptation response and how funding is improving community resilience to climate change, sea level rise and storm surge through the use of signage, public information releases and on web applications, communications media technology meetings and social media. Example Example Example Packet Pg. 1502 J.14 e EXAMPLE AAA GOPs 5/21/21 Policy 2.20: The County's Resiliency programs shall enhance engagement with the business sector about the County's vulnerability and exposure and the adaptation strategies being undertaken. Communications should include the potential for business disruption and profit losses due to floods, weather events and natural disasters and how these can be avoided or mitigated through resiliency planning. 2 0 0. Policy 2.21: The County shall evaluate funding structures and alternatives that include leveraging granting programs, assessments and/or user fees. An assessment methodology report should be undertaken to determine cost sharing potential between the County and private property owners, such as the use of assessment structures. This should be undertaken with robust community involvement to educate the public about the multiple contributions that will be necessary to respond to climate threats. Policy 2.22: The County shall ensure adaptation project design and analysis aligns with Section 161.551, F.S. (Public financing of construction projects within the coastal building zone), Rule 62S-7, F.A.C. (Sea y Level Impact Projection (SLIP) Studies for State-Financed Coastal Construction), and Section 380.093, F.S. (Statewide Flooding and Sea Level Rise Resilience)so that adaptation projects are competitive for funding and cost sharing opportunities. This shall include review of technical criteria in these provisions so that if public funding is received for such projects,sea level rise and future flood risk are properly integrated into p g� p J p p Y� g project development. Regional collaboration and equity benefits shall be incorporated into the analysis for project development. 0 02 CL C 0 M x Example Example Example Packet Pg. 1503 J.14 e EXAMPLE AAA GOPs 5/21/21 Objective 3.0 — Residential Neighborhood Adaptation Action Area: The County shall address the vulnerabilities of residential neighborhoods or portions of neighborhoods due to coastal flooding, storm surge and sea level rise by establishing an AAA and map series indicating those locations that are at risk by 2040 and strategies to improve the resilience of neighborhoods and lands within this AAA. .2 Policy 3.1: The County shall designate an AAA to encompass residential neighborhoods or portions of neighborhoods (Residential Neighborhood AAAs)that are at risk of flooding by 2040 (17" of sea level rise by 2040 from a 2000 baseline). The County shall develop a map series indicating the locations of such y Neighborhood AAAs. This AAA should focus on incentives and assistance to permanent residential dwelling units to improve neighborhood resilience, reduce risks and prioritizing funding opportunities. r � y ,F t 0 O CL 1 r kti r. 6dap1 Policy 3.2: The County shall review its Code, incorporate data from the vulnerability assessment and increase opportunities to better protect Residential Neighborhood AAAs from flood risk. Policy 3.3: The County shall review data from its vulnerability assessment and Residential Neighborhood0. AAA map series to identify locations where it is necessary to emphasize protecting and enhancing the built and natural environments of neighborhoods from storm surge, erosion and sea level rise impacts, prioritizing natural green infrastructure approaches to the extent practicable. For the Residential Neighborhood AAAs, the County will consider developing localized flood mitigation plans at the neighborhood scale that will allow for the design of more detailed adaptation strategies such as infrastructure retrofits, enhanced storage areas, shoreline adaptation strategies and habitat restoration. Example Example Example Packet Pg. 1504 J.14 e EXAMPLE AAA GOPs 5/21/21 Policy 3.4: The County shall evaluate the need for, and identify funding sources for, additional structure elevation (freeboard) opportunities within the Residential Neighborhood AAAs due to their flood zone, location and proximity to the coast. Policy 3.5: The County shall review and revise, if necessary, fill and shoreline policies applicable to the Residential Neighborhood AAAs to ensure appropriate fill materials are used that protect properties from increased tidal inundation, but do not compromise water quality. Policy 3.6: The County shall identify adaptation growth management strategies and incentives for the Residential Neighborhood AAAs, such as positive or negative point criteria in ROGO and NROGO, additional criteria for the transfer of development rights and ROGO exemptions in order to help ensure the long-term economic resiliency and competitiveness of the area. x Llrwitia i � � rive rc! rf. Ad � �� Policy 3.7: The County shall identify resources regarding a diverse suite of financing and tools to assist individuals with adaptation projects. This should include funding resources and providing assistance to property owners for weatherization, mitigation, flood-proofing, elevation and other flood-resistant improvement projects. Targeted communications shall be prioritized within the Residential Neighborhood AAAs. Policy 3.8: The County shall continue to collaborate with regional partners to identify gaps between private property adaptation and insurance mitigation credits to better link resiliency improvements, retrofits and construction with actual savings on flood and wind insurance. The County shall support legislative strategies to clarify these linkages. 0 Policy 3.9: The County shall continue to maximize participation in FEMA's Community Rating System (CRS) program to pursue greater discounts for flood insurance policy holders. Policy 3.10: The County shall continue participating in federal and state grant programs and leverage disaster recovery and resiliency funding to reduce future flood losses by acquiring repetitive loss properties, elevating (lifting) structures, acquiring vacant lands to maintain land in its natural state, acquiring residential properties and returning the land to its natural state (buyouts), or demolishing residential properties and rebuilding an NFIP-compliant insured structure. Impacted areas within the CL Residential Neighborhood AAAs shall be prioritized for these initiatives and shall be provided a risk-based local point prioritization system developed by the County. 0 Policy 3.11: The County should use the output of the vulnerability assessment to identify the Census Tracts with the highest social vulnerability based on the Center for Disease Control's Social Vulnerability o Index. Within these areas, initiatives to address private property adaption should be tailored for individuals that may have more challenging economic or social characteristics. The County should M consider this when preparing educational materials or coordinating outreach efforts in these areas. Outreach nd Education to Honieand Business Owners Policy 3.12: The County shall work within the Residential Neighborhood AAAs to promote the collection of data through citizen science initiatives/programs and create a photographic, public, tool for residents and business owners to track and submit photographic and other flood related data into a centralized system to help inform adaptation response. Example Example Example Packet Pg. 1505 J.14 e EXAMPLE AAA GOPs 5/21/21 Policy 3.13: The County shall create educational materials to deploy to contractors and property owners regarding the value of sustainable landscaping practices, pervious surfaces, downspout disconnections, converting conventional lawns, the establishment of urban tree canopy (with appropriate species), using Florida Friendly landscaping materials and the use of landscaping that retains more stormwater onsite to achieve improved water quality. Tie the initiative to existing resources that encourage Florida-Friendly 2 LandscapingTm and those that reduce fertilizer usage. Cater the specific measures of Monroe County so that the resources are easier for the public to use (plant menus, instructions, local resources, etc.). m M x 0 CL 02 CL r_ 0 M x Example Example Example Packet Pg. 1506 J.14 e EXAMPLE AAA GOPs 5/21/21 Objective 4.0-The County shall address the vulnerabilities of natural resources,open spaces and shorelines due to coastal flooding, storm surge and sea level rise by establishing an AAA and map series indicating those locations that are at risk by 2040 and strategies to improve the resilience of lands within this AAA. Policy 4.1: Natural Resource AAA: The County shall designate an AAA of natural resources, open spaces .2 and shorelines (Natural Resources AAAs)that are at risk of flooding by 2040 (17" of sea level rise by 2040 from a 2000 baseline). The County shall develop a map series indicating the locations of such Natural Resource AAA. v, N mn tvp Alto Adapot" i 'Ai.im mm Amr ww �,�..� �__ � I E Y n= i aL Y 8 nan � i j t -4� - � fl _ - �h Y� rc•.�y Q O 0 .N d CL Policy 4.2: The County shall work to develop a baseline of shoreline information, relationships between existing shoreline type (hardened, natural, living shoreline) and their proximity to private or public development and, if new shoreline policies are needed,to protect public or private assets. This work may include surveying conditions, determination of seawall heights and outfalls from which to make decisions o on future projects or policies and the development of shoreline adaptation strategies, prioritizing projects that create living shorelines and protect or enhance healthy mangrove resources and wetlands. M Policy 4.3: The County shall prioritize any shoreline projects within the Natural Resource AAA to be nature-based solutions such as mangrove planting or living shorelines to the extent practicable. Policy 4.4: The County shall evaluate its shoreline policies seeking opportunities for living shorelines and expansion of nature-based resiliency strategies,where possible. This includes examining the relationships between existing shoreline type and projected impacts to other infrastructure,assets and neighborhoods. This should include review of policies related to vacant lots with unimproved shorelines where tidal Example Example Example Packet Pg. 1507 J.14 e EXAMPLE AAA GOPs 5/21/21 inundation is occurring or is imminent to occur. This could include Code updates to address the need for protective strategies mitigating flooding impacts. Land Protection andMaus en in Policy 4.5: The County shall undertake a natural resources adaptation planning process to identify key habitats, species and resource issues that would benefit from adaptation response. This shall include coordination with Federal and State agencies that have ownership and / or habitat or species management responsibility within Monroe County. Special Focus Area mapping output from the vulnerability assessment identifies certain habitat vulnerable to sea level rise by 2040 and these impacts should be prioritized in this planning process. Policy 4.6: Given the potential for habitat loss by 2040 within the Natural Resources AAA including, but not limited to mangroves, freshwater tidal, transitional and rocky intertidal lands, the County shall determine the need for revisions to any existing land protection, acquisition or land management strategies or priorities to support nature-based contributions to benefit the County's adaptation response y such as mitigation of shoreline erosion in the Natural Areas AAA. The Natural Resources AAA map series and the County's vulnerability assessment shall be used to support this process. A review of County buffering, tree canopy, shoreline planting, and the need to maintain native landscaping, vegetation protection policies and clearing limits should also be included in this analysis. This should include consideration of the need for certain species of plants or animals to migrate as sea level rise and/or tidal flooding impacts increase over time. Policy 4.7: Vulnerability assessment modeling should be cross-checked with identified critical habitat, nesting locations and suitable foraging areas, etc. as a foundational component to identify where these changes may occur by 2040. Policy 4.8: The County shall determine existing underutilized properties that could be purchased and developed for enhanced water quantity and quality treatment, dual purpose floodable parks and open y spaces that provide recreational opportunities as well as resiliency benefits simultaneously. CL Policy 4.9: The County shall identify funding sources and implement strategies to fund and complete upland habitat, wetland and shoreline management and restoration. 2 0 CL Policy 4.10: To protect shoreline and marine resources, mangroves, coral reef formations, seagrass beds, cu 0 wetlands, fish and wildlife, and their habitat, the County shall incorporate and study best available data and work to reduce nutrient loads to receiving waterbodies through capital projects, enhanced best o management practices, land development regulation updates, and other strategies. M x Example Example Example Packet Pg. 1508 J.14 e EXAMPLE AAA GOPs 5/21/21 Resiliency Rule and Statutory Summaries The Resilient Florida program and HB 70191 .2 The State of Florida solidified its commitment to planning for resiliency and funding projects to address flooding and sea level rise by passing a transformational bill HB 7019/SB 1954. The 18-page bill creates the first major program in Florida to address the future risks of sea level rise and flooding by authorizing y up to $100 million annually for a new grant program focused on local governments, subject to legislative appropriation. While this is a key aspect of the legislation, it is not the only important element. ➢ Resilient Florida Grant Program. The Florida Department of Environmental Protection (DEP) is now authorized to fund grants for planning, data collection and projects to address future flood risks including sea level rise. The grant program can fund vulnerability assessments to determine a community's risks to these threats, but those vulnerability assessments must meet certain parameters outlined in the legislation. ➢ Comprehensive Statewide Flood Vulnerability and Sea Level Rise Dataset and Assessment. The legislation also required DEP to develop a statewide plan (not just at the local government level) to address flood vulnerability and sea level rise. It also required DEP to develop a statewide — dataset to create this assessment and update it periodically. The Assessment must focus on critical assets and other regionally significant assets at the State level. ➢ Statewide Flooding and Sea Level Rise Resilience Plan. Annually, DEP must now create and update a Statewide Flooding and Sea Level Rise Resiliency Plan which is comprised of ranked projects that mitigate or eliminate risks from flooding and sea level rise. The bill contains requirements for project submittals and evaluation including a 50%cost share unless the project is within a financially disadvantaged small community, then the cost share requirement may be reduced. Projects must be submitted by a county, municipality, regional resilience entity, water management district or flood control district or have been identified in the statewide assessment previously outlined. Certain project expenses are prohibited, such as those that focus on just recreation, aesthetics, or projects not directly tied to a resiliency benefit. The section includes a W scoring system for ranking projects. ➢ Funding. The bill authorizes up to $100 million annually subject to a legislative appropriation. °0) This is important, because while the legislation creates the program, it does not include a dedicated funding source that does not require additional action by the Legislature. This issue is CL not without divergent perspectives. ➢ Regional Resilience Entities. The bill also authorizes funding for regional resilience entities such as the Southeast Florida Regional Climate Compact or the Coastal Resources Partnership in Palm Beach County for technical assistance, coordination or projects. o ➢ Florida Flood Hub for Applied Research. The bill establishes the University of South Florida College of Marine Science (or its successor entity) as the lead academic and research institution to address flooding and sea level rise challenges of the state. The charge of the hub is to coordinate data, modeling, research, establish community programs and cooperate with other governmental entities. ➢ Inland and Coastal Flood Control. The bill requires the State's Office of Economic and Demographic Research to assess the need for future expenditures and costs related to sea level 1 Section 380.093, F.S. Example Example Example Packet Pg. 1509 J.14 e EXAMPLE AAA GOPs 5/21/21 rise, flooding and storm surge. Importantly, the assessment must also identify any "gaps" between estimated revenues and expenditures for these purposes. So,while this legislation still requires legislative action for appropriations,the Resilient Florida Program is transformational within the state and serves as a national model for other states to emulate. Rule 625-7, F.A.0 implementing Section 161.551, F.S., Sea Level Impact Projection (SLIP)Studies for State Financial Coastal Construction In the 2020 Legislative session, SB 178 was passed authorizing a new Section of Chapter 161, Beach and 2 Shore Preservation, Section 161.551, F.S. The new section addresses the public financing of construction projects within the coastal building zone. The new statutory section directed Florida Administrative Code X rulemaking to develop a standard by which a "state-financed constructor"must conduct a SLIP study. The Department's intent in this rule is to inform and raise awareness with the state-financed constructor of the potential impacts of sea level rise and increased storm risk on coastal infrastructure. Implementation of the findings of the SLIP studies is at the discretion of the state-financed constructor. The statutory framework and new rule for SLIP studies generally becomes effective July 1, 2022 and accomplishes the following: ➢ Section 161.551, F.S. requires that a project that uses funds appropriate by the state cannot commence until a SLIP study is conducted that meets the Rule requirements; the study must be submitted to DEP and published on the DEP website for at least 30 days. Projects include "Major structure" including houses, mobile homes, apartment buildings, condominiums, motels, hotels, restaurants, towers, other types of residential, commercial, or public buildings, and other construction having the potential for substantial impact on coastal zones. It also includes "Nonhabitable major structure" means swimming pools, parking garages, pipelines, piers, canals, lakes,ditches, drainage structures, other water retention structures,water and sewage y treatment plants, electrical power plants and all related structures or facilities,transmission lines, distribution lines, transformer pads, vaults and substations, roads, bridges, streets, and highways, and underground storage tanks. All of the above are subject to the SLIP study .2 requirement. CL • A state-financed constructor can either use a tool developed by DEP or conduct the SLIP study by their own method that meets the standards and criteria in the rule. • The project cannot commence until the SLIP study is completed and has been published on DEP's website for 30 days. • Standards for the SLIP study include (flooding, inundation and wave action): o Sea level rise projections for 50 years or expected life of structure whichever is less. With multiple features, one SLIP study can be conducted for the component with the highest risk category for all project features. o The NOAA Intermediate High sea level rise scenario must be used. o NOAA tide gauges are prescribed for use (two closest to project site) m o Use of NAVD 88 datum o Land subsidence contribution Example Example Example Packet Pg. 1510 J.14 e EXAMPLE AAA GOPs 5/21/21 o FEMA storm surge for the 1% annual chance (100 year) flood event + NOAA Intermediate High sea level rise scenarios compared to critical project elevations (finished floor elevations or lowest adjacent grade) o Depth-damage curves from 2015 North Atlantic Coast Comprehensive Study, titled �+ "Resilient Adaptation to Increasing Risk: Physical Depth Damage Function Summary .2 Report," must be used to estimate the cost of future flood damage, for vertical construction only o Show the risk to public safety and environmental impacts expected over 50 years or the expected life of the structure,whichever is less,thru use of Risk Categories in the Florida Building Code and windspeed • Alternatives must be provided for project's design and siting and the SLIP study must state how the alternatives would address public safety and environmental impacts including but not limited to, leakage of pollutants, electrocution and explosion hazards, and hazards resulting from floating or flying structural debris as well as the risks and costs associated with construction, maintenance and repair of the structure. • If the state-financed constructor chooses to undertake the SLIP study not using the DEP tool, v, then the report contents shall include, but not be limited to, a description of the approach used in conducting the study, numbered references to the information used in the study, a narrative with graphic illustrations to demonstrate the application of the study approach to the information used, and a discussion of the assessments and alternatives. • Failure to comply may result in DEP enforcement action including injunctive relief to cease construction and recovery of any portion of the funding supplied by the state. 0 02 CL C 0 M x LU Example Example Example Packet Pg. 1511 u0 u014e;uasaM) 2LZ90 0009 syyy aidwex-q- u0i;e;uasaad;}ea(l :;u8W40e;;y N uj Poe '� ��fi§a�}Safi ��tS��"�t�o��} �•� � Yf � a I e i1�ud � 1 ti� f t � t ^� ,1 M1 } 1 4- rt � w" ■ r • • aj CL MAW 0 0 �!t �5t u0 u014e;uasaad) 2LZ50 0009 sVVV aldwex-q- u014e;uasaad;}ea® :IU8W40ePy LO '7 (L s w; ru co a- tl !0 r a .y �✓ (11 y r. 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