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Item P5 P.5 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting May 17, 2023 Agenda Item Number: P.5 Agenda Item Summary #12018 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval to enter into a $734,700 contract with Erin L. Deady PA for consulting services to provide Watershed Management Plans for Monroe County, Layton, Key Colony Beach and Marathon as funded by Florida Division of Emergency Management (FDEM) grant H0856 and H0856-Al and a vulnerability assessment update and neighborhood outreach for Monroe County as funded Florida Department of Environmental Protection (FDEP) Grant 22PLN66 and 22PLN66-A1. ITEM BACKGROUND: This item is to approval to enter into a $734,700 contract with Erin L. Deady PA for consulting services to provide Watershed Management Plans for Monroe County, Layton, Key Colony Beach and Marathon, funded by Florida Division of Emergency Management (FDEM) grant H0856 and H0856-A1. It is also to provide an updated vulnerability assessment and neighborhood vulnerability assessment outreach for Monroe County, funded by Florida Department of Environmental Protection Grant 22PLN66 and 22PLN66-AI. The County issued a Request for Proposals (RFP) to conduct the work. Proposals opened on April 5, 2023 and two proposals were received. A public selection committee meeting was conducted on April 17, 2023 and the committee ranked the proposals in the following manner: Score and Rank by Each Evaluation Total Rank Final Rank Respondent Committee Member Points Rhonda Emily Schemper Haag FAU 178 /2 175 /2 4 92 Erin Deady LLC 196/ 1 185 / 1 2 91 This work is 100% funded by grants from FDEM and FDEP combined. The consultant has Packet Pg. 2267 P.5 extensive experience in this work and was responsible for conducting the previous work for the County. This work updates the previous work and provides new work for the municipalities. PREVIOUS RELEVANT BOCC ACTION: July 21, 2021: Discussion and direction in the formulation of a grant application strategy for the "Resilient Florida" grant funds this year. August 18, 2021: Approval of the proposed grant applications for the "Resilient Florida" grant program. October 19, 2022: Approval of a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) grant award of$120,843.75 passed through as a sub-recipient agreement with the Florida Division of Emergency Management to update the County Watershed Management Plan,plus a $40,281.25 match provided by Resilient Florida Vulnerability Assessment grant 22PLN66, for a total project value of$161,125. January 18, 2023: Authorize planning grant 22PLN66 for $139,350 from the Florida Department of Environmental Protection under the Resilient Florida Grant Program to update the Monroe County Vulnerability Assessment pursuant to Section 380.093, Florida Statutes. April 19, 2023: Approval of a $75,000 amendment no. 1 to planning grant 22PLN66, from the Florida Department of Environmental Protection under the Resilient Florida Grant Program, to conduct neighborhood outreach to obtain feedback while updating the Monroe County Vulnerability Assessment. [Submitted: May 17, 2023: Approval of Modification 4 1 to Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) subgrant agreement H0856 with Florida Division of Emergency Management to develop Watershed Management Plans for Layton, Key Colony Beach and Marathon, increasing federal funding by $399,506.25 and bringing the total grant amount to $693,800. The 25% match will be provided by Resilient Florida Vulnerability Assessment grants 22PLN65 (Marathon) and 23PLN97 (Layton/Key Colony Beach). No County funds are expended for this work. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Deady Contract CRS and VA - signed by vendor(2) Attachment 1 - CRS Grant amendment Attachment 2- 22PLN66 Monroe VA Grant Attachment 2B 22PLN66-AI Packet Pg. 2268 P.5 FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: August 30, 2024 Total Dollar Value of Contract: $734,700.00 Total Cost to County: $0 Current Year Portion: 60% Budgeted: Grant Funded Source of Funds: DEM Grant H0856 and H0856-A1 DEP Grant 22PLN66 and 22PLN66-A 1 CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: Insurance to be provided before execution. 05/17/23 001-06000 - GRANTS $734,700.00 REVIEWED BY: Rhonda Haag Completed 05/01/2023 5:55 PM Cynthia Hall Completed 05/02/2023 8:36 AM Purchasing Completed 05/02/2023 8:44 AM Budget and Finance Completed 05/02/2023 8:53 AM Brian Bradley Completed 05/02/2023 10:20 AM Lindsey Ballard Completed 05/02/2023 10:35 AM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 2269 P.5.a AGREEMENT n BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ERIN L. DEADY, P.A. FOR 0 VULNERABILITY ASSESSMENT MODELING AND WATERSHED MANAGEMENT PLAN DEVELOPMENT THIS AGREEMENT is made and entered into this day of 2023 by E MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040 and Erin L. Deady, P.A. ("CONSULTANT"), whose address is 54 1/z SE 6th Avenue, Delray Beach, FL 33482. �? a� WITNESSETH 06 U) WHEREAS, the COUNTY issued its Request for Proposals RFP ("RFP") pursuant to state and 0 local law to solicit proposals to develop vulnerability assessments for the County, Layton and Key Colony Beach and watershed management plans for the County, Layton, Key Colony Beach and Marathon; and WHEREAS, Consultant is a professional qualified to render said services and has responded to the RFP by submitting its proposal in response to the RFP ("Proposal"); and > WHEREAS,the COUNTY desires to engage Consultant to provide such services to the COUNTY and to the municipalities according to the terms and subject to the conditions set forth herein; and c� WHEREAS, grants 22PLN66 Monroe County Vulnerability Assessment Update and 23PLN97 0 Layton/Key Colony Beach Vulnerability Assessment Development are funding the vulnerability assessment portion of the work; and > WHEREAS, grant H8056 Monroe County Watershed Management Update and H80560A1 Watershed Management Development for Layton, Key Colony Beach and Marathon are funding the federal share of the watershed management plan portion of the work; and WHEREAS, the parties recognize that through no fault of the COUNTY or CONSULTANT, there have been delays with both the Resilient Florida and Watershed Planning Initiative programs in processing grant agreement work plans; and U c, c� WHEREAS, the parties recognize the value of receiving timeline extensions by the State of a Florida for the grant agreements and will work together to secure those extensions. 0 U NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the COUNTY and CONSULTANT do hereby agree as follows: c� Page 1 of 21 Packet Pg. 2270 P.5.a Section 1. SCOPE OF SERVICES n CONSULTANT shall perform and carry out in a professional and proper manner certain duties as described in the grants in Exhibit A—attached hereto and made a part of this agreement. All terms and conditions of the attached grants are incorporated by reference into this CONTRACT 0 CONSULTANT shall provide the scope of services in Exhibit A for the COUNTY. CONSULTANT warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONSULTANT shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Consultant shall provide services using the following standards, as a minimum requirement: A. The CONSULTANT shall maintain adequate staffing levels to provide the services 2 required under the Agreement resulting from this RFP process. B. The personnel shall not be employees of or have any contractual relationship with 06 the County. To the extent that Consultant uses sub consultants or independent U) Consultants, this Agreement specifically requires that sub Consultants and U) independent Consultants shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES a� 2.1 The County will provide such data as is required by the Consultant and is mutually agreed c� upon. 2.2 The County will make payments as outlined in Section 4 of this Agreement. 2.3 The County will work with the Consultant and state agencies administering the Resilient Florida and Watershed Planning Initiative programs to secure grant extensions as necessary to complete the work. Section 3. TERM OF AGREEMENT U+ 3.1 Except as noted below, this Agreement shall begin on thel7th day of May 2023 and will conclude with delivery of the deliverables outlined in Section 1 of this Agreement,which shall not be later than August 30, 2024, unless further modified by Amendment to this Agreement. U c� Section 4. COMPENSATION AND PAYMENT TO CONSULTANT 0 U 4.1 The COUNTY shall pay the CONSULTANT for the CONSULTANT'S performance of a this Agreement an amount not to exceed Seven Hundred Thirty Four Thousand Seven Hundred Dollars ($734,700). The Contract Sum shall not exceed this amount unless amended by formal 4, approval of the Monroe County BOCC. No charges shall be incurred by the County other than products or services that were ordered,provided and agreed upon by the COUNTY. Page 2 of 21 Packet Pg. 2271 P.5.a n 4.2 Payment will be made according to the Deliverable Schedule included in the grant agreements attached as Exhibit A, and according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. The Provider shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. Acceptability 0 to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Project Manager will review the request,note his or her approval on the request and forward it to the Clerk for payment. E 4.3 Monroe County's performance and obligation to pay is contingent upon an annual appropriation by Monroe County. 4.4 Financial Consequences for Non-Performance: 06 The failure to provide the County within the required timelines shall result in a penalty of U) 5 %of the determined deliverable amount for each late deliverable.Penalty may be waived 0 if the Granting Agency approves. Should the Consultant determine thatthere are significant < barriers to conduct any of the minimum deliverables due to extenuating circumstances; the County may re-evaluate performance expectations upon a formal request from the Consultant. If the Consultant fails to comply with any terms of the agreement, the County may take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by the Consultant; 2. Disallow all or part of the cost of the activity or action not in compliance; -� 3. Wholly or partially suspend or terminate the current agreement for the Consultant's proj ect; 0 4. Withhold further agreements for the project; or 5. Take other actions that are legally allowed. Section 5. CONTRACT TERMINATION U) Either party may terminate this Agreement because of the failure of the other party to perform its ' obligations under the Agreement. COUNTY may terminate this Agreement with or without cause > upon thirty (30) days' notice to the CONSULTANT. COUNTY shall pay CONSULTANT for work performed through the date of termination. W U Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS 0 A. CONSULTANT hereby agrees that he has carefully examined the RFP, his response, and U this Agreement and has made a determination that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONSULTANT,who understands the same and agrees to their sufficiency for the work Page 3 of 21 Packet Pg. 2272 P.5.a to be done. Under no circumstances, conditions, or situations shall this Agreement be more n strongly construed against COUNTY than against CONSULTANT. B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter. C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with the 0 terms of this Agreement, and specifications covering the services. D. CONSULTANT agrees that County Administrator or his designated representatives may visit CONSULTANT'S facility (ies) periodically to conduct random evaluations of services during CONSULTANT'S normal business hours. E, E. CONSULTANT has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. 06 Section 7. NOTICES U) 0 U) U) Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: County Administrator, Mr. Roman Gastesi > 1100 Simonton Street, Suite 205 Key West, Florida 33040 a� With a copy to: Monroe County Attorney's Office 1111 121h St. Suite 408 Key West FL 33040 To the CONSULTANT: Erin L. Deady, P.A. 54 1/2 SE 6th Avenue Delray Beach, FL 33482. U) Section 8. RECORDS/FLORIDA PUBLIC RECORDS LAW (F.S. 119.0701) CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for five(5) years following the termination U of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03 of the F.S., running from the date the monies were paid to Consultant. c� Page 4 of 21 Packet Pg. 2273 P.5.a Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records n laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 0 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the E records to the public agency. d. Upon completion of the contract transfer, at no cost to Monroe County all public records in p p n' p � possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public 06 records that are exempt or confidential and exempt from public records disclosure U) requirements. If the contractor keeps and maintains public records upon completion of the 0 contract, the contractor shall meet all applicable requirements for retaining public records. < All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, r� e�- ri f& r ec ty- . v, c/o Monroe County Attorney's Office, 1111 0 12t St., Suite 408, Key West FL 33040. Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 U) The CONSULTANT warrants that it has not employed,retained or otherwise had act on its behalf ' any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase is price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 0 U E c� Page 5 of 21 Packet Pg. 2274 P.5.a Section 10. CONVICTED VENDOR n By signing this agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. 0 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an Agreement with a public entity for the construction or repair of a public building or public work,may not perform work as a CONSULTANT, supplier sub Consultant, or CONSULTANT under Agreement with any public entity, and may not transact business with an public entity in excess of the threshold amount provided in Section 287.017 of Y P tY P � the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed �? a� on the convicted vendor list. 06 Section 11. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES a� This Agreement shall be governed by and construed in accordance with the laws of the State of < Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. SEVERABILITY a If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of 0 competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. > Section 13. ATTORNEY'S FEES AND COSTS U The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, and court costs, U as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. c� Page 6 of 21 Packet Pg. 2275 P.5.a Section 14. BINDING EFFECT n The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 0 Section 15. AUTHORITY Each party represents and warrants to the other that all necessary County and corporate action, as required by law have duly authorized the execution, delivery and performance of this Agreement. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no 06 resolution can be agreed upon within 30 days after the first meet and confer session,then any party U) shall have the right to seek such relief or remedy as may be provided by this Agreement or by 0 Florida law. This Agreement shall not be subject to arbitration. Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Agreement, COUNTY and CONSULTANT > agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 0 Section 18. NONDISCRIMINATION > COUNTY and CONSULTANT agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONSULTANT agree > to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; Title IX U c, of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age 0 U Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, a� relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health c� Page 7 of 21 Packet Pg. 2276 P.5.a Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to n confidentiality of alcohol and drug abuse patent records; Title VHI of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or 0 the subject matter of, this Agreement. Section 19. COVENANT OF NO INTEREST COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 06 Section 20. CODE OF ETHICS U) U) 0 U) The parties understand that officers and employees of the COUNTY are required to comply with U) the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation;misuse of public position,conflicting employment or contractual relationship; and disclosure or use of certain information. Section 21. NO SOLICITATION/PAYMENT The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit 0 or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, > commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at U) its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. > Section 22. PUBLIC ACCESS U The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents,papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and 0 U CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. Section 23. NON-WAIVER OF IMMUNITY c� Page 8 of 21 Packet Pg. 2277 P.5.a n Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of the COUNTY and the CONSULTANT in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 0 Section 24. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of �? the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. � U) 0 U) Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES U) Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation > or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. c� Section 26. NON-RELIANCE BY NON-PARTIES 0 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to > enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the U) authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and > apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. U Section 27. ATTESTATIONS CONSULTANT agrees to execute such documents as the COUNTY may reasonably require 0 c, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. Section 28. NO PERSONAL LIABILITY c� Page 9 of 21 Packet Pg. 2278 P.5.a n No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 0 Section 29. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 30. SECTION HEADINGS 06 Section headings have been inserted in this Agreement as a matter of convenience of reference U) only, and it is agreed that such section headings are not a part of this Agreement and will not be 0 used in the interpretation of any provision of this Agreement. Section 31. INSURANCE POLICIES 31.1 General Insurance Requirements for Other Consultants and Sub Consultants. As a pre-requisite of the work governed,the CONSULTANT shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONSULTANT will ensure that the insurance obtained will extend protection to all Sub Consultants engaged by the CONSULTANT. As an alternative, the CONSULTANT may require all Sub Consultants to obtain insurance consistent with the attached schedules; however, 0 CONSULTANT is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for > termination of this Agreement. The CONSULTANT will not be permitted to commence work governed by this contract until U) satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONSULTANT > to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONSULTANT's failure to provide U satisfactory evidence. The CONSULTANT shall maintain the required insurance throughout the entire term of this 0 U contract and any extensions specified herein. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONSULTANT to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments c� Page 10 of 21 Packet Pg. 2279 P.5.a shall be imposed as if the work had not been suspended, except for the CONSULTANT's failure n to maintain the required insurance. The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance, or 0 • A Certified copy of the actual insurance policy. U The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they be not subject to cancellation, non-renewal, material change, or reduction in coverage unless the insurer gives a minimum of thirty (30) days prior notification to the County. a� The acceptance and/or approval of the Consultant's insurance shall not be construed as relieving the Consultant from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be 06 included as "Additional Insured" on all policies, except for Workers' Compensation. U) 0 U) 31.2 General Liability Insurance Requirements U) Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be $500,000 Combined Single Limit(CSL) 0 If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $ 50,000 Property Damage U) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. U The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. U 31.3 Vehicle Liability Insurance requirements Recognizing that the work governed by this contract requires the use of vehicles, the CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, Page 11 of 21 Packet Pg. 2280 P.5.a liability coverage for: n • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) 0 If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage E The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 31.4 Workers' Compensation Insurance Requirements 06 U) Prior to commencement of work governed by this contract, the CONSULTANT shall obtain 0 Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition,the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits > $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 0 31.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Consultant shall purchase and maintain, throughout the life of the contract,Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Consultant arising out of work governed by this contract. > The minimum limits of liability shall be $500,000 per occurrence/$1,000,000 Aggregate U Section 32. INDEMNIFICATION The CONSULTANT does hereby consent and agree to indemnify and hold harmless the 0 COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the CONSULTANT or substantial and unnecessary delay caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and c� Page 12 of 21 Packet Pg. 2281 P.5.a answerable for any and all accidents or injuries to persons or property arising out of its performance n of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further,the CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONSULTANT. 0 Section 33. INDEPENDENT CONSULTANT. At all times and for all purposes hereunder,the CONSULTANT is an independent Consultant and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, Consultants, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent Consultant, the CONSULTANT shall provide independent, professional �? judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 06 U) Section 34. COMPLETENESS OF WORK. 0 U) The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be > chargeable to the CONSULTANT. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. c� The CONSULTANT agrees that no charges or claims for damages shall be made by it for any 0 delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the > COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the work schedule. Such an agreement shall be made between the parties. U) Section 35. FEDERAL REQUIREMENTS.A portion of the funds used to pay CONTRACTOR will come from federal grant awards. The following clauses from 2 CFR part 200 therefore apply > to this Agreement and are incorporated by reference: 35.1 SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, U AND LABOR SURPLUS AREA FIRMS. s The County strongly encourages the use of women-, minority- and veteran-owned business enterprises (SBEs) and wishes to see a minimum of 25% of the contract or subcontracts awarded 0 U pursuant to this RFP go to SBEs. Contractors may search for Florida registered SBEs at: http://www.dms.myflorida.com/agency administration/office_of supplier diversity osd Any proposal submitted in which the vendor is certified as an SBE,or in which the vendor proposes to use subcontractors that are certified as SBEs, in Florida or another jurisdiction, must submit c� Page 13 of 21 Packet Pg. 2282 P.5.a proof of the registration or certification from the local authority in order to receive credit for the n use of the SBE. 35.2 AUDIT OF RECORDS Contractor shall grant to the County, DEM, FEMA, the Federal Government, and any other duly authorized agencies of the Federal Government or the County where appropriate the right to 0 inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five (5) years after final grant close-out by FEMA or DEM, or as required by CL applicable County, State and Federal law. Records shall be made available during normal working hours for this purpose. E, In the event that FEMA. DEM, or any other Federal or State agency, or the County, issues findings or rulings that the amounts charged by the Contractor, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation, Contractor may appeal any such finding or ruling. If such appeal is unsuccessful, the Contractor shall agree that the amounts paid 06 to the Contractor shall be adjusted accordingly, and that the Contractor shall, within 30 days U) thereafter, issue a remittance to the County of any payments declared to be ineligible or non- 0 allowable. Contractor shall comply with federal and/or state laws authorizing an audit of Contractor's operation as a whole, or of specific Project activities. Under no circumstances shall advertising or other communications with the media be presented in > such a manner as to County or imply that the Contractor or the Contractor's services are endorsed by the County. 35.3 NONDISCRIMINATION (required language from 41 C.F.R. § 60-1.4(b)). 0 During the performance of this Agreement, the CONTRACTOR agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that U) employees are treated during employment,without regard to their race, color,religion, sex sexual orientation, gender identity, or national origin. Such action shall include,but not be > limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in U conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 0 U (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, sexual orientation, gender identity, a� or national origin. c� Page 14 of 21 Packet Pg. 2283 P.5.a n (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such 0 employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' 06 representative of the contractor's commitments under section 202 of Executive Order U) 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places 0 available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 > of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 0 (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, > terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and U) remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. > 35.4 OTHER FEDERAL CONTRACT REQUIREMENTS As Applicable, the CONTRACTOR and its subcontractors must follow the provisions as set forth U in Appendix 11 to Part 200, as amended, including but not limited to: A. Rights to Inventions Made Under a Contract or Agreement. If the Federal award 0 U meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the a� recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights c� Page 15 of 21 Packet Pg. 2284 P.5.a to Inventions Made by Nonprofit Organizations and Small Business Firms Under n Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. B. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of 0 $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). C. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., 06 p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension." SAM U) Exclusions contains the names of parties debarred, suspended, or otherwise excluded by 0 agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. D. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors who apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person > or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such 0 disclosures are forwarded from tier to tier up to the non-Federal award. E. Americans with Disabilities Act of 1990 (ADA) — The CONTRACTOR will > comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. F. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing > work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. U c� 35.5 No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or 0 U any other party pertaining to any matter resulting from the contract. 35.6 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and a� Statements) applies to the Contractor's actions pertaining to this contract. c� Page 16 of 21 Packet Pg. 2285 P.5.a nE III WITLESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 2023. 0 U (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin,Madok, CLERK OF MONROE COUNTY,FLORIDA By By: As Deputy Clerk Mayor 06 U) U) 0 U) U) (CORPORATE SEAL) ERIN L. DEADY PA ATTEST: By _ - By: Title: r 0 U) Approved as to form and legal sufficiency: Monroe County Attorney's Office 5-2-2023 U c� 0 U c� Page 17 of 2l Packet Pg. 2286 P.5.a CONTRACT ATTACHMENTS n Exhibit A SCOPE OF SERVICES, SCHEDULES AND DELIVERABLES 0 A. Watershed Management Plans ($520,350) 1. Monroe County — All terms and conditions, tasks, schedule and deliverables included in the Division Of Emergency Management Mitigation Bureau federally-funded subaward and grant agreement 4H0856,Project 44337-4-Pb for $120,843.75 as shown in A"I"TA "IIMI,:NT I shall apply. �? a� 2. Layton - All terms and conditions, tasks, schedule and deliverables included in 06 the Division Of Emergency Management Mitigation Bureau federally-funded U) subaward and grant agreement H0856-A1,Project 4337-4-Pb for$106,218.75 as 0) shown in A"l TAI`IIMI:INT 1 shall apply. 3. Key Colony Beach- All terms and conditions, tasks, schedule and deliverables included in the Division Of Emergency Management Mitigation Bureau federally-funded subaward and grant agreement 4H0856-A1, Project 4 4337-4- Pb for $106,218.75 as shown in A"l"TA MMI,:NT I shall apply. > 4. Marathon - All terms and conditions, tasks, schedule and deliverables included in the Division Of Emergency Management Mitigation Bureau federally-funded subaward and grant agreement 4H0856-A1, Project 4 4337-4-Pb for $106,218.75 as shown in A"I"TA lIlMI�:NT I shall apply. 0 B. Vulnerability Assessments > 1. Monroe County — All terms and conditions, tasks, schedule and deliverables included in the Department of Environmental Protection State-funded grant T agreement 22PLN66 for $139,350.00 as shown in ATTA "l1MI,:NT 2A shall apply. Monroe County — All terms and conditions, tasks, schedule and deliverables included in the Department of Environmental Protection State-funded grant U agreement amendment 22PLN66-Al for $75,000 as shown in A"I TAC lIlMI�,I T 211 shall apply. 0 U E c� Page 18 of 21 Packet Pg. 2287 P.5.a ATTACHMENT 1 Watershed Management Plan Grant($520,350 federal share): 0 U ATTACHMENT 1 —Division of Emergency Management Mitigation Bureau federally funded subaward grant agreement H0856-Al for: ■ Monroe County Watershed Management Plan update for $120,843.75 federal share. Local match is the Vulnerability Assessment work. ■ Layton Watershed Management Plan for $106,218.75 federal share. Local match is the Vulnerability Assessment work. 06 U) U) ■ Key Colony Beach Watershed Management Plan for$106,218.75 federal share. U) Local match is the Vulnerability Assessment work. ■ Marathon for Watershed Management Plan for $187,068.75 federal share. Local match is the Vulnerability Assessment work. c� U c� 0 U E c� Page 19 of 21 Packet Pg. 2288 P.5.a ATTACHMENT 2A n Vulnerability Assessment Grant: ATTACHMENT 2 - Monroe County/Department of Environmental Protection State- funded grant agreement 22PLN66 for Vulnerability Assessment Update for$139,350.00 0 06 U) U) 0 U) c� U c� 0 U E c� Page 20 of 21 Packet Pg. 2289 P.5.a ATTACHMENT 2B n Vulnerability Assessment Grant Amendment: ATTACHMENT 2B - Monroe County/Department of Environmental Protection State- funded grant agreement 22PLN66-Al for Vulnerability Assessment Neighborhood 0 Outreach for $75,000. 06 U) U) 0 U) c� U c� 0 U E c� Page 21 of 21 Packet Pg. 2290 P.5.b SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU nE REQUEST FOR REVIEW AND APPROVAL SUB-RECIPIENT: Monroe County PROJECT#: 4337-004-Pb PROJECT TITLE: Monroe County Watershed Management Plan Update CONTRACT#: H0856 U MODIFICATION#: 1 CL SUB-RECIPIENT REPRESENTATIVE POINT OF CONTACT Rhonda Haag 1100 Simonton Street Key West, FL 33040 Enclosed is your copy of the proposed contract/modification between Monroe County and the Florida Division of Emergency Management (FDEM). 06 U) COMPLETE 0 This form is required to be included with all Re e) views, Approvals, and Submittal ❑ Signed electronic copy ❑ Reviewed and Approved ❑ Signed and Dated by Official Representative ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated ® N/A for Modifications or State Funded Agreements ❑ Attachment K—Certification Regarding Lobbying - completed, signed, and dated E ® N/A for Modifications or State Funded Agreements ❑ Electronic Submittal to the Grant Specialist Samantha Chaganis on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 328-5736 or email me at Caitlyn.Stroik@em.myflorida.com. U E c� E c� Packet Pg. 2291 P.5.b Contract Number: H0856 Project Number: 4337-004-Pb nE MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY 0 t3 This Modification Number One is made and entered into by and between the State of Florida, 9= Division of Emergency Management ("the Division"), and Monroe County, ("the Sub-Recipient") to modify Contract Number H0856, dated December 8, 2022 ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub-Recipient under the Hazard Mitigation Grant Program of$120,843.75, in Federal Funds; and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and WHEREAS, the Division and the Sub-Recipient desire to modify the Budget and Scope of Work 6 by increasing the Federal funding by$399,506.25 under the Agreement. U) U) NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is amended to increase the Federal Funding by$399,506.25, for the maximum amount payable under the Agreement to $ 520,350.00, (Five Hundred Twenty Thousand Three Hundred Fifty Dollars and No Cents). > 2. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 1 st Revised Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. E 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September IZ 30 and December 31. E c� E c� Packet Pg. 2292 P.5.b IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. nE SUB-RECIPIENT: MONROE COUNTY By: Name and Title: 0 t3 Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: 06 U) U) Name and Title: Kevin Guthrie, Director U) Date: E E t3 E c� E c� Packet Pg. 2293 P.5.b Attachment A Watershed Master Planning Initiative Monroe County Watershed Management Plan Update Scope of Work and Budget Statement of Purpose The Florida Division of Emergency Management's (the Division) Bureau of Mitigation prioritizes flood risk management as an integral part of its mission. The goals of this project are to assist local communities in developing a Watershed Master Plan for the purposes of moving up in the Community Rating System (CRS)of the National Flood Insurance Program (NFIP)and to increase resiliency in Florida communities. U This project is funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-004-P, as approved by the Division and the Federal Emergency Management Agency(FEMA)to create and update Watershed Master Plans (WMPs)throughout the state of Florida. The Project Manager for the Division will be: Laura Dhuwe, Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 850-879-0872 06 !n in..!.!n..g.( rr.::..! . `..[!2.!Ei d a..:, �?..rn Us 0 U) Scope of Work U' The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (WMP)for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research and the creation of guidance materials to ensure a consistent statewide approach to WMP development. Guidance materials produced in the WMP Pilot Program can be found at: I/7tt➢ .s.://www.Floiriclaci..isastcir..oir /J rr/miti ation/watcirshe.....11�.!2. .!n.iingiinitiativc.or ............................................................................................................................................... q..... .......... ............... ............................................................................................... ...................................................... , I/7tt�s://uwuwuw.F�)u�.cclu�/cin iincciriin /irescirl/7/ uwir / Iciriin /7crsc/. The Sub-Recipient may use other ........➢........................................................................................................................................................................g.........................................................................................................................................q........................................... p Y Criteria materials providedp Element men Y WMP under CRS Activity ISO and it... l/Ferrn��„guy. The Sub-Recipient shall follow the Credit y 4b (please refer to the 2017 CRS Coordinator's Manual' and the 2021 Addendum to the Coordinator's Manua 12). The Sub-Recipient will finalize the process by submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the WMP will be adopted in the Sub-Recipient's next LMS update. Monroe County will be responsible for all tasks and deliverables for Monroe County, City of Key Colony E Beach, City of Marathon and City of Layton. Tasks necessary to the completion of a WMP include: Task 1 —Create Preliminary Project Plan based on Initial Flood Modeling, and Submit Draft WMP The Sub-Recipient shall create a preliminary Project Plan, which is a narrative detailing how the initial flood modeling has sufficient detail on the data that went into the model, model specifications, and U possible solutions for addressing flood risks that the model identified. There must be enough detail in the preliminary Project Plan to verify the required analysis has been completed. Specifically, the required analysis for the preliminary Project Plan shall include all the Minimum Criteria required for a creditable WMP3 under the two categories of Data Inventory and Collection and Initial Flood Modeling as follows: https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinators- manual_2017.pdf 2 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinator- E manual_addendum-2021.pdf 3 See 2017 CRS Coordinator's Manual at htt�s://vmvvvv.ferrng�. ov/sites/deF��ua t/files/documents/fema corrmunut Lg1J n s sterrn coordurr� Mors ....I............................................................................................t.........................................................................................................................................................................................................................................................................................................Y................................t............. ........................................................................................................................ rran_u a. _ 0.1 P,IC..[; the 2021 Addendum to the Coordinator's Manual at Packet Pg. 2294 P.5.b Data Inventory and Collection: 1. Data inventory(used for initial flood modeling): a. Inventory of ground characteristics (e.g., soil type, impervious surfaces, wetlands) b. Inventory of existing drainage system c. Inventory of data availability 2. Locations of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 0 3. Existing regulations and plans in place for reducing flood risks U Initial Flood Modeling 4. For current/existing conditions land use, future land use, and the fully developed watershed scenarios: a. Evaluations of the existing drainage system's runoff response from design storms using a hydrologic and hydraulic study with a hydrograph approach under current and predicted future land use conditions with assessments of the impacts of climate change and sea level rise for 10-, 25- & 100-year storm events b. For currently fully developed watersheds: studies of existing development and the potential impact of any redevelopment 06 c. Evaluations of different management scenarios for at least the 100-year rainfall event for U) a fully developed watershed at a scale sufficient to determine local problems. U) d. Determinations of the change in runoff from current to future, fully developed conditions U' e. Recommendations for managing at least the 10-year and the 25-year rainfall events 5. For communities impacted by sea level rise: evaluations of the impacts of the NOAA Intermediate 2100 sea level rise scenario on the 100-year rainfall event a. It is highly recommended to include 2 other scenarios up to 2100, which could be based on sea level for 2 time frames into the future or a number of feet of sea level rise within this timeframe. 6. The plan must include a strategy and action plan to address the results of the studies for: a. controlling the timing of peak flows to prevent or minimize problems for the entire watershed due to new development, redevelopment, and fully developed conditions b. the impact of climate change and sea level rise on fully developed conditions c. at least the 25-year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25-year rainfall event d. at least one event larger than the 25-year rainfall event, with a list of possible solutions E for addressing this event e. ensuring that flood hazards from the 10-year and the 25-year events are not increased by future development (the 2-year storm is also recommended). 7. The community must adopt the final plan. U 8. If applicable, WMP plans more than 5 years old must be evaluated to ensure that they remain applicable to current conditions. For instance, are previous assumptions on hydrology, sea level rise and future land use still applicable. c� Deliverable 1: An (1)electronic copy of the preliminary Project Plan; (2) a separate electronic document listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3)a separate electronic document clarifying the Sub-Recipient's existing data inventory at the time of contract execution, how the data are used, and which tasks and efforts have already been completed prior to c� htt�s://vvvvvv.Ferrnov/sites/deF��ult/files/documents/Fema corrnrrnuini ratan s sterrn coordun �tor ....t............................................................................................. .........................................................................................................................................................................................................................................................................................................y.................................,�.............y.........................................................................................................r..... .man_u a. _.addendu m 021 t��„F; and other materials provided by ISO located at l�7„ttp�s;//Fea a,:.. . Packet Pg. 2295 P.5.b contract execution. These three electronic documents must be submitted to the Division for review no later than 11 months after the beginning of the Period of Performance. The Sub-Recipient will provide Deliverable 1 to the Division via email to ateir lhedji„IM inin„iin„r„( ),ern r�y Hlo ir��c. orn. Payment for Task 1 will occur once the Sub-Recipient has received feedback from the Division confirming that their preliminary Project Plan has been approved. To be approved, the preliminary Project Plan must show how all the listed Minimum Criteria required for a creditable WMP are intended to be met. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 11 months from the beginning of the Period of Performance before payment will be processed. 0 U Jurisdiction Specific Comments for Task 1: Task 1.1: Data collection for structures— Monroe County, City of Key Colony Beach, City of Marathon and City of Layton shall provide a list of critical assets, including regionally significant, to be evaluated for potential impacts by flooding and sea level rise including (but not limited to)transportation assets and evacuation routes; critical infrastructure; critical community and emergency facilities; and natural, cultural, and historical resources. Additionally, Monroe County, City of Key Colony Beach, City of Marathon and City of Layton shall include an individualized assessment with updated structures from the 2019 Watershed Management Plan, and any additional field work and analysis stemming from the Countywide Roads and Stormwater Assessment (2022). Monroe County shall also provide an inventory and description of their drainage system. 6 Tasks 1.2 and 1.3: Preliminary Flood Modeling and Project Plan— In addition to the above Minimum Criteria, Monroe County, City of Key Colony Beach, City of Marathon and City Layton shall align the U) Project Plan modeling effort with Section 380.093, F.S., and the approach for this assessment will include: 1) mapping potential high tide flooding, future regular tidal inundation from sea level rise and 2) mapping potential storm surge events to project multiple sea-level-adjusted designed storm events (at a minimum, the 100-year event). Additionally, Monroe County, City of Key Colony Beach, City of Marathon and City of Layton will clarify in > writing which tasks and efforts have already been completed prior to contract execution. With the mapping efforts, Monroe County, City of Key Colony Beach, City of Marathon and City of Layton shall provide the source and dates of data acquisition, Iocational accuracy, and map projection and coordinate system information of geospatial data. Task 2— Revise Draft WMP and Submit Completed WMP After receiving feedback from the Division on the preliminary Project Plan from Task 1 (Deliverable 1), the Sub-Recipient shall finalize the flood modeling process and submit their completed WMP. At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WMP shown above. The Sub-Recipient shall update their WMP, if revisions are necessary based on the Division's feedback, and submit the completed WMP to the Division for review. Throughout the activities for Task 2, the Sub-Recipient shall coordinate with the applicable LMS working group to ensure that the working group will adopt the WMP as an annex in the next LMS update, and use the data to inform the risk assessment and mitigation strategy. Deliverable 2: An electronic copy of the completed WMP will be submitted to the Division no later than 12 months after the beginning of the Period of Performance. If applicable, the Sub-Recipient will revise the submitted WMP to comply with required revisions and feedback from the Division, and then resubmit the WMP to the Division no later than 12 months after the beginning of the Period of Performance. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 12 months from the beginning of the Period of Performance before payment will be processed: 1. the completed WMP4 (after incorporating comments from the Division, if applicable); and c� 4 See the Minimum Criteria required for a creditable WMP listed above. Packet Pg. 2296 P.5.b 2. a signed letter from the applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the completed WMP will be adopted and used to update the risk assessment and mitigation strategy during the next LMS plan update. nE The Sub-Recipient will provide Deliverable 2 to the Division via email to it I7 ..III..Igoin..(ln..q.r Method of Compensation: All deliverables submitted to the Project Manager or to the Division shall be completed by the Sub- Recipient and approved for completeness and accuracy by the Project Manager or the Division to qualify as reaching the minimum required criteria for each invoice period. 0 U All tasks shall be performed under the direct supervision of the Division. The project shall be reimbursed upon receipt of invoices submitted at the completion and acceptance of each deliverable defined above unless this agreement is terminated early. This is a cost reimbursement agreement, which will be reimbursed on a fixed-fee, fixed-price agreement as follows: Deliverables Task 1: Task 2: Create Preliminary Project Revise Draft Plan based on Initial Flood WMP and Modeling and Submit Draft Submit WMP Completed Due: WMP 06 11 months after POP date Due: U) U) 12 months after Total U) POP date U) Deliverable Deliverables Value Monroe County $46,750.00 $114,375.00 $161,125.00 City of Key Colony Beach $47,500.00 $94,125.00 $141,625.00 City of Marathon $137,800.00 $111,625.00 $249,425.00 > City of Layton $47,500.00 $94,125.00 $141,625.00 Totals: $279,550.00 $414,250.00 $693,800.00 Financial Consequences for Non-Performance: The failure to provide the Division with the required deliverables within the stated timelines shall result in a penalty of 5 %of the determined deliverable amount for each late deliverable. Penalty may be waived based upon reasonable explanation with documentation by Sub-Recipient. E Should the Sub-Recipient determine that there are significant barriers to conduct any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectations upon a formal request from the Sub-Recipient. If the Sub-Recipient fails to comply with any terms of the agreement, the Division shall take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; E 3. Wholly or partially suspend or terminate the current agreement for the Sub-Recipient's project; 4. Withhold further agreements for the project; or 5. Take other actions that are legally allowed. Schedule of Work E c� Task(s) Number of Months to Complete Packet Pg. 2297 P.5.b Field work and data collection for structures (Task 1) 3 Initial Flood Modeling Task 1 6 Preliminary Project Plan Task 1 2 Revise Draft WMP and Submit Completed WMP &CRS Plan (Task 2) 12 Total Period of Performance (maximum of 12 months): 12 Total Period of Performance The Period of Performance for this project begins on the date of execution of the subgrant 0 agreement by both parties and ends 12 months later, but no later than September 30, 2023. U Budget: Cost Item Project Cost Federal Share Non-Federal Share Personnel Fringe Benefits Travel Equipment Supplies Contractual $693,800.00 $520,350.00 $173,450.00 06 cn Other U) 0 Project Total: $693,800.00 $520,350.00 $173,450.00 Funding Summary Totals Federal Share Non-Federal Total Project Cost Item 75% Share 25% Cost Monroe County $120,843.75 $40,281.25 $161,125.00 City of Key Colony Beach $106,218.75 $35,406.25 $141,625.00 City of Marathon $187,068.75 $62,356.25 $249,425.00 City of Layton $106,218.75 $35,406.25 $141,625.00 E Totals: $520,350.00 $173,450.00 U E c� E c� Packet Pg. 2298 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: JA Monroe County Vulnerability Assessment Update and Compliance 22PLN66 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Entity Type: Local Government U Grantee Address: 500 Whitehead Street, Key West, Florida 33040 FEID: 59-6000749 (Grantee) 3.Agreement Begin Date: Date of Expiration: CL 7/1/2021 6/30/2024 E J Oect Location 4. ProjectNumber: Pros ' Monroe County 'a (If clifferent from Agreement Number) d2 Project Description: The project will update the Vulnerability Assessment pursuant to Section 380.093,Florida Statutes for Monroe County. ap 5. Total Amount of Funding: Funding Source? Award 4s or Line Item Appropriations: Amount per Source s $139,350.00 0 State ❑Federal FY21-22 GAA 1707A $ 139,350.00 ❑ State ❑Federal $ U) ❑ Grantee Match $ Total Amount of Funding+Grantee Match,if any: $ 139,350.00 6. Department's Grant Manager Grantee's Grant Manager Name: George Frisby Name: Rhonda Haag or successor or successor Address: Resilient Florida Program Address: Monroe County Board of County Commission > 2600 Blair Stone Road,MS235 102050 Overseas Highway,Suite 246 Tallahassee,Florida 32399 Key Largo,Florida 33040-3110 Phone: 850-245-8332 Phone: 305-453-8774 Email: George.Frisby@FloridaDEP.gov Email: haag-rhonda@monroecounty-f.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Y Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Y Attachment 2: Special Terms and Conditions Y Attachment 3: Grant Work Plan 2 Y Attachment 4:Public Records Requirements Y Attachment 5: Special Audit Requirements ®a Y Attachment 6:Program-Specific Requirements � ❑ Attachment 7: Grant Award Terms(Federal)*Copy available athttps://facts.fldfs.com,in accordance with§215.985,F.S. N ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): Y Exhibit A: Progress Report Form ❑ Exhibit B:Property Reporting Form Y Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements E ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 Y Additional Exhibits(if necessary):Exhibit F:Final Report Form,Exhibit G:Photographer Release Form,Exhibit H:Contractual Services Certification,Exhibit I: Vulnerability Assessment Compliance Checklist Certification DEP Agreement No. 22PLN66 Packet Pg. 2299 P.5.c _.. ..... .. ... _ .... _......_ _ and is id accordance with .. ... 2CFR2003311a)r1l j. �� The Pa711cawrrri information al��Les t�Federal Grants crrul� �. identified rsr F'ederral,Award Identi�ication Number(s)(FAIN),: Federal Award.Date to Department: Total Federal Funds Obla ated by this Agreement: Federal A wardira Allnc rr7 _ ._. ._______________________ _______._.-_________ ______—____ _ o, �,,,�,,,�,,,�,,,,,,,,,,,,,,..,,,�,, � LAward R&D? ❑ Yes ❑N/A � IN WITNESS WHEREOF,this Agreement shall he effective on the date indicated by the Agreement Begin Date above or the � last date s.grred below.,whichever is later, Monroe County " ,I�1ltAI'ilf f Illr hest ICevrrt Iriadcrk,clerk 0 23 o , By _ __ __o__ _._ ,. °t 1 � (Authorriz f Si r:rxta�s } � e Signed As Depu lerk Mayor Craig Cates 5� , � � �rJ,„r Elizabeth YongLIC �3 Print Mane and Title of Person Sr bnara State of Florida Dsport Brat of Environmental Protection DEPARTMENT � By rr , 2/9/2023 06 r6 Secretary or T�esignee Date Signed rr7 Alert Reed,Directorof the Office ofResilience and Coastal Protection U) ..................... Print Name and Title of Person Si°rtin W 0 Additional signatures attached on separate page. Approved as to.forna and legal.sufficiency: Monroe County Attorney°s Office :1.1-29-2022 �M 0 C14 c1u c1u cr E cr TIED Agreement]"has. 2 1':1.N66 1-11 Packet Pg. 2300 P.5.c ORCP Additional Signatures 7 nE 7777 Frisby C � a t � ._w. 0 l C Reviewer,JerTn . erre', E E L cap Sponsor may add additional signatures if needed below. 06 � U) U) 0) U) U) 0 0 CL C14 c14 cN E c� E c� Packet Pg. 2301 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), 0 constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior U agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the 0 order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement 06 b. All approvals,written or verbal, and other written communication among the parties,including all notices,shall U) be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U) U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected U) 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 > order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement a 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 0 as last approved by Department. A change order to this Agreement may be used when: c (1)task timelines within the current authorized Agreement period change; W (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work W Z Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current 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. as e. All days in this Agreement are calendar days unless otherwise specified. E 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of12 Rev. 11/14/2022 Packet Pg. 2302 P.5.c 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 A 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. 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 0 workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not U knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, .2 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 0 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 0 the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain 06 outstanding,within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the U) deliverables within 30 days of receipt,they will be deemed rejected. U) b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant U) 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 0 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. 0 7. Financial Consequences for Nonperformance. a a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. 0 b. Invoice reduction If Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1% for each c day the deadline is missed,unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified Z timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies � in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. 1 i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the E 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 Attachment 1 2of12 Rev. 11/14/2022 Packet Pg. 2303 P.5.c require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement A 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 C performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. 0 a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable U 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.). CL b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or �y 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 0 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 amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of 06 this Project are the responsibility of Grantee. U) d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs U) upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. U) 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: h(( s://www.na floridacfo.cony/Division/AA/Mc naac ls/docant�enIs/R.eferenceQ aid efor` laIeEx)endilaares.)df. � e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department > pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in a 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 Agreement. 0 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 e 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 Z 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: CN floridacfb.com/Division/A.A/Vendors/def'atill.hiiii. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must a be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled E 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. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. a� If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3of12 Rev. 11/14/2022 Packet Pg. 2304 P.5.c a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. JA b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates C 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. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be 0 substantiated by copies of invoices with backup documentation identical to that required from Grantee. U Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate C per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, .2 and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such 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 $5,000 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 of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its 06 subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. U) i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may U) award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the U) work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall > request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of a Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's 0 approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, > F.S. 0 e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific c approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies � of invoices or receipts to document charges. 1 g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of E receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4 of 12 Rev. 11/14/2022 Packet Pg. 2305 P.5.c 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, C 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 period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly 0 reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March U 31, June 30, September 30 and December 31. The Department will review the required reports submitted by C Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. as b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not 06 limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work U) was actually performed. The Department shall provide written notification to Grantee of the failure to perform U) that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe U) 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 0 Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to 0 make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. > c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation 0 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 c Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any CL 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 1 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 the Department of Environmental Protection,its employees,and officers as an additional covered party E 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 a� 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. Attachment 1 5of12 Rev. 11/14/2022 Packet Pg. 2306 P.5.c b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described 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 A the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement 0 not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for U that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. CL d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it 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. 0 e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant 06 Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as U) necessary to complete the transition or continued portion of the Agreement,if any. U) 14. Notice of Default. U) 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 0 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- a exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department > of such,made by the Grantee in this Agreement or in its application for funding; 0 c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; c d. Failure to honor any term of the Agreement; W e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking W Z the certificate of authority granted to the Grantee by a state or other licensing authority; CL f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to � any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; as h. Failure to maintain the insurance required by this Agreement; E i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6 of 12 Rev. 11/14/2022 Packet Pg. 2307 P.5.c iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work, JA 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 2 of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is 0 terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice t3 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional a compensation. L 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably 06 foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE U) FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT U) TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No U) 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 a to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to 0 and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, 0 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 c 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 Z or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. C14 b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon 1 Department giving Grantee:(1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made E 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 a� 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. Attachment 1 7of12 Rev. 11/14/2022 Packet Pg. 2308 P.5.c d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, JA 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 C no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. 0 Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this U Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its C remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 06 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized U) aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible U) for including this provision in all subcontracts with private organizations issued as a result of this Agreement. U) b. Pursuant to Sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list ;E following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract a� to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may > not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public a entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies 0 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 c business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator Z vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; � may not submit a bid,proposal,or reply on any contract with a public entity for the construction or 1 repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, 0 subcontractor,or consultant under a contract with a public entity;and may not transact new business E with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. Attachment 1 8of12 Rev. 11/14/2022 Packet Pg. 2309 P.5.c 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. C 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. 0 c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. U d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this 0 Agreement. 24. Build America,Buy America Act(BABA)-Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. 06 If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for U) infrastructure are required to comply with the Build America,Buy America Act(BABA),including the U) following provisions: U) a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard for determining the minimum amount of > domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials,and supplies that are consumed in,incorporated into,or affixed to an infrastructure project.As such,it does not apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,such as movable chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. c 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 W option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Z 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 ee" Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector c14 List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to a� Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. E 26. 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 < Attachment 1 9of12 Rev. 11/14/2022 Packet Pg. 2310 P.5.c 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. A 27. 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 C the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow 0 access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized U 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 CL 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: hlt::�://dos.m Ilorida.com/lik�r� archives/records m�na xement/xeneralrecords sclaedu�les '� a� 28. 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 06 requirement,in writing,on its sub-grantees and/or subcontractors,respectively. U) 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 U) by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; 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 > 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 0 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 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal 0 financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the c form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form W number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: W Z 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 1 the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, E 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 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, shall establish a system to provide adequate fund accountability for each project it has been awarded. Attachment 1 10 of 12 Rev. 11/14/2022 Packet Pg. 2311 P.5.c 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 JA 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 C original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. C ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by 0 Department, from another source(s), Grantee shall reimburse Department for all recovered funds U 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 CL made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do 0 not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. 0 0 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. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 06 31. Subcontracting. U) a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed U) solely by Grantee. U) b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. 0 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 a any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred 0 under any subcontract. a e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. 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 0 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 c the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products Z or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery CL schedule. C14 32. Guarantee of Parent Company. 1 If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new E parent company guarantee all of the obligations of Grantee. 33. 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 a� public records,shall survive termination,cancellation,or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Attachment 1 11 of 12 Rev. 11/14/2022 Packet Pg. 2312 P.5.c 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. A 35. 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. C 36. 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 U Agreement must comply with all security and administrative requirements of Department and shall comply with all C controlling laws and regulations relevant to the services they are providing under the Agreement. 2 CL 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under 0 any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, 06 annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the U) Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for U) the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash U) equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, > each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have a the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly 0 authorized to do so and to bind the respective party to the Agreement. 0 0 W W CL N cN c� E c� Attachment 1 12 of 12 Rev. 11/14/2022 Packet Pg. 2313 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions A AGREEMENT NO.22PLN66 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 0 U 1. Scope of Work. 9= The Project funded under this Agreement is Monroe County Vulnerability Assessment Update and Compliance.The L Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are extensions available for this Project. c. Service Periods.Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 06 3. Payment Provisions. U) a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this 0 Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: > Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment c ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition Z 5. Equipment Purchase. � No Equipment purchases shall be funded under this Agreement. c� 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements E 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 Attachment 2 1 of 3 Rev.10/11/2022 Packet Pg. 2314 P.5.c maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the A laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. a The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each 0 occurrence and$500,000 policy aggregate. U 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 Department,its employees,and officers shall �y be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer 06 liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 U) policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. 0 d. Other Insurance.None. d 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. � No retainage is required under this Agreement. > 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. 0 The work will not be performed on State-owned land. r. 0 13. Office of Policy and Budget Reporting. W There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. cv c14 a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business 1 transports people of commodities from place to place. If applicable,Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 0 908.111(1)(a),Florida Statutes,the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier—Before contract execution,the winning Contractor(s) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 Attachment 2 2of3 Rev.10/11/2022 Packet Pg. 2315 P.5.c 15. Additional Terms. Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed A C by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). 0 Sea Level Impact Projection Study Requirement.If the project is within the designated area,pursuant to Section 161.551,F.S. and Chapter 62S-7,Florida Administrative Code,the Grantee is responsible for performing a Sea Level Impact Projection(SLIP)study and submitting the resulting report to the Department.The SLIP study report must be received by the Department,approved by the Department,and be published on the Department's website for at least thirty(30)days before construction can commence.This rule went into effect July 1,2021,and applies to certain state-funded construction projects located in the coastal building zone as defined in the rule. a� 06 U) U) 0 U) U) N N N c� E c� Attachment 2 3of3 Rev.10/11/2022 Packet Pg. 2316 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22PLN66 ATTACHMENT 3 PROJECT TITLE: Monroe County Vulnerability Assessment Update and Compliance 0 U PROJECT LOCATION: The Project is located within Monroe County, Florida. PROJECT DESCRIPTION: ° Monroe County (Grantee) will complete the Monroe County Vulnerability Assessment Update and 0 Compliance Project (Project) to update the existing Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.). The Project will include the National Oceanic and Atmospheric Administration(NOAA)intermediate low sea level rise projections as well as incorporate the critical assets owned or managed by the County. TASKS AND DELIVERABLES: 06 U) 0 Task 1: Public Outreach Meetings U) Description: The Grantee will conduct at least two public outreach meetings during the project. The purpose of the first meeting is to inform the public about the data collection stage. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. The Grantee will conduct a second public meeting to present the results > from the exposure analysis, sensitivity analysis, and draft VA. The purpose of the second meeting is to allow the public to provide community-specific input on the results of the analyses and to reconsider methodologies and assumptions used in the analysis for refinement. The Grantee will prepare all social media notifications, meeting invitations, meeting materials,presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: 1) meeting agendas to include location, date, and time of meeting; 2) meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder, 0- resident, steering committee member, local government staff); 3) a copy of the presentation(s) and any � materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable; 4) a copy of the file or weblink of the video or audio recording from the meeting, if applicable; and 5) a summary report including attendee input and meeting outcomes, 0- to include defining focus areas recommended by the community. � cN Task 2: Final Vulnerability Assessment Description: The Grantee will research and compile the data needed to perform the VA, based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a < VA: 1)critical and regionally significant asset inventory,2)topographic data, and 3) flood scenario-related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs E 380.093(2)(a) 1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Sea level rise projection data shall include the 2017 NOAA intermediate-high and intermediate-low projections DEP Agreement No.:22PLN66 Page 1 of 3 Rev.2.11.22 Packet Pg. 2317 P.5.c for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low- quality information may limit the VA's extent or reduce the accuracy of the results. The Grantee shall rectify any gaps of necessary data. The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, C storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets t0 shall include the following data: tidal flooding, current and future storm surge flooding, rainfall-induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards used for the M exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply �? the data from the exposure analysis to the inventory of critical assets created through the Exposure Analysis. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset type and at each flood scenario and assign a risk level based on percentages of land area inundated and number of � critical assets affected. 0) U) U) The Grantee will finalize the VA report pursuant to the requirements in s. 380.093, F.S. and based upon internal comments and outreach efforts. The final VA must include all results from the exposure and sensitivity analyses,as well as a summary of identified risks.It should contain a list of critical and regionally significant assets that are impacted by flooding and sea-level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida > Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. a� Deliverables: The Grantee will provide the following: 1) GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a) 1-4, F.S.; 2) GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers; 3) a final list of critical and regionally significant assets that 0 are impacted by flooding, which must be prioritized by area or immediate need and must identify which flood scenario(s)impacts each asset;4)Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily-required scenarios and standards in s. Z 380.093, F.S. The Final VA Report should also include the following: outline the data compiled and the findings of the gap analysis with recommendations to address the identified data gaps and any actions taken N to rectify them if applicable; and provide details on the modeling process, type of models utilized, and cN resulting tables and maps illustrating flood depths for each flood scenario; and 5) a signed VA Compliance Checklist Certification. c� Task 3: Proiect Administration Description: The Grantee will perform project administration, to include project scope of work determination, planning and development of proposed pro*ect(s), consultant direction and oversight E meetings for overall project coordination and supervision. DEP Agreement No.:22PLN66 Page 2 of 3 Rev.2.11.22 Packet Pg. 2318 P.5.c Deliverables: The Grantee will submit project administration and management reports signed by the Grantee's Grant Manager,to include a summary of project administration activities,proposed project scopes of work, and meeting minutes with planning professionals and contractors, as applicable. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Grantee must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for 0 a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the U specifications in the Grant Work Plan and the task description,to include any work being performed by any subcontractor(s). Upon review and written acceptance by the Department's Grant Manager of deliverables 0- under the task, the Grantee may proceed with payment request submittal. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed and/or submitted to the Department in a timely manner. U) PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and U) Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently than quarterly and must be made using Exhibit A, detailing all work progress made during that payment request period,and Exhibit C. Upon the Department's receipt of Exhibit A and C,along with all supporting fiscal documentation and deliverables,the Department's Grant Manager will have ten(10)working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Budget DEP Match Total Task Start Task Due No. Task Title Category Amount Amount Amount Date Date Public Outreach Contractual c 1 Meetings Services $17,100 $0 $17,100 7/l/2021 3/31/2024 Final Vulnerability Contractual z 2 Assessment Services $118,250 $0 $118,250 7/l/2021 3/31/2024 N Project Contractual N 3 Administration Services $4,000 $0 $4,000 7/l/2021 3/31/2024 CN Total: $139,350 $0 $139,350 c� c� DEP Agreement No.:22PLN66 Page 3 of 3 Rev.2.11.22 Packet Pg. 2319 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 n� 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(l), F.S. U b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records 9= 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(l)(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. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to 06 penalties under section 119.10, F.S. U) d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor 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 formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S 0 CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: Li llic.servic sC )t"Iloridad �).,ov N 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 1ofl Rev.4/27/2018 Packet Pg. 2320 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he U referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. CL MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By 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 06 additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees U) to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief 0 Financial Officer(CFO)or Auditor General. AUDITS PART L•FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR > §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this 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 a� guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in 0 accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. a 2 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. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit � conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the c14 recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted a 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 must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the intemetathl.q)s://span xov/consenl/assist:ancc listinxs. c� Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 2321 P.5.c PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the 9= 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. 0 EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental U Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received CL from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 06 U) 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending U) June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, U) Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost 0 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),arecipient should access > the Florida Single Audit Act website located at la;lt:ii s://a Ls.fldfs.com/fs as for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at a h(t;;:�://www lc stcl;;(c f1 a�� cicorfl;c/index„cfrt State of Florida's website at I�.tu:L://www.myflorida.com/, 0 Department of Financial Services Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aud�cn/. � PART III: OTHER AUDIT REQUIREMENTS > 0) (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity 91=_ that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws 0 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 Z in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for CL funding the full cost of such additional audits.) � PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit E 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 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 11/8/2022 Packet Pg. 2322 P.5.c By Mail: Federal Audit Clearinghouse A Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 a Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, a 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can 0 be found at hlt:p:)://h rvest:er.census.;ov/facweb/ U 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on L behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: � Audit Director a� Florida Department of Environmental Protection Office of Inspector General,MS 40 06 3900 Commonwealth Boulevard U) Tallahassee,Florida 32399-3000 U) a) U) U) Electronically: EI LESh!pleAaada( d%d n.sta(e.Il:aas B. The Auditor General's Office at the following address: a� Auditor General > Local Government Audits/342 Claude Pepper Building,Room 401 I I I West Madison Street as Tallahassee,Florida 32399-1450 The Auditor General's website Qq.1.//flaazdil:or.g,r,v..)provides instructions for filing an electronic copy of a financial reporting package. 0 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: e By Mail: Audit Director Z Florida Department of Environmental Protection Office of Inspector General,MS 40 � 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: E EI LESh! leAaada( dd a.sta(e.Il:aas 4. Any reports, management letters, or other information required to be submitted to the Department of . 4i. Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR a� 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 2323 P.5.c 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 A indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION 0 The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this U Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon L request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. 06 U) U) 0 U) U) CL c� c� c� E c� Attachment 5 4of6 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 2324 P.5.c `Z ° o o °`r I C7 � 06 a w ° des O w H a H U) 5 > Qj a H 4.1 4.1 CL CN W o GJ U U N C i•-i ay i•-i W0 ' O iti iti CN CN � 7C Q p 3 w w o o cis s U U o o Packet Pg. 2325 U) bo 1A Z5 'g Aj (D -z o 4 E Jll! bo Z -z z: bo z" 06 U) bo cz U) C,5 U) bp bp wo —Z-4, U) Z4, 0 PLO Qj Qj Qj E Qj 5 Qj Z Z boo CIA u z Qj .Qj z z Qj Qj bj� 'Zt CN bj� bL I— C14 U cj > C14 7; 7; E bo to to E bi) n, un z Packet Pg. 2326 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM-SPECIFIC REQUIREMENTS ° RESILIENT FLORIDA PROGRAM ATTACHMENT 6 1. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state,or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary U permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal, state, or local laws. Further,the Grantee shall abide by all terms and conditions of each applicable Permit for any grant-fnded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. E 2. Ineligibility. If the Grantee fails to perform in accordance with the terms and conditions set forth in this 0 Agreement;Attachment 3 (Grant Work Plan),and all other applicable attachments and exhibits,the Grantee shall be ineligible to be considered for funding under the Resilient Florida Program for two (2)consecutive funding cycles. The Department shall make its determination of ineligibility within thirty (30)days of this Agreement's end date and notify the Grantee in writing if determined ineligible. If the failure to perform in 06 accordance with the terms and conditions set forth in this Agreement is due to the Grantee's contractor or U) subcontractor(s), then the Grantee should submit that documentation in writing to the Department's Grant U) Manager. 3. Additional Documentation for Contractual Costs.In addition to the documentation requirements in paragraph 11 of Attachment 2 (Subcontracting), and in paragraph 9.c. of Attachment 1 (Contractual Costs (Subcontractors)), Grantee shall provide the following for all subcontractual agreements that the Grantee executes for this project: > a. A valid link or documentation that outlines their entity's procurement processes as required in Attachment 1,paragraph 9.c;and b. A certification statement signed by the Grantee's designated grant manager indicating the procurement process that was utilized per their entities' policies and procedures for all subcontractors. The certification must include a listing of all subcontractor quotes/bids amounts, along with the company 0 name, address, and the details of how and why they made their determinations for those subcontractors that were selected and utilized for this Agreement. 0 4. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the c Department should be submitted electronically and must be compliant with the Americans with Disabilities 2 Act,also known as"508 Compliant,"in all formats provided. Z 5. 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: 1 a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 6. Grant funds may not be used to support ongoing efforts to comply with legal requirements,including permit conditions,mitigation,and settlement agreements. E 7. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings(unless otherwise required under the special terms of this Agreement),Grantee agrees to include the Department's logo(which Rev.2.11.22 Attachment 6 Page 1 of 2 Packet Pg. 2327 P.5.c can be found on the Department's website at:hI;I.. s:///flo ..:,v or by contacting the Grant Manager for a copy)on all publications,printed reports,maps,audiovisuals(including videos, slides,and websites), and JA similar materials,as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. 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." U The next printed line must identify the month and year of the publication. i2 8. Final Project Report.The Grantee shall submit Exhibit F,Final Project Report Form,prior to requesting final CL payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in E instances where the next quarterly report falls after the project's completion date. 06 U) U) 0 U) U) CL N N c� 4i E c� Rev.2.11.22 Attachment 6 Page 2 of 2 Packet Pg. 2328 P.5.c DEPARTMENT OF ENVIRONMENTAL PROTECTION Resilient Florida Program Progress Report Form Exhibit A DEP Agreement No.: 22PLN66 Project Title: Monroe County Vulnerability Assessment Update and U Compliance Grantee Name: Monroe County 0- Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: MM/DD/YYYY—MM/DD/YYYY a� INSTRUCTIONS: Provide the following information for all tasks and deliverables identified in Attachment 3, Grant Work Plan: Description of the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, proposed work for the next reporting period, and percentage of the work that has been completed to date. 06 NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. U) 0 U) U) The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 2: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 3: Progress for this reporting period: > 0 Identify any delays or problems encountered: 0- Percentage of task completed: 0 Task 4: Progress for this reporting period: ®' Identify any delays or problems encountered: N Percentage of task completed: N This report is submitted in accordance with the reporting requirements of the above DEP Agreement No. and accurately reflects the activities associated with the project. d E Signature of Grantee's Grant Manager(or successor) Date Exhibit A,DEP Agreement#:22PLN66 loft 11/17/2021 Packet Pg. 2329 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be c U submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. haps://fonclade /F esplpent..-Fjorpda..-Pro Barn/Grants E 06 U) U) 0 U) 0 0 N N N c� E c� Exhibit C,Page 1 of 1 Rev. 12/02/19 Packet Pg. 2330 P.5.c EXHIBIT F DEP AGREEMENT NO.22PLN66 MONROE COUNTY VULNERABILITY ASSESSMENT UPDATE AND COMPLIANCE 0 Monroe County U a Final Project Report U) U) rAL > Insert Month&Year 0 0 CL C14 c14 c14 This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. U CU 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. E c� Exhibit F,DEP Agreement#22PLN66 Page 1 5/12/2022 Packet Pg. 2331 P.5.c Part L Executive Summary nE Part IL Methodology Part III.Outcome 0 Include evaluation ofproject's ability to meet goals and expected performance measures and provide explanation for U why goals were not met, if applicable.Identify successful outcomes, areas for improvement, and quantifiable metrics as a result of the project. CL Part IV.Further Recommendations a� 06 U) U) 0 U) U) Instructions for completing Attachment F Final Project Report Form: DEP AGREEMENT NO.:This is the number on your grant agreement. a� GRANTEE NAME: Enter the name of the grantee's agency. 0 a 0 PROJECT TITLE:Enter the title shown on the first page of the grant agreement. W MONTH&YEAR:Enter month and year of publication z The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and � Further Recommendations. The Final Project Report must comply with the publication requirements in the grant I agreement.Please limit the final project report to no more than five(5)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 0 Project Report. a Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. E c� Exhibit F,DEP Agreement#22PLN66 Page 2 5/12/2022 Packet Pg. 2332 P.5.c )EPAP, Florida Department of Environmental Protection 4yC1 F�' w° EXHIBIT G �M � /� PHOTOGRAPHER RELEASE FORM brAE FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS nE DEP AGREEMENT NO: 22PLN66 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: 0 U Address: i2 City: State: Zip: CL CL 0 Phone Number: ( ) Email: License and Indemnification I certify that I am the owner of the photograph(s),video(s),audio recording(s)and/or artwork(s)being submitted and am eighteen(18)years of age or older. 06 I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to U) distribute,publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith(the U) "Work")to promote the Florida Department of Environmental Protection.Uses may include,but are not limited to: 1. Promotion of FDEP (including,but limited to publications,websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate > by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work,and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release,hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in a connection with the Florida Department of Environmental Protection's use of the Work. This release and c 2 indemnification shall be binding upon me,and my heirs,executors,administrators and assigns. z I have read and understand the terms of this release. C14 Owner signature: Date: c°" Photo/video/audio/artwork/recording file name(s): �E c� Location of photo/video/audio recording/artwork: Name of person accepting Work submission E c� Exhibit G,DEP Agreement#: 22PLN66 11/19/2021 Page 1 of 1 Packet Pg. 2333 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 7 RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. 0 U DEP Agreement Number: 22PLN66 Project Title: Monroe County Vulnerability Assessment Update and Compliance E Grantee: Monroe County Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida 06 Grant Program grant agreement: U) 0 U) 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager a currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also 2 certify that the procurement process the Grantee utilized follows all of said Grantee's non- Departmental policies and procedures for subcontractors. N N N Grantee's Grant Manager Signature c� Print Name Date c� Packet Pg. 2334 P.5.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 7 RESILIENT FLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I Required for all grant agreements. U DEP Agreement Number. 22PLN66 PTO ect Title: Monroe County Vulnerability Assessment Update and Compliance E �9 Grantee: Monroe County By signing this Vulnerability Assessment Compliance Checklist Certification (hereinafter "Checklist Certification") the Grantee certifies that, upon execution of the Agreement, it will have reviewed the 06 statutory requirements for vulnerability assessments in subsection 380.093(3), F.S., and provided this U) signed Checklist Certification to the Department,which gives the Department of Environmental Protection U) (Department)partial assurance that any and all vulnerability assessments the Grantee may utilize for its individual project will adhere to the relevant statutory requirements in subsection 380.093(3), F.S., regardless of the parry actually completing the work(e.g., subcontractors). To give the Department the remaining assurance it requires, the Grantee also certifies that it will deliver a fully completed and signed Vulnerability Assessment Compliance Checklist to the Department,in the form > included in this exhibit, at a yet-to-be-determined time mutually agreed upon by both parties to this Agreement but prior to close out of the Grantee's individual project. The completed Vulnerability Assessment Compliance Checklist and this Checklist Certification will be joined and attached to the Agreement together as a single "Exhibit I." By signing below, I certify on behalf of the Grantee that the Grantee or its designee(s)will have reviewed > the statutory requirements in subsection 380.093(3), F.S., prior to execution of the Agreement. I further 0 certify on behalf of the Grantee that,prior to close out of the grant,either myself or the Grantee's designated 0 grant manager will provide to the Department a Vulnerability Assessment Compliance Checklist form that has been fully completed in the manner described in this Checklist Certification. CIL CN cN Grantee's Grant Manager Signature 1 Print Name Date E E c� Exhibit I 1 of 4 Rev. 6/l/2022 Packet Pg. 2335 P.5.c VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST In accordance with subsection 380.093(3),F.S.,the following components,scenarios,data,and information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable,pursuant to Attachment 3, Grant Work Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida Program webpage at the link below: I apt :��fIC'Nri(Ia (, 17,., ,CNv llC;f7 ll�. II crit �CN`I�� Y f17`CN Yll YIYY ;,�NCIVIYY ;Yb� I„I�Yb� 1,or-j �aY;;.l7 01jj!YY,, ;I`� dal�ai::'. U standards Part 1—Subparagraph 380.093(3)(c)2.,F.S. Page Reference Item Check if Item Description in VA Report ID Included if applicable) Final Vulnerability Assessment Report that provides details on a ❑ the results and conclusions,including illustrations via maps and tables. 06 All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the Department's GIS Data Standards and include the following three(3) items: b 0 Geospatial data in an electronic file format. c ❑ GIS metadata. List of critical assets for each jurisdiction including regionally 0 d ❑ significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and > must identify which flood scenario(s) impacts each asset Part 2—Subparagraphs 380.093(3)(d)l. and 380.093(3)(d)2.,F.S. Page Reference Item Check if Item Description in VA Report ID Included (if applicable) Peril of Flood Compliance Plan amendments developed that e ❑ address paragraph 163.3178(2)(f), F.S.,if applicable. ❑ Not applicable ❑ Already in compliance c f ❑ Depth of tidal flooding, including future high tide flooding, using thresholds published and provided by the Department. To the extent practicable, analysis geographically displays the 0- 9 ❑ number of tidal flood days expected for each scenario and c� planning horizon. (optional) N Depth of current and future storm surge flooding using publicly 0 h ❑ available NOAA or FEMA storm surge data. (check one) E ❑NOAA data ❑ FEMA data i Initial storm surge event equals or exceeds current 100-year flood event. Higher frequency storm analyzed for exposure of a critical asset. �E J ❑ (optional, but must provide additional detail if included) Exhibit I 2of4 Rev. 6/1/2022 Packet Pg. 2336 P.5.c To the extent practicable, rainfall-induced flooding was k ❑ considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if item e is not applicable) 1 ❑ Future boundary conditions have been modified to consider sea level rise and high tide conditions. (optional) Depth of rainfall-induced flooding for 100-year storm and 500- m ❑ year storm event. (required if item e is not applicable) 0 c To the extent practicable, compound flooding or the U n ❑ combination of tidal,storm surge,and rainfall-induced flooding. (optional) Part 3—Subparagraph 380.093(3)(d)3.,F.S. Page Reference Item Check if ID Included Item Description in VA Report (if applicable) All analyses performed in North American Vertical Datum of ° ❑ 1988. 06 Includes at least two local sea level rise scenarios, which must U) p ❑ include the 2017 NOAA intermediate-low and intermediate- high sea level rise prQjections. Includes at least two planning horizons, which must include q ❑ ears 2040 and 2070. Utilizes local sea level data that has been interpolated between r ❑ the two closest NOAA tide gauges. Local, publicly available, sea level data was taken from one of s ❑ the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level (i so, provide Department approval). Identify the Florida municipalities that are included in this Vulnerability Assessment: 0 0 CN cN cN c� E c� Exhibit I 3 of 4 Rev. 6/1/2022 Packet Pg. 2337 P.5.c nE 0 U I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature 06 U) U) 0 U) Print Name U) Date a� 0 0 CL CN cN cN E c� E c� Exhibit I 4of4 Rev. 6/I/2022 Packet Pg. 2338 P.5.d AMENDMENT NO. 1 TO AGREEMENT NO.22PLN66 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY ° This Amendment to Agreement No.22PLN66(Agreement)is made by and between the Department of Environmental Protection(Department), an agency of the State of Florida, and Monroe County (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Vulnerability 0 Assessment Update and Compliance(Project), effective February 9,2023; and, WHEREAS, $75,000 in additional funding for this Project is provided under Line Item 41707A of the 2021-2022 General Appropriations Act; and the total funding for this Agreement is now$214,350; and, WHEREAS,the reimbursement period for the additional$75,000 in funding provided under Line Item 41707A of the 2021-2022 General Appropriations Act begins on July 1,2021; and, U) WHEREAS,the parties have agreed to an update to Attachment 3,Grant Work Plan,to include a revision to the scope of work and a reallocation of the budget for the Project; and, 06 WHEREAS,the Department has requested an update to Attachment 2, Special Terms and Conditions;Attachment 5, U) Special Audit Requirements;Attachment 6,Program-Specific Requirements;and Exhibit I,Vulnerability Assessment 0 Compliance Checklist Certification. U) NOW THEREFORE,the Department and Grantee hereby agree as follows: 1. Section 5. of the Standard Grant Agreement is hereby revised to the following: Total Amount Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): > of Funding: 0 State ❑ Federal FY21-22 GAA Line 41707A $214,350.00 ❑ State ❑ Federal $214,350.00 ❑ State ❑ Federal ❑ State ❑ Federal , ❑ State ❑ Federal z ElGrantee Match CL CL CN Total Amount of Funding+Grantee Match,if any: $214,350.00 c14 M c14 2. Section 6. of the Standard Grant Agreement is hereby revised to the following: Department's Grant Manager Name: Katharine Hoover Address:Resilient Florida Program 2600 Blair Stone Road,MS235 E E Tallahassee,FL 32399 Phone: 850-245-7533 Email Katharine.L.Hoover(a,FloridaDEP.gov DEP Agreement No.22PLN66,Amendment No. 1,Page 1 of 3 Packet Pg. 2339 P.5.d 3. Attachment 2, Special Terms and Conditions,is hereby deleted in its entirety and replaced with Attachment 2-A,Revised Special Terms and Conditions,as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms and Conditions. 4. Attachment 3,Grant Work Plan,is hereby deleted in its entirety and replaced with Attachment 3-A,Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A,Revised Grant Work Plan. 5. Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5-A,Revised Special Audit Requirements,attached hereto and made a part of the Agreement.All references in the Agreement to Attachment 5, shall hereinafter refer to Attachment 5-A, Revised Special Audit 0 U Requirements. 6. Attachment 6,Program-Specific Requirements,is hereby deleted in its entirety and replaced with Attachment CL 6-A, Revised Program-Specific Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 6, shall hereinafter refer to Attachment 6-A,Revised Program- 0 Specific Requirements. 7. Exhibit I,Vulnerability Assessment Compliance Checklist Certification,is hereby deleted in its entirety and U) replaced with Exhibit I-1,Revised Vulnerability Assessment Compliance Checklist Certification,as attached hereto and made a part of the Agreement.All references in the Agreement to Exhibit I,shall hereinafter refer to Exhibit I-1,Revised Vulnerability Assessment Compliance Checklist Certification. 06 U) 8. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. U) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK a� N N N c� E c� DEP Agreement No.22PLN66,Amendment No. 1,Page 2 of 3 Packet Pg. 2340 P.5.d The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. MONROE COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION nE By: By: Authorized Signature Secretary or Designee Craig Cates,Mayor Alex Reed,Director 0 Print Name and Title Print Name and Title Date: Date: 0 Katharine Hoover,DEP Grant Manager U) 06 U) List of attachments/exhibits included as part of this Amendment: U) Specify Type Letter/Number Description Attachment 2-A Revised Special Terms and Conditions Attachment 3-A Revised Grant Work Plan Attachment 5-A Revised Special Audit Requirements Attachment 6-A Revised Program-Specific Requirements Exhibit I-1 Revised Vulnerability Assessment Compliance Certification > Checklist N N N c� E c� DEP Agreement No.22PLN66,Amendment No. 1,Page 3 of 3 Packet Pg. 2341 P.5.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO.22PLN66 ATTACHMENT 2-A ° These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Vulnerability Assessment Update and Compliance.The 0 Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions.There are extensions available for this Project. 0 c. Service Periods.Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. U) 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. 06 b. Invoicing.Invoicing will occur as indicated in Attachment 3. U) c. Advance Pa. Advance Pay is not authorized under this Agreement. 0 U) 4. Cost Eligible for Reimbursement or Matching Requirements. >% Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages > Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment Z ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses cv c14 ❑ ❑ Land Acquisition c14 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. c� 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 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 Attachment 2-A 1 of 2 Rev.10/11/2022 Packet Pg. 2342 P.5.d maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may 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: JA a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile 0 liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable 0 $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer U) liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 06 U) U) 9. Quality Assurance Requirements. U) There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's > Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. Z CL 13. Office of Policy and Budget Reporting. � There are no special Office of Policy and Budget reporting requirements for this Agreement. a0 c14 14. Additional Terms. Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). E c� Attachment 2-A 2of2 Rev.10/11/2022 Packet Pg. 2343 P.5.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED GRANT WORK PLAN AGREEMENT NO.22PLN66 ATTACHMENT 3-A PROJECT TITLE: Monroe County Vulnerability Assessment Update and Compliance PROJECT LOCATION: The Project is located within Monroe County, Florida. 0 U PROJECT DESCRIPTION: Monroe County (Grantee) will complete the Monroe County Vulnerability Assessment Update and M Compliance Project (Project) to update the existing Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.). The Project will include the National Oceanic and Atmospheric E Administration(NOAA)intermediate low sea level rise projections as well as incorporate the critical assets owned or managed by the County. The Project will also include public outreach activities within key neighborhoods identified during the comprehensive VA. U) TASKS AND DELIVERABLES: 06 Task 1: Public Outreach Meetings U) 0 U) U) Description: The Grantee will conduct at least four t),,o public outreach meetings during the project. The purpose of the first meeting is to inform the public about the data collection stage. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. The Grantee will conduct three subsequent public meetings to present the results from the exposure analysis, sensitivity analysis, and draft VA. The purpose of the three subsequent meetings is to allow the public to provide community-specific input on the results of the analyses and to reconsider methodologies and assumptions used in the analysis for refinement. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following for each meeting: 1) meeting agendas to include location, date, and time of meeting; 2) meeting sign-in sheets with attendee names and affiliation N (i.e. local stakeholder, resident, steering committee member, local government staff); 3) a copy of the M presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social `N media posts, public announcements, graphics), as applicable; 4) a copy of the file or weblink of the video or audio recording from the meeting, if applicable; and 5) a summary report including attendee E input and meeting outcomes, to include defining focus areas recommended by the community. d Task 2: Final Vulnerability Assessment Description: The Grantee will research and compile the data needed to perform the VA, based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario-related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a) 1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Sea DEP Agreement No.: 22PLN66 Page 1 of 3 Rev.2.14.23 Packet Pg. 2344 P.5.d level rise projection data shall include the 2017 NOAA intermediate-high and intermediate-low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low- quality information may limit the VA's extent or reduce the accuracy of the results. The Grantee shall n rectify any gaps of necessary data. The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall-induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards used for the U exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must adhere to the a ig Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within CL the associated metadata. The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created through the Exposure Analysis. U) The sensitivity analysis should include an evaluation of the impact of flood severity on each asset type and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. 06 U) U) 0) The Grantee will finalize the VA report pursuant to the requirements in s. 380.093, F.S. and based upon U) internal comments and outreach efforts. The final VA must include all results from the exposure and sensitivity analyses,as well as a summary of identified risks.It should contain a list of critical and regionally significant assets that are impacted by flooding and sea-level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: 1) GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a) 1-4, F.S.; 2) GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers; 3) a final list of critical and regionally significant assets that are impacted by flooding, which must be prioritized by area or immediate need and must identify which flood scenario(s)impacts each asset;4)Final VA Report that provides details on the results and conclusions, M including illustrations via maps and tables, based on the statutorily-required scenarios and standards in s. CN 380.093, F.S. The Final VA Report should also include the following: outline the data compiled and the findings of the gap analysis with recommendations to address the identified data gaps and any actions taken E to rectify them, if applicable; and provide details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario; and 5) a signed VA Compliance < Checklist Certification. a� E Task 3: Proiect Administration c� Description: The Grantee will perform project administration, to include project scope of work determination, planning and development of proposed project(s), consultant direction and oversight meetings for overall project coordination and supervision. DEP Agreement No.:22PLN66 Page 2 of 3 Rev.2.14.23 Packet Pg. 2345 P.5.d Deliverables: The Grantee will submit project administration and management reports signed by the Grantee's Grant Manager,to include a summary of project administration activities, proposed project scopes of work, and meeting minutes with planning professionals and contractors, as applicable. nE PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Grantee must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description,to include any work being performed by any U subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within ten (10) working days. Upon review and written acceptance by the Department's Grant Manager of CL deliverables under the task,the Grantee may proceed with payment request submittal. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding �? Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed and/or submitted to the Department in a timely manner. 06 PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and U) Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently than quarterly and must be made using Exhibit A, detailing all work progress made during that payment request period,and Exhibit C. Upon the Department's receipt of Exhibit A and C,along with all supporting fiscal documentation and deliverables,the Department's Grant Manager will have ten(10)working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Budget DEP Match Total Task Start Task Due No. Task Title Category Amount Amount Amount Date Date N N Public Outreach Contractual 1 Meetings Services $42,100 $0 $42,100 7/l/2021 3/31/2024 CN 2 Final Vulnerability Contractual $168 250 $0 $168 250 7/l/2021 3/31/2024 E Assessment Services Project Contractual 3 Administration Services $4,000 $0 $4,000 7/l/2021 3/31/2024 Total: $214,350 $0 $214,350 c� DEP Agreement No.:22PLN66 Page 3 of 3 Rev.2.14.23 Packet Pg. 2346 P.5.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment 5-A � The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. 0 U MONITORING � ig CL 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, E on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/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 a_ additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees M to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. 06 U) 0 AUDITS U) PART L•FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this 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 W accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. ®a C14 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative C14 to auditee responsibilities as provided in 2 CFR 200.508-512. M 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the 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 must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internetathl.q)s://span xov/consenl/assistance listinxs. Attachment 5-A 1 of 7 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 2347 P.5.d PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received 0 from the Department of Environmental Protection, other state agencies, and other nonstate entities. State U financial assistance does not include federal direct or pass-through awards and resources received by a a nonstate entity for Federal program matching requirements. CL 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the 0 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. U) a� 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, 06 Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial U) assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 0 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost U) 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 the Florida Single Audit Act website located at lalt::t s://are�:�s.fldfs.com/fsaa for assistance. In addition to the �u above websites, the following websites may be accessed for information: Legislature's Website at h(t;;:�://www lc tcl;;(c I1 a�� cicorllc/mdex,,;clrt State of Florida's website at h1.g)://www.n�ylloridcl.con�/, Department of Financial Services' Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aud cnL � a� PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws CL 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 M in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for c14 funding the full cost of such additional audits.) a� E 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 E and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5-A 2of7 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 2348 P.5.d By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 ° Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can 9= be found at hlt:p:)://h rvest:er.census.;ov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on 0 behalf of the recipient directly to each of the following: U a A. The Department of Environmental Protection at one of the following addresses: CL By Mail: 0 Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 U) 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 06 Electronically: U) EI LESh! leAaada( dd n.sta(e.I1.us 0) U) B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 a� Claude Pepper Building,Room 401 I I I West Madison Street > Tallahassee,Florida 32399-1450 The Auditor General's website(17;It1:x//flaudil:or.gov)provides instructions for filing an electronic copy of a financial reporting package. 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 Z addresses: By Mail: cNcN Audit Director M Florida Department of Environmental Protection c14 Office of Inspector General,MS 40 3900 Commonwealth Boulevard E Tallahassee,Florida 32399-3000 Electronically: EI LESi leAaada( d%d p.sia(e.fl.aas E 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and < for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5-A 3of7 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 2349 P.5.d 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. nE PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon 0 request. The recipient shall ensure that audit working papers are made available to the Department of Environmental LI) Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. U) 06 U) U) 0 U) U) N c� N E c� E c� Attachment 5-A 4of7 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 2350 P.5.d 0 0 � o � • o � • o o � IZII � w w CL 06 Z o � s ° O W [ [ y U) IZII I U •� ao � .. W y % O o c o 5 Z w w ,� 4.1 z CN CN u cN W N U ; cn od Packet Pg. 2351 4, �G as o 4 '41 E cn 41 ra Qj CZ cl� Q *4 u bp bp pro Er C,5 oc C 2 L) L)C-A u o -A A 7;z C-1 z CN z • CN "D, u CN E 7; 7; 'otv OE L) cn -E -E cl� Packet Pg. 2352 P.5.d U U n� U U � U �i v �9 Q U) Li 06 O U) U) U) W �uC 'C U .0 U U N N O N 'C a 4 U U �+ U U a .Ui U Packet Pg. 2353 P.5.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED PROGRAM-SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6-A 1. Sea Level Impact Projection Study Requirement. If the project is within the designated area, pursuant to Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for performing a Sea Level Impact Projection(SLIP)study and submitting the resulting report to the Department. The SLIP study report must be received by the Department,approved by the Department,and be published 0 on the Department's website for at least thirty (30)days before construction can commence. This rule went U into effect July 1, 2021, and applies to certain state-funded construction projects located in the coastal building zone as defined in the rule. 2. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state,or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal, state, or local laws. Further,the Grantee shall abide b all terms and conditions of each applicable `� Yas permit for any grant-funded activity. Upon request, the Grantee must provide a copy of all acquired and M approved permits for the project. 06 U) 3. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the U) Department should be submitted electronically and must be compliant with the Americans with Disabilities Act,also known as"508 Compliant,"in all formats provided. 4. Copyright, Patent and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 5. Grant funds may not be used to support ongoing efforts to comply with legal requirements,including permit ., conditions,mitigation,and settlement agreements. 6. Fundin4 Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings(unless otherwise required under the special terms of this Agreement),Grantee agrees to include the Department's logo(which � can be found on the Department's website at:hl11)sJ/floridadep. v or by contacting the Grant Manager for M a copy)on all publications,printed reports,maps,audiovisuals(including videos,slides, and websites), and C14 similar materials,as well as the following language: E "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. 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 must identify the month and year of the publication. 7. Final Project Report.The Grantee must 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 status report, only in instances where the next quarterly report falls after the project's completion date. Rev.2.9.23 Attachment 6-A Page 1 of 2 Packet Pg. 2354 P.5.d 8. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports(Exhibit A and F)that include photos. 9. Contractual Services.For all grant agreements that include Contractual Services as an expenditure category, �+ the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement,prior to requesting payment 2 that includes contractual services. 10. Vulnerability Assessments.For all Planning grant agreements(Resilient Florida Grant Program and Regional C Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist 0 Certification,with the final grant deliverable(s). 11. Geographic Information System(GIS)files and associated metadata. All GIS files and associated metadata CL must adhere to the Resilient Florida Program's GIS Data Standards(found on the Resilient Florida Program website: h.a)s://floridade . /rm/resiIi nI flori& q�ro�rc�m/docaan�en(s/resiliera( floridc� p,2rogrc�n� pis data.. � �t�nd;�rd;), and raw data sources shall be defined within the associated metadata. a� 12. State and Local Fiscal Recovery Funds.For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds(SLFRF)under the American Rescue Plan Act,the Grantee must submit the SURF M Reporting Requirements Form upon execution of the grant agreement. 06 N N N c� E c� Rev.2.9.23 Attachment 6-A Page 2 of 2 Packet Pg. 2355 P.5.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM REVISED VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I-1 Required for all planning grant agreements. DEP Agreement Number. 22PLN66 0 t3 PTol ect Title: Monroe County Vulnerability Assessment Update and Compliance CL Grantee: Monroe County ° In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and information are required for a comprehensive Vulnerability Assessment(VA). The checklist must be completed and submitted with the final VA Report deliverable,pursuant to Attachment 3, Grant Work Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient 06 Florida Program webpage at the link below: U) U) I,ittps:Hflor�d.ad.ep.gov/rcp/restiletit flonida p ogriin/d.ocu.urIl:uetitslrestllct t...florlda...p ograin g s...dab... U) standards Part 1—Subparagraph 380.093(3)(c)2.,F.S. a� Page Reference Item Check if ID Included Item Description in VA Report (if applicable) Final Vulnerability Assessment Report that provides details on a ❑ the results and conclusions,including illustrations via maps and tables. d All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified c� in the VA must be provided in the format consistent with the Department's GIS Data Standards and include the following three(3) items: b p Geospatial data in an electronic file format. N c ❑ GIS metadata. N c� List of critical assets for each jurisdiction including regionally d ❑ significant assets, that are impacted by flooding and sea level �E rise. The list must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset Part 2—Subparagraphs 380.093(3)(d)l. and 380.093(3)(d)2.,F.S. a� Page Reference Item Check if ID Included Item Description in VA Report (if applicable) e ❑ Peril of Flood Compliance Plan amendments developed that address paragraph 163.3178(2)(f), F.S.,if applicable. Exhibit I-1 1 of 3 Rev. 1/18/2023 Packet Pg. 2356 P.5.d ❑ Not applicable ❑ Already in compliance f ❑ Depth of tidal flooding, including future high tide flooding, using thresholds published and provided by the Department. To the extent practicable, analysis geographically displays the g ❑ number of tidal flood days expected for each scenario and planning horizon. (optional) Depth of current and future storm surge flooding using publicly h ❑ available NOAA or FEMA storm surge data. (check one) ❑NOAA data ❑ FEMA data Initial storm surge event equals or exceeds current 100-year U i ❑ flood event. Higher frequency storm analyzed for exposure of a critical asset. ❑ (optional, but must provide additional detail if included To the extent practicable, rainfall-induced flooding was 0 k ❑ considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if item e is not applicable) �? 1 ❑ Future boundary conditions have been modified to consider sea level rise and high tide conditions. (optional) in ❑ Depth of rainfall-induced flooding for 100-year storm and 500- 06 year storm event. (required if item e is not applicable) U) To the extent practicable, compound flooding or the U) n ❑ combination of tidal,storm surge,and rainfall-induced flooding. (optional) Part 3—Subparagraph 380.093(3)(d)3.,F.S. a� Page Reference > Item Check if Item Description in VA Report ID Included (if applicable) All analyses performed in North American Vertical Datum of o ❑ 1988. Includes at least two local sea level rise scenarios, which must p ❑ include the 2017 NOAA intermediate-low and intermediate- hi h sea level rise prQjections. Includes at least two planning horizons, which must include N q ❑ ears 2040 and 2070. N ❑ Utilizes local sea level data that has been interpolated between � r the two closest NOAA tide gauges. a� Local, publicly available, sea level data was taken from one of �E s ❑ the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level (f so, provide Department approval). c� Exhibit I-1 2 of 3 Rev. 1/18/2023 Packet Pg. 2357 P.5.d Identify all counties and municipalities that are included in this Vulnerability Assessment: nE 0 U 0 U) 06 U) U) 0 U) U) I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature CN M cN Print Name c� Date E c� Exhibit I-1 3 of 3 Rev. 1/18/2023 Packet Pg. 2358