Item N08 N8
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
u,.. 9 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
� - James K. Scholl,District 3
' David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number: N8
2023-1053
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: SUSTAINABILITY: Approval to issue Request for Proposals (RFP)
to solicit for consulting services to create a Vulnerability Assessment for the City of Marathon funded
by Grant 22PLN65 from the Florida Department of Environmental Protection (FDEP).
ITEM BACKGROUND:
The County intends to issue a Request for Proposals (RFP). This item approves soliciting for
consulting services to perform a Vulnerability Assessment for the City of Marathon, funded by grant
22PLN65 from FDEP, which is being transferred to the County from Marathon. Marathon has
requested that the County perform the work on behalf of the City, as the County has previously
completed it's own vulnerability assessment and is currently preparing them also for Layton and Key
Colony Beach.
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.
3528
January 18, 2023: Approval to solicit for consulting services to update the Vulnerability Assessments
and Watershed Management Plans for Monroe County, Layton and Key Colony Beach funded by
Grants from Florida Department of Environmental Protection (FDEP) and Florida Division of
Emergency Management (FDEM), and potentially for other sustainability projects for the County
contained in the GreenKeys Plan.
May 17, 2023: Approval to enter into a S734,700 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-
A1 and a vulnerability assessment update and neighborhood outreach for Monroe County as funded
Florida Department of Environmental Protection (FDEP) Grant 22PLN66 and 22PLN66-Al.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
RFP for VA for Marathon- final.pdf
FINANCIAL IMPACT:
Effective Date: To be determined Expiration Date: To be determined
Total Dollar Value of Contract: N/A
Total Cost to County: None
Current Year Portion: N/A Budgeted: N/A
Source of Funds: DEP Grant 22PLN65
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: No
Additional Details:
3529
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
CITY OF MARATHON
VULNERABILITY ASSESSMENT
TO BE CONDUCTED BY MONROE COUNTY
A
-6
BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates, District 1
Commissioner Michelle Lincoln, District 3
Commissioner Jim Scholl, District 2
Commissioner David Rice, District 4
Commissioner Holly Merrill Raschein, District 5
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT CHIEF RESILIENCE OFFICER
Kevin Madok, CPA Rhonda Haag
June2023
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on, insert 2023, at 3:00 P.M., the Monroe County Purchasing
Office will receive and open sealed responses for the following:
Marathon Vulnerability Assessment Conducted by Monroe County
Monroe County, Florida
Pursuant to F.S. 50.0211(3) (a), all published competitive solicitation notices can be viewed at:
www.floridapublicnotices.com, a searchable statewide repository for all published legal notices.
Requirements for submission and the selection criteria may be requested from DemandStar at
www.demandstar.com OR www.monroecounty-fl.gov/bids. The Public Record is available upon
request.
Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt to
deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT
be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted
via email to: OMB-BIDS(a�monroecounty-fl.gov, no later than insert 3:OOP. ., on, 2023. Please
submit your confidential financial information in a SEPARATE EMAIL from your bid and required
documents. Your subject line on both emails must read as follows:
Marathon Vulnerability Assessment Conducted by Monroe County
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file
size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not
rejected due to the file size. Should your bid documents exceed 25MB, in advance of the bid
opening, please email: omb-purchasinakmonroecounty-fl. og_v so accommodations for delivery of
your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole
responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm
your bid submission delivery will result in your bid being rejected.
The bid opening for this solicitation will be held virtually,via the internet, at insert 3:00 P.M., on.
You may call in by phone or internet using the following:
Join Zoom Meeting
htt2s://mcbocc.zoom.us/j/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156# US (New York)
+16699006833„4509326156# US (San Jose)
Dial by your location:
+1 646 518 9805 (New York)
+1 669 900 6833 (San Jose)
Publication dates:
Keys Weekly:
News Barometer:
Citizen: Wed.,
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TABLE OF CONTENTS
SECTION 1 INSTRUCTIONS TO PROPOSERS
1.1 Purpose
1.2 Background Information on the Project
1.3 Requirements
1.4 Evaluation Criteria
1.5 Requests for Additional Information
1.6 Content of Submission
1.7 Format: Cover Letter
Tabbed Sections
1.8 Copies of RFP Documents
1.9 Statement of Proposal Requirements
1.10 Disqualification of Proposers
1.11 Examination of RFP Documents
1.12 Governing Laws and Requirements
1.13 Preparation of Responses
1.14 Modification of Responses
1.15 Responsibility of Respondent
1.16 Receipt and Opening of Responses
1.17 Award of Contract
1.18 Certificate of Insurance and Insurance Requirements
1.19 Indemnification
1.10 Execution of Contract
SECTION 2 SAMPLE AGREEMENT AND EXHIBITS
SECTION 3 COUNTY FORMS
• Proposal Form
• Non-Collusion Affidavit
• Lobbying and Conflict of Interest Clause
• Drug-Free Workplace Form
• Public Entity Crime Statement
• Vendor Certification Regarding Scrutinized Companies
• Insurance Checklist
• Insurance Agent's Statements
SECTION 4— SCOPE OF SERVICES
SECTION 5—REFERENCED DOCUMENTS
ATTACHMENT 1 - Marathon — grant 22PLN65 for new vulnerability assessment for
$240,000
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SECTION ONE: INSTRUCTIONS TO PROPOSERS
1.1 Purpose
The purpose of this Request for Proposals ("RFP") is to solicit sealed proposals from qualified
firms to perform the following:
A. Conduct a new vulnerability assessment under Section 380.093, F.S. for the City of
Marathon (coastal community), including creation of a critical asset inventory list
including any regionally significant assets. The modeling in the vulnerability assessment
will include tidal, sea level rise, storm surge and rainfall flooding in compliance with
Section 380.093(3), F.S. Peril of flood amendments and adaptation projects will be
included in the vulnerability assessment.
This RFP is issued by the County to provide potential firms with information, guidelines and rules
to prepare and submit a proposal. The submittal must satisfy all criteria established in this RFP to
qualify for evaluation. Any written proposals, other submissions, correspondence and all records
made thereof, shall be opened in public in compliance with Florida law governing public records
and meetings.
Note: proposals must include ALL work as outlined in 1.1 above and in Exhibits 1-6. Proposals
partial completion of fewer than the 6 tasks outlined in 1.1 above will not be included in the
evaluation process. It has not yet been detennined if the municipalities will enter into their own
agreement(s)with the Contractor(s) to perform the work or if the work shall be directed through a
master agreement with the County.
1.2 Background Information about the Project
1.2.1 Monroe County: Monroe County ("County") is a non-chartered county established under
the Constitution and the laws of the State of Florida. The population of the County is approximately
82,874 as of the 2020 census. Monroe County is the southernmost county in the United States. It
is comprised of the Florida Keys and a portion of the Florida Everglades. The Florida Keys are an
archipelago of islands stretching from Key West, only 90 miles from Cuba, up to the mainland—
an island chain over 100 miles long with elevations below sea level and a designated Area of
Critical State Concern.
In addition to the unincorporated county, there are five municipalities in the Florida Keys: Key
West, Marathon, Key Colony Beach, Layton, and Islamorada. This project is for Marathon only.
1.2.2 Background and History
Vulnerability Assessments
In August— September 2022, Marathon applied for a vulnerability assessment grant through the
State Resilient Florida program to develop a new one to comply with the requirements of Section
380.093(3)Florida Statutes. The assessment will also identify capital projects for subsequent grant
applications.
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A qualified and experienced contractor(s) is needed to develop a vulnerability assessment for
Marathon to characterize its exposure and risk, build datasets and increase resiliency in the
community. Marathon has applied for a grant through the State Resilient Program and has been
awarded grant 22PLN65, which will be assigned to Monroe County to authorize the work. The
grant is attached as Exhibit 1.
1.3 Requirements
The qualified firm will offer qualifications and experience in the realms of technical analysis,
vulnerability assessment and analysis, watershed management plan development or knowledge,
and public engagement. The County and municipalities reserve the right to award the work to one
or more firms and/or to split the work among firms. The firm(s) will work collectively with the
Sustainability staff and other representatives of County and municipal departments to complete
the scope of work.
1.4 Evaluation Criteria
Areas of consideration include but are not limited to:
a
e �o
i
I �
1 Letter and Executive Summary 5
2 Relevant Experience 35 .
3 Quality of Past Performance on Similar Projects—including 20
written references on ability to meet schedule and budgets on
former projects.
4A Project Approach -Vulnerability Assessment Modeling 50
_4B Public Engagement 10
5 Qualifications of Consultant, Sub consultants, and project 40
manager
6 Other: Familiarity with Monroe County; clients in USA, FL, SE 20
FL, and Monroe County; value added options; other information
7 Cost— detailed by project type and entity 20
8 Litigation 0
9 County Forms 0
TOTAL Points 200
1.5 Requests for Additional Information or Clarification
Requests for additional information or clarification relating to the specifications of this Request
for Proposals shall be submitted by email only directly to:
Rhonda Haag, Chief Resilience Officer haag-rhondakmonroecount y�fl.gov
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All requests for additional information must be received no later than insert ® 0 PM, Any
requests received after that date and time will not be answered. If an answer is issued, an
addendum to the RFP will be issued shortly thereafter and distributed to all interested proposers,
responding with the County's best ability to answer all questions. Verbal requests will not be
answered.
All addenda are a part of the contract documents and each Proposer will be bound by such addenda,
whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she
has received all addenda issued before responses are opened.
1.6 Content of Submission
Proposals must be submitted by email to the Purchasing Office, and are limited to 100 pages
inclusive of Forms.Please note that the maximum file size that will be accepted by email is 25MB.
Please plan accordingly to ensure that your proposal is not rejected due to the file size. Should
your proposal documents exceed 25MB, in advance of the proposal opening, please email: omb-
purchasing@monroecounty-fl.gov so accommodations for delivery of your proposal can be made
prior to the bid opening. Please be advised that it is the proposer's sole responsibility to ensure
delivery of their proposal and waiting until the proposal opening to address or confirm your
proposal submission delivery will result in your proposal being rejected.
Responses shall be organized as indicated below. The Proposer should not withhold any
information from the written response in anticipation of presenting the information orally or in a
demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer
must submit adequate documentation to certify the Proposer's compliance with the County's
requirements. Proposer should focus specifically on the information requested.
1.7 Format
The response, at a minimum, shall include the following:
7A. Cover Letter,
The cover letter shall contain the Proposer's name, address, telephone number, and the
name of the Proposer's contact person(s). It shall introduce the company including a brief
overview of the firm's history, the corporate name, address and telephone number of
corporate headquarters and the local office, number of years in business, names of
principals and number of employees.
Indicate the State in which Proposer is incorporated or organized. If other than Florida,
include evidence of authorization to do business in Florida. Include a reproduction of
Corporate Charter Registration,if applicable. Include a list of any subcontractors proposed
for work.
Identify
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the primary person responsible for this proposal. Briefly state the Proposer's understanding
of the work to be done, and make a positive commitment to perform and complete the
services meeting strict time and budget requirements. This letter must be signed by an
individual authorized to bind the firm.
7B. Tabbed Sections
Tab 1. Letter and Executive Summary
The Proposer shall provide a narrative of the firm's qualities and capabilities that
demonstrates how the firm will work with the County and municipalities to fulfill the
requirements of this Service and meet the various schedule and budget constraints of the
grants.
Tab 2. Relevant Experience
The Proposer shall provide a project history of the firm or organization demonstrating
experience with services that are similar in scope and size to the requested services. The
proposal shall include information regarding combined team experience and past
performance. The proposal shall include any history of completing work for more than one
local entity at the same time and how that coordination was accomplished.
Identify members of the project team and their anticipated roles for this project,and provide
a summary of their previous experience. Include staff, as well as sub-consultants that will
have key roles in the team organization chart. Provide concise, yet detailed, resumes for
key team members. Make a statement of commitment that the team will remain committed
to the project until completion.
Proposer shall provide references for projects completed which collectively are sufficient
to evidence that combined team experience meets the minimum requirements stated.
Provide information regarding areas of specialization, and any other pertinent information
in such a way to reasonably evaluate the firm's stability, strengths, and experience level.
Reference information must describe the projects and include project budget (limit to one
(1) page per project). Provide also the name, address, position, e-mail address and
telephone number of the project coordinator. A reference contact person must be someone
who has personal knowledge of the Proposer's performance for the specific requirement
listed. The contact person must have been informed that they are being used as a reference
and that the County may check references.
Tab 3. Quality of Past Performance on Similar Projects
The Proposer shall provide a list of past projects indicating the following:
■ Name and full address of the referenced project client
■ Name and telephone number of client contact for referenced project
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■ Date of initiation and completion of contract
■ Summary of the project and services
In this section,please include at least two (copied)letters of reference from a former client,
which describes the services performed, and the client's satisfaction with the services
provided. . Letters of reference are preferred, however, if the client desires to include firm
surveys completed by clients, they will be considered. Letters of reference from a
government(public entity) client are preferred.
Tab 4. Project Approach
4A Project Approach — Vulnerability Analysis. Describe the firm's capabilities and
approach toward this Project, including your proposed work program, schedule, and any
other activities that will be necessary to complete the scope of work and comply with the
grant for Marathon.
Include a proposed activity schedule and any innovative methods or concepts that might
be particularly helpful to accomplish this Project.
Provide a statement of acknowledgement that the consultant understands this Project and
its scope of work and goals. Affirm that you can meet the stated project schedule for the
services outlined. Total project must be completed by June 30, 2024.
4B Project Approach — Public Engagement. Describe the firm's capabilities and
approach toward this Project, including your proposed work program, schedule, and any
other activities that will be necessary to complete the scope of work. Describe the firm's
capabilities and approach toward this Project, including your proposed work program,
schedule, and any other activities that will be necessary to complete the scope of work,
Include a proposed activity schedule and any innovative methods or concepts that might
be particularly helpful to accomplish this Project.
Provide a statement of acknowledgement that the consultant understands this Project and
its scope of work and goals. Affirm that you can meet the stated project schedules for the
Services included in this document.
Tab 5. Qualifications and Accomplishments of Consultant, Sub consultants, and
Project Manager
The Proposer shall describe the composition and structure of the firm (sole proprietorship,
corporation, partnership, joint venture) and include names of persons with an interest in
the firm.
If the Proposer is anything other than an individual or sole proprietorship, the Proposer
shall include a list of the proposed staff that will perform the work required and identify all
sub-Consultants that will be used, if awarded this contract(s). The Proposer shall also
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describe the qualifications for each employee on the project team and identify his/her role
on the team.
Tab 6. Other Information
a) Describe your firm's familiarity with Marathon and the community's constraints and
opportunities.
b) Provide a description of your film 's understanding of Vulnerability Assessments and
creation of goals, objectives, and policies as relates to both.
c) Describe the firm's completed projects for clients in the United States, Florida, in the
Southeast region of the United States and for state and local government clients,
particularly in Monroe County.
d) Describe any additional value added benefits your firm/ organization can offer
Marathon not enumerated in the scope of work, submittal requirement responses or
evaluation criteria.
e) Proposer shall provide any additional project experience that will give an indication of
the Proposer's overall abilities.
f) If the Proposer will require any other information from the County not included in this
Request for Proposal or require from the County any information in a particular
computerized format in order to carry out the Scope of Services in Section 4,the Proposer
shall also include such requirement in this section, i.e. Tab 6.
g) If the Proposer cannot fully comply with any of the terms contained in the draft contract,
shown in Section Two, all deviations to the terms must be spelled out in this section, i.e.
Tab 6. This is particularly important for the timely completion and submission of
deliverables to meet the schedules in the grants.
Tab 7- Cost and Schedule Proposal
A. Grant Work: Provide a detailed budget & cost proposal, inclusive of reimbursable
expenses. The Proposer shall set forth a schedule for project completion that includes
a work plan and scope of work for each phase of the project, clearly identifying the
tasks to be completed, the amount of time to complete, and approach to work. The
schedules must meet the requirements set forth in the grant. The work plan should also
include any necessary meetings with employees, commissioners, and the public. The
Quote Sheet shall include a total, which shall be an all-inclusive fee to be paid to the
proposer.
All costs to be paid to the Proposer shall be included. No additional costs or fees will
be paid, including but not limited to travel costs, per diems, telephone charges,
facsimile charges, and postage charges. In addition to the quote submitted for the
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Scope of Services outlined in this RFP, the Proposer may choose to suggest additional
services and submit a quote for those services. Such additional services can be
explained in the Quote Sheet. The County may or may not choose to hire the Proposer
for the additional services.
B. Other Services: Provide a Table of the hourly rates and titles of staff available for
optional additional services.
Tab 8 Litigation
In accordance with Section 2-347(h) of the Monroe County Code, please provide the
following information:
(1) A list of the person's or entity's shareholders with five (5)percent or more of the stock
or, if a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; or, if a solely owned proprietorship, names(s) of
owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the
number of years it has been providing the services, goods, or construction services
called for in the bid specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name and any
prior names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? If yes,provide
details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or
general partners? If yes,provide details;
c. Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors,
within the last five (5) years, been a party to any lawsuit, arbitration, or
mediation with regard to a contract for services, goods or construction services
similar to those requested in the specifications with private or public entities?
If yes, provide details;
d. Has the person,principal of the entity, or any entity previously owned, operated
or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against the county or been sued by the county
in connection with a contract to provide services, goods or construction
services? If yes,provide details;
e. Whether, within the last five (5) years, the owner, an officer, general partner,
principal, controlling shareholder or major creditor of the person or entity was
an officer, director, general partner,principal, controlling shareholder or major
creditor of any other entity that failed to perform services or furnish goods
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similar to those sought in the request for competitive solicitation;
f. Customer references (minimum of three), including name, current address and
current telephone number;
g. Credit References (minimum of three), including name, current address and
current telephone number; and
h. Financial statements for the prior three years for the responding entity or for
any entity that is a subsidiary to the responding entity.l
Tab 9. County Forms
Proposer shall complete and execute the forms located in Section 2 in this RFP, as
well as copies of all business licenses and receipts for business tax and shall include
them in this section:
1.8 COPIES OF RFP DOCUMENTS
A. Only complete sets of RFP Documents will be issued and shall be used in preparing
responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFP Documents may be obtained in the manner and at the
locations stated in the Notice of Request for Proposals.
1.9 STATEMENT OF PROPOSAL REQUIREMENTS
See also Notice of Request for Competitive Solicitation.
1.10 DISQUALIFICATION OF PROPOSER
A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response
to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it
is discovered that collusion exists among the Proposers, the proposals of all
participants in such collusion shall be rejected, and no participants in such collusion
will be considered in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a proposal on a contract to provide any goods or services to a public entity,
may not submit a proposal on a contract with a public entity for the construction or
repair of a public building or public work, may not submit Proposals on leases or
perform work as a Consultant, supplier, sub Consultant, or Consultant under a
contract with any public entity, and may not transact business with any public entity
' Any financial information that the Proposer deems to be confidential shall be submitted in a separate email,in the
same manner as explained in the Notice of Request for Competitive Solicitations,with the word"confidential"in
the email body.
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in excess of the threshold amount provided in Section 287.017,Florida Statutes,for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list. Category Two: $25,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG-FREE
WORKPLACE FORM and submit it with his/her proposal. Failure to complete
this form in every detail and submit it with the bid or proposal may result in
immediate disqualification of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it
with his/her bid or proposal. Failure to complete this form in every detail and
submit it with the bid or proposal may result in immediate disqualification of the
bid or proposal.
1.11 EXAMINATION OF RFP DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract documents, and
inform himself/herself thoroughly regarding any and all conditions and
requirements that may in any manner affect cost, progress, or perfonnance of the
work to be performed under the contract. Ignorance on the part of the Proposer shall
in no way relieve him/her of the obligations and responsibilities assumed under the
contract.
B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify
the County.
1.12 GOVERNING LAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying with all federal,
state, and local laws, ordinances, rules, professional license requirements and regulations that in
any manner affect the work. Knowledge of business tax requirements for Monroe County and
municipalities within Monroe County are the responsibility of the Proposer.
1.13 PREPARATION OF RESPONSES
Signature of the Proposer: The Proposer must sign the response forms in the space provided for
the signature. If the Proposer is an individual, the words "doing business as ", or "Sole
Owner" must appear beneath such signature. In the case of a partnership, the signature of at least
one of the partners must follow the firm name and the words "Member of the Firm" should be
written beneath such signature. If the Proposer is a corporation, the title of the officer signing the
Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and
evidence of his authority to sign the Response must be submitted. The Proposer shall state in the
response the name and address of each person having an interest in the submitting entity.
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1.14 MODIFICATION OF RESPONSES
A. Prior to the time and date designated for receipt of Proposals, any Proposal submitted may
be modified by delivery to Monroe County Purchasing Department of a complete Proposal
as modified. All emails shall be marked "Modified Proposal". Delivery shall comply with
requirements for the original proposal.
B. Proposals may be withdrawn prior to the time and date designated for the receipt of
Proposals. Withdrawn Proposals may be resubmitted up to the time designated for the
receipt of Proposals provided that they are then fully in conformance with these
Instructions to Proposers.
1.15 RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all costs of preparing and submitting the response,regardless
of whether a contract award is made by the County, Layton, Key Colony Beach and Marathon.
1.16 RECEIPT AND OPENING OF RESPONSES
The bid opening for this solicitation will be held virtually, via the internet, at insert 3:00 P.M.
You may call in by phone or internet using the following:
Join Zoom Meeting
htt�rs:/ mcbboccozoomous//45093261 O
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 (New York)
+1 669 900 6833 (San Jose)
Responses will be received until the designated time and will be publicly opened. Proposer's
names shall be read aloud at the appointed time and place stated in Section 1.9. Monroe County's
representative authorized to open the responses will decide when the specified time has arrived
and no responses received thereafter will be considered. No responsibility will be attached to
anyone for the premature opening of a response not properly addressed and identified. Proposers
or their authorized agents are invited to be present.
The County reserves the right to reject any and all responses and to waive technical error and
irregularities as may be deemed best for the interests of the County. Responses that contain
modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions not
requested or irregularities of any bind, or that do not comply in every respect with the Instruction
to Proposer,may be rejected at the option of the County.
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1.17 AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services based on
geographic area or other criteria, and to waive any informality in any response, or to re-advertise
for all or part of the work contemplated.
B. The County also reserves the right to reject the response of a Proposer who has
previously failed to perform properly or to complete contracts of a similar nature on time.
C. The recommendation of staff shall be presented to the Board of County
Commissioners of Monroe County and the municipalities for final selection and award of
contract(s).
1.18 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Proposer shall be responsible for all necessary insurance coverage as indicated below.
Certificates of Insurance must be provided to Monroe County within five (5) days after award of
contract, with Monroe County BOCC listed as additional insured as indicated. If the proper
insurance forms are not received within the five (5) day period, the contract may be awarded to
the next selected Proposer. Policies shall be written by companies licensed to do business in the
State of Florida and having an agent for service of process in the State of Florida. Companies shall
have an A.M. Best rating of VI or better, The required insurance shall be maintained at all times
while Proposer is providing service to County.
Worker's Compensation
Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $500,000
Bodily Injury by Disease,policy limits $500,000
Bodily Injury by Disease, each employee $500,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$500,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per person
$500,000 per occurrence
$50,000 property damage
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Vehicle Liability
(Owned, non-owned and hired vehicles) $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person
$300,000 per occurrence
$50,000 property damage
Professional Liability $500,000 per Occurrence
$1,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability and Vehicle
Liability policies.
1.19. INDEMNIFICATION
The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless
the County as outlined below.
The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe
County, its commissioners, officers, employees, agents and servants from any and all claims for
bodily injury, including death, personal injury, and property damage, including damage to
property owned by Monroe County, and any other losses, damages, and expenses of any kind,
including attorney's fees, court costs and expenses, which arise out of, in connection with, or by
reason of services provided by the Proposer or any of its Sub Consultant(s), occasioned by the
negligence, errors, or other wrongful act or omission of the Proposer, its Sub Consultant(s), their
officers, employees, servants or agents.
In the event that the service is delayed or suspended as a result of the Proposer/Vendor's
failure to purchase or maintain the required insurance, the Vendor shall indemnify the County
from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of
remuneration paid to the Proposer is consideration for the indemnification provided for above.
The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
1.20 EXECUTION OF CONTRACT
The Proposer will be required to execute a contract with the County and potentially with each
municipality for the services provided for in this RFP. The Proposer with whom a contract is
negotiated shall be required to return to the County and potentially each municipality one (1)
executed original of the prescribed Contract together with the required certificates of insurance. If
the Proposer cannot fully comply with any of the terms contained in the draft contract, shown in
Section Two, all deviations to the terms must be spelled out in Tab 6, Other Information.
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SECTION TWO: SAMPLE AGREEMENT
MONROE COUNTY
CONTRACT FOR
VULNERABILITY ASSESSMENT MODELING FOR MARATHON
THIS AGREEMENT is made and entered into this day of , 2023 by
MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address
is 1100 Simonton Street, Key West, Florida 33040 and ("CONSULTANT"),
whose address is
WITNESSETH
WHEREAS, the COUNTY issued its Request for Proposals RFP ("RFP") pursuant to state and
local law to solicit proposals to develop a vulnerability assessment for the City of 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 potentially to the municipalities according to the terms and subject to the conditions set forth
herein.
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:
Section 1. SCOPE OF SERVICES
CONSULTANT shall perform and carry out in a professional and proper manner certain duties as
described in the Scope of Services — Exhibit A— that is attached hereto and made a part of this
agreement.
CONSULTANT shall provide the scope of services in Exhibit A for the COUNTY.
CONSULTANT warrants that it is authorized by law to engage in the performance of the activities
herein described, subject to the terms and conditions set forth in these Agreement documents. The
CONSULTANT shall at all times exercise independent, professional judgment and shall assume
professional responsibility for the services to be provided. Consultant shall provide services using
the following standards, as a minimum requirement:
A. The CONSULTANT shall maintain adequate staffing levels to provide the services
required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual relationship with
the County. To the extent that Consultant uses sub consultants or independent
Consultants, this Agreement specifically requires that sub Consultants and
independent Consultants shall not be an employee of or have any contractual
relationship with County.
C. All personnel engaged in performing services under this Agreement shall
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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
2.1 The County will provide such data as is required by the Consultant and is mutually agreed
upon.
2.2 The County will make payments as outlined in Section 4 of this Agreement.
Section 3. TERM OF AGREEMENT
3.1 Except as noted below, this Agreement shall begin on the day of ,
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.
Section 4. PAYMENT TO CONSULTANT
4.1 Payment will be made according to the Deliverable Schedule attached as Exhibit B, and
according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida
Statutes. The Provider shall submit to the County an invoice with supporting
documentation in a form acceptable to the Clerk. Acceptability 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.
4.2 Monroe County's performance and obligation to pay is contingent upon an annual
appropriation by Monroe County.
Section 5. CONTRACT TERMINATION
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.
Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS
A. CONSULTANT hereby agrees that he has carefully examined the RFP, his response, and
this Agreement and has made a determination that he/she has the personnel, equipment,
and other requirements suitable to perform this work and assumes full responsibility
therefore. The provisions of the Agreement shall control any inconsistent provisions
contained in the specifications. All specifications have been read and carefully considered
by CONSULTANT,who understands the same and agrees to their sufficiency for the work
to be done. Under no circumstances,conditions,or situations shall this Agreement be more
strongly construed against COUNTY than against CONSULTANT.
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B. Any ambiguity or uncertainty in the specifications shall not be construed against the
drafter.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by
CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with the
terms of this Agreement, and specifications covering the services.
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. 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.
Section 7. NOTICES
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
With a copy to: Monroe County Attorney's Office
1111 12t" St. Suite 408
Key West FL 33040
To the CONSULTANT:
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
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.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records
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.
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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
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
records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in
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
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 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, bradley-
brian(amonroecounty-fl.gov, c/o Monroe County Attorney's Office, 1111
12t St., Suite 408, Key West FL 33040.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf
any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the COUNTY may, in its discretion, terminate this
agreement without liability and may also, in its discretion, deduct from the agreement or purchase
price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
Section 10. CONVICTED VENDOR
By signing this agreement, CONSULTANT represents that the execution of this Agreement will
not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this
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.
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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 any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed
on the convicted vendor list.
Section 11. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES
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
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
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
The COUNTY and CONSULTANT agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, and court costs,
as an award against the non-prevailing party. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the Circuit Court of Monroe County.
Section 14. BINDING EFFECT
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.
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Section 15. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
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
resolution can be agreed upon within 30 days after the first meet and confer session,then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This Agreement shall not be subject to arbitration.
Section 17. COOPERATION
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.
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
of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683,and 1685-1686),which
prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
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,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; Title VIII 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
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nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
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.
Section 20. CODE OF ETHICS
The parties understand that officers and employees of the COUNTY are required to comply with
the standards of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency;unauthorized compensation;misuse of public position, conflicting employment
or contractual relationship; and disclosure or use of certain information.
Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
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
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
The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection
of, all documents,papers, letters or other materials in its possession or under its control subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
Section 23. NON-WAIVER OF IMMUNITY
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.
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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.
Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
Section 26. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither
the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
Section 27. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion
Agreement.
Section 28. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
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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
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
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,
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
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
satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of this
contract and any extensions specified herein. Failure to comply with this provision may result in
the immediate suspension of all work until the required insurance has been reinstated or replaced
and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion
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
shall be unposed as if the work had not been suspended, except for the CONSULTANT's failure
to maintain the required insurance.
The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance, or
• A Certified copy of the actual insurance policy.
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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 are not subject to
cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty
(30) days prior notification is given to the County by the insurer.
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
included as "Additional Insured" on all policies, except for Workers' Compensation.
31.2 Insurance Requirements (Note: amounts of coverage are subject to change in final
contract)
Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be $500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned,Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
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$300,000 per Occurrence
$ 50,000 Property Damage
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
Prior to commencement of work governed by this contract, the CONSULTANT shall obtain
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.
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
Section 32. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising
out of the sole negligent actions of the CONSULTANT or substantial and unnecessary delay
caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its performance
of this contract. The amount and type of insurance coverage requirements set forth hereunder shall
in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further, the
CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the sole
negligent act of the CONSULTANT.
Section 34 INDEPENDENT CONSULTANT. At all times and for all purposes hereunder, the
CONSULTANT is an independent Consultant and not an employee of the Board of County
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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.
Section 35 COMPLETENESS OF WORK. The CONSULTANT shall be responsible for the
completeness and accuracy of its work, plan, supporting data, and other documents prepared or
compiled under its obligation for this project, and shall correct at its expense all significant errors
or omissions therein which may be disclosed. The cost of the work necessary to correct those
errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of
additional costs caused by such errors shall be chargeable to the CONSULTANT. This provision
shall not apply to any maps, official records, contracts, or other data that may be provided by the
COUNTY or other public or semi-public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the services
specified in this contract. Such delays or hindrances, if any, shall be compensated for by the
COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the
work schedule. Such an agreement shall be made between the parties.
Section 36 — 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:
36.1 SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES,
AND LABOR SURPLUS AREA FIRMS.
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
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
proof of the registration or certification from the local authority in order to receive credit for the
use of the SBE.
36.2 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
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
applicable County, State and Federal law. Records shall be made available during normal working
hours for this purpose.
In the event that FEMA. DEM, or any other Federal or State agency, or the County, issues findings
Page 27 of 42
3556
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
to the Contractor shall be adjusted accordingly, and that the Contractor shall, within 30 days
thereafter, issue a remittance to the County of any payments declared to be ineligible or non-
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.
36.3 NONDISCRIMINATION (required language from 41 C.F.R. § 60-1.4(b)).
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
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
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.
(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,
or national origin.
(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
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.
Page 28 of 42
3557
(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'
representative of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
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.
(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
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.
36.4 OTHER FEDERAL CONTRACT REQUIREMENTS
As Applicable, the CONTRACTOR and its subcontractors must follow the provisions as set forth
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 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 recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under 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$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
Page 29 of 42
3558
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.,p. 189) and 12689 (3 CFR part
1989 Comp.,p. 235),"Debarment and Suspension."SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by 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 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.
36.5 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
any other party pertaining to any matter resulting from the contract.
36.6 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
Statements) applies to the Contractor's actions pertaining to this contract.
Page 30 of 42
3559
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day of 2020.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, CLERK
OF MONROE COUNTY, FLORIDA
By By:
As Deputy Clerk Mayor
(CORPORATE SEAL) CONSULTANT
ATTEST:
By By:
Title:
Page 31 of 42
3560
CONTRACT ATTACHMENTS
Exhibit A— Scope of Work
Exhibit 1 - Grant 22PLN65
Page 32 of 42
3561
SECTION THREE:
COUNTY FORMS AND INSURANCE FORMS
Page 33 of 42
3562
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
01 acknowledge receipt of Addenda No.(s)
I have included:
• Response Form ❑
• Lobbying and Conflict of Interest Clause ❑
• Non-Collusion Affidavit ❑
• Drug Free Workplace Form ❑
• Public Entity Crime Statement ❑
• Vendor Certification Regarding Scrutinized Companies Lists ❑
• Insurance Agent's Statement ❑
❑I have included a current copy of the following professional and occupational licenses:
If the applicant is not an individual(sole proprietor),please supply the following information:
APPLICANT ORGANIZATION:
(Registered business name must appear exactly as it appears on www.sunbiz.or�).
Any applicant other than an individual(sole proprietor)must submit a printout of the"Detail by Entity
Name"screen from Sunbiz,and a copy of the most recent annual report filed with the Florida Department of
State,Division of Corporations.
Mailing Address:
Telephone: Fax: Date
Signed: Witness:
(Print Name) (Print Name)
(Title)
STATE OF:
COUNTY OF:
Subscribed and sworn to(or affirmed)before me on (date)by
(name of affiant). He/She is personally known to me or has produced
(type of identification)as identification.
NOTARY PUBLIC My Commission Expires:
Page 34 of 42
3563
NON-COLLUSION AFFIDAVIT
I, of the city
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of
the bidder making the Proposal for the project described in the Request for
Proposals for
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other proposer or
with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the proposer and will not knowingly
be disclosed by the proposer prior to proposal opening, directly or indirectly, to any
other proposer or to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other
person, partnership or corporation to submit, or not to submit, a proposal for the
purpose of restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit in awarding contracts for said project..
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My commission expires:
Page 35 of 42
3564
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
if
(Company)
"... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My commission expires:
Page 36 of 42
3565
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under proposal, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea of
guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by (name of affiant). He/She
is personally known to me or has produced (type of identification) as identification.
Page 37 of 42
3566
PUBLIC ENTITY CRIME STATEMENT
"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 a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by (name of affiant). He/She
is personally known to me or has produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
Page 38 of 42
3567
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with
the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted
a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged
in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: who is authorized
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
Page 39 of 42
3568
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
Page 40 of 42
3569
SECTION FOUR- SCOPE OF SERVICES
4.1 SCOPE OF SERVICES, SCHEDULES AND DELIVERABLES
4.2 Vulnerability Assessments—New vulnerability assessments for Marathon.
4.2.1.1 Marathon—All terms and conditions, tasks, schedule and deliverables included in the
Department of Environmental Protection State-funded grant agreement 22PLN65 for
$insert as shown in AT°I'AC1-IMENT 1 shall apply.
Page 41 of 42
3570
SECTION FIVE: REFERENCED DOCUMENTS
Vulnerability Assessment Grant:
ATTACHMENT 1 -Marathon/Department of Environmental Protection State-funded
grant agreement 22PLN65 for Vulnerability Assessment for $
Page 42 of 42
3571
STATE OF FLORIDA
DFTARTMENTOF ENVIRONMENTAL 1"RarECTION
Standard C;rant .ment
IIIIII
F is A:greernent is entered into between the Parties named below, ursuantto Section 215.971, Florida Statutes,
AAAwI
I. Pro.ject'rille(Project): Agreement Number
City of Marathon Vulnerability Assessment and Adaptation Plan 22P1_,N65
2, Parties State of Florida Department of Environmental Protection,
3900 Comrnonwealth Boulevard (Department)
Tallahassee,Florida 32399-3000
.......... ..............
Grantee Narne: City of Marathon Entity type: local MIjoicipality
Grantee Address: 9805 Overseas Highway, Marathon, Florida,33050 F E 1,D: 65-0984873
WAAI ——,,,,"----(2 1 a-,I—IC e
3. Agreement Begin Date: Date of Expiration:
7/l/2021 6/30/2024
4. Prc�ject Number: ProJect Location(s): City of Marathon,Monroe County,Florida
(Ifd�f,fe,,ienefrom Agreement Number)
.... ............ ......... ..........
Pro.ject Description: The pr(uject will update the existing Vulneraability Assessment pursuant to Section 380.093,
Florida Statutes and develop an Adaptation Plan for the City of Marathon.
5. Total Arriount of Fundine, J`urrlling Source'? Award Ps or Line Itern A r9 priations: Amount pt�rS,(-),urce(s
$240,000.00 5 State E31'ederal FV21-22 GAA 1707A -$ 240,0000
-------- -----------------—-------------- ----- -------- ----------- ---------- -- - ---------
11 State E]Federal $
. ......... —------- -----
I Grantee Ma tch
......... ............................. ..................................--............. ...............-......................................
Total Amount ofFundin y i-Grantee Matckr,ii an $ 240,000.00
6. Department's Grant Manager Grantee's Grant Manager
Narne: Kayci Carter Name: Maria Covelli
-------- ....................................................................................... ......... ............................... ............-
or suecessor or successor
Address: Resilient Florida Program Address: City of Marathon
2600 Blair Stone Road,MS235 9805 Overseas Highway
.......... . ......... .......................... .. .................. ---- - I................... ..............................................
Tallahassee,Florida 32399 Marathon,Florida 33050
Phone: 850-245-8368 Phone: 305-289-4109
-- --------------
Email: Kayci.P.(",arterr4)Flor°idal)EII.gov Email: covelffirl(q)ci.marathon.flus
7. '['he Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference: --..- ...... ...........
Ix-1 Attachment 1: Standard'Fenns and Conditions Applicable to All Grants,Agreernents
--.............--................ ...........
C-il Attachment 2: Special Terins and Conditions
.......................................................................................................................................................... ............. .............—......................................................................................................................... ..............................................................................................................
9 Attachment 3: Grant Work Plan
51) Attachment 4:Public Records Requirements
....................... ................. ............ ...... ........--..............
EiJ Attachment 5: Special Audit Requirements
..............
F2!1 Attachment 6: Prograrn-Specific Requirements
..........
11 Attachment 7:Grant Award Terms(Federal) *Copy available at hup,,/Mwts fkJk coin,m aCCWrdatice w)th§215 985,FS,
.................................. ..........................................................................................................---..................- -1.111- .............................................................................................................................................................................................................................. ....................................................
0 Attachment 8: Federal Regulations and (Federal)
..------------- ............. ....................... ................
FD Additional Attachments(if necessary):
............. ............. ......- ............
EiJ Exhibit A: Progress Report Form
--..........
D Exhibit B: Property Reporting Form
............
[A Exhibit C: Payment Request Summary Form
..............................................---................................................................... ....................--- ............ .............................................................................--1..........................................................................................................................................................................
IJ Exhibit D:Quality Assurance Requirements
.................................... -------------
LI F.Ahibit E: Advance Payment Ternis and Interest Earned Merno
rion arrier or Contracted Carrier Attestation Form PUR 1808 Exhibit J: Corm
-—-----------
Add it ional Exhibits(if necessary, ):Exhibb F:Fhml Report Fo,ni,Exhibit G 11hotographtr Release Yorm,Exhibit]I I f Contractual services Cerlification,Exhibiq 1:
Vulnerabifity Assesinwent Conipliance Checkho Certification
........................ ....................................................................... ...................................---...................---................. ....................... ................................................................ ............... .....................................
DFT Agreerrient No. 22PLN65
Rev. 10/18/22
3572
8, 1 Ihre foll-.wnrll information applies to 1`e•dclal trr<ants only and is identrticraf in aCcord ante with T'R NA t tt (a)(I y
! c(JCNA6 Aanr,ard Ialaantitia;,rtIaM °w MY)bOr II ACN'
I cdefaaC Award IDaW taa Nh1pltnuna
f marl Federal I urnds Obb a cd Iiy This Air rreraraarrt
I ud eral Awaadinj?,AL,errc'ya .
Award R&D" I `r,eax I .NTJ/A
4 i �mnwmummommm mnm
l!`dp"I�d 11 N 1'.WHi�d1I18,1�1'OP' this Agreement Shall be affective oil the(late indicated by file Agreement Begirr D etc above or the
last date si Yned below,wiaielnever is later.
City of Marathon
G1tAl"t`f V19,
Fly
("I1-iihoIr Ira< Date Signed
Luis Golaa.alex,Mayor
pi nnt Nann�re and Title 01`l't,r�sean yar� rrarr
Mate of`1,loa-idsa De nartmellit of roaaaanenfal 1'r-otection DIAIA1 1(V1EN 1
BY 4/14/2023
.._.
Secretary or Designee Dater Signed
Alex Reed, Director of the Office of 1fesilienc.e and t;oastal Protection
Print Name,and Title of,Pei—soil i.;rurn
[,�] Additional signatures attached oil sxpaarate.page.
DIT A fruentent No. 22p1..N6S
It e.ay. I t)f i ItII fr
3573
O C P Additional Signatures
:7C :;rrrt rrnar, yeCarter
....... _ ._..__.....
DEP QC Reviewer, Jeremy Jimenez
Grantee may add additional signatures below, ifneeded.
UNNESUMMOM
3574
STATE,OF FLORIDA
DEPAR'I'MEN'I'OF'ENV IRON MEN'I'Al.,PRO'FECTION
STANDARDTERNIS AND CONDITIONS
APPLICABLE TO GR ANT AGREENUENTS
ATTA(AIMENTI
1, Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof'and supersedes all prior
agreernents, whether written or oral, with respect to such subject matter. Any terms and conditions included oil
Orantee's forms or invoices shall be null and void.
2. Grant Administration.
a, Order ol'Pre cede nce. If there are conflicting provision,;among the documents that make up the Agreement,the
order of precedence for interpretation of the Agreement is as follows:
L Standard Grant Agreement
ii, Attachments other than Attachment 1,in numerical order as designated in the Standard(Irant
Agreement
iii. Attachment 1,Standard Terms and Conditions
iv. The Exhibits in tire order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication among the parties,including all notices, shall
be obtained by or sent to the parties' Grant Managers, All written communication shall be by electronic mail,
(J.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt,a courier service delivery receipt,other iriail service delivery receipt,or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If'a diffierent,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 arnendrrient or change
order to the Agreement.
d. This Agreement inay be amended,through a formal amendment or a change order,only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(1)an increase or decrease in the Agreement funding amount;
(2)a.change in(.1yrantee's match requirements;
(3)a change in the expiration date of the Agreernent; 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(2('%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1)task tinlefines within tire current authorized Agreement period change-,
(2)the curnulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work
Plan,are less than twenty percent(20%)of the total budget,is last approved by Department;
(3)changing the current funding source as stated in the Standard Grant Agreement;and/or
(4)hind transfers between budget categories for the purposes oftneeting match requirements,
This Agreement may be amended to provide for additional services ifadditional Funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
1 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 ternis arid conditions.The Grantee shall be eligible;
for reirribursement 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 perf6rined prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
Attachment I
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4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other-units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables rnay be cornprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perforn't 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 flr& (1)the services will be performed by qualified personnel; (2)the services will be ofthe
kind and quality described in the Girant Work I'lan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly intringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(5)its
employees,subcontractors,arid/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department,fibi,work done at the ProJect Location(s),The Department reserves the right to investigate
or inspect at arty time to determine whether the services or qualifications offered by (irantee rneet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance ofa particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables,
a. Ace Process. All defiverab es must be received and accepted in writing by Department's Grant Manager
before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding,within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
deliverables within 30 ditys,of'receipt,they will be deemed rejected,
lb. Bgj.e.ct-io.n..-of'D.el-i.vera-bles.. The Depart rient reserves the right to reject deliverables,as outlined in the Grant
Work Plan,as incomplete, inadequate,or unacceptable due,in whole or in part,to Grantee's lack ofsatisfhctory
performance tinder the terms of this Agreement,The Orantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. I'layment for the rejected deliverable will riot be issued unless the; delive
rable era ble is niade
J J
acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may
allow additional firne within which Grantee may rernedy, the objections noted by Deparlirwrit.The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute air
event of defhuh-
7. imancial Consequences for Nonperformance.
a. Withhold ?kpg P AY merit. In addition to the specific consequences explained in the Grant Work Plan arid/or
Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
-------------------
lf'Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1%for each
day the deadline is missed,unless an extension is approved in writing by the Depm-trnent.
c. Colri,.c.ct.,i,vc,.,A,,c..ti.on,,11,1,,I.a.n. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specific(]
tirnefrarne, Departrnent may, in its sole discretion, request that a proposed Corrective Action Plan ((.,AP,) 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 arid performed in no more than sixty (60)calendar days.
L 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 CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CA13 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 ol'a CAP as specified above may result in Departinent's termination of
this Agreement for cause as authorized in this Agreement,
iL Upon Department's notice, of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance ofthe 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 deficiericies by Grantee, Department shall retain the right to
Attachment 1
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require additional or further remedial steps, or to terminate this Agreement for failure to perforill.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance, The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress ofthe CAP will be made to
Departirient as requested by Department's Grant Manager.
HL Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
& Payment.
a. Pa nicrit Process. Sub ect to the terms a on and conditions,established by the Agreement,tile pricing per deliverable
J
established by the Grant Work Plan,and the billing procedures established by Department,Deparfinent agrees
to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes(F.S.).
b. 14,x,c0,Thc Department is exempted frorn 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 rise taxes,or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department.The(Irantee shall not use Department's exemption number in securing such materials.The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting ftorn this
Agreement,
c. Maximum Amount A reernent. The maximum arnount of compensation under this Agreement, without an
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reirnbursernerit for Costs.Tire Grantee shall be paid on a cost reimbursement basis Tor all eligible Project costs
..................................... —11 ..................
upon the corrilfletion, submittal, and approval of cash deliverable identified in the Grant Work plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reirribursement,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:
idacfio,conid.)�v kion/A SoateFx enc it gres,p°jf
-P
e. fln,yoillle-IDI'le't'a,ile, All charges for services rendered or for reirribursennent of expenses authorized by Department
pursuant to the Grant Work Plan shall he submitted to Department in sufficient detail fior a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice f3epartment for deliverables that are completed in
accordance with the Grant Work.Plan.
f. 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, Linal flayrrlgL qfke ,L,A final payment request should be submitted to Department no later than sixty(60) days
_gqll�Ls
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 befbre the expiration date of the
Agreement.
h. AnnuaLA.pprgilriation Cont in pa. The States performance and obligation to pay tinder this Agreement is
contingent upon, an annual appropriation by the Legislature. This Agreement is not a COnlinifirient of future
appropriations. Authorization for continuation and completion of'work, and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of' Administration. To obtain tire applicable interest rate, please refer to:
j. -qj ArIrqgI Any balance ofunobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
tinder the terms of the Agreement must be refunded to Department.If'_this A r gla ratJs funded with federal funds
and the De artrn n is r quired to refund the federal goygn!neI!t,..!he Grantee shall refund the De artment its
- P.. . g.1 g .—P
share of those funds.
........................................................
9. Documentation Required for ost Reimbursement Grant Agreements arid Match.
If("ost Reimbursement or Match is authorized in Attachment 2,Special Terrils and Conditions,the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements fear the fbilowing budget categories:
Attachment 1
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a. Sala W, .0. Grantee shiall list personnel involved, position classification, direct salary rates, and hours spent
I I Y� __n I
on the Project in accordance with Attachment 3, Grant Work Plan in their docunientation for reirribursernent or
match requirements.
b. Overhead/1'rid'irect/G'e"ner'al a,nd A,dr,T,i"i,r,i,is,t,r,ati,ve C,osts., If Grantee is being reimbursed for or clairning match for
mm.multipliers, all multipliers used(i.e.,fringe benefits,overhead, indirect, arid/or general arid administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of
written notification.Interest shall be charged on the excessive rate,
c. Contractual Costs (5ghg9n114 tpys Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that. required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate
per hour, and hours spent on the Project. All eligible ITIUltipliers used (i.e,, fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. Ifl3epartnient determines that multipliers
charged by arty subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. N011COnSUrnable and/or nonexpendable personal property or equipment costing$5,000 or more purchased
fbi,the Project under as subcontract is subject to tire 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
subcontracts issued under this Agreement,if any,irnpose this requirement,in writing,on its subcontractors.
L For fixed-price (vendor) subcontracts, the following provisions shall apply: 'rhe Grantee may
award,on a corripetifive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grain, Work Plan. Invoices submitted to Departirrient for fixed..
price subcontracted activities shall be supported with a copy of the su been tractor's invoice and as
copy of tire tabulation forni 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.'rhe 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 frorn Department's Grant Manager of' the fixed price
negotiated by Grantee, The letter of"request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. LJpon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the I ixed-price subcontract.
it. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
28T055, F.S. or, the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements,
cl. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Dire A-Pur f ase E i i i tit, For the purposes ofthis Agreement, Equipment is defined as capital outlay costing
- _-K I- c I__, D,
$5,000 or mores. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Deparinient, 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 offwqqJ,p,rq_i e r,rt, Match or,rei m bursern exit requests for rental/lease of equipment must include copies
of,invoices or receipts to document charges.
g. M. iscellaneous/0ther,ExpL s. If miscellaneous or other expenses, such as materials, Supplies, non-excluded
......................... pse_
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department
shall not reimburse any of the following types of'charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or
equipment.
h. La qy�nd Aci
-----------_ tji1Jo.rr1..Reirnburserrient for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreernents, or other site access,
agreenrents;and/or obtaining record title ownership of'real property through purchase)must be supported by the
following, as applicable: Copies of Property Appraisals, 1"'..'nvironinental Site Assessments, Surveys and Legal
Attachment 1
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Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, kising
Staternents/Docurnents, Deeds,Leases,Easements,L,icense Agreements,or other legal instrument docurnenting
acquired property interest and/or rights. If land acquisition cost;are used to niect match requirements, Grantee
agrees that those funds shall not be used as triatch 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 Exidbit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period,problems encountered,problern resolutions,scheduled updates,arid proposed work for the next reporting
period. Quarterly status reports are due no later than twenty (20)days fiollowing the completion of the quarterly
reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
31, June 30, Septernber 30 and December 3 L The Department will review the required reports submitted by
Cy'rantee within thirty(30)days,
It. 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 ttie work performed
tinder this Agreement up to the niaxinium percentage described in Attachment 2,Special Terrils and Conditions.
Retainage,may be withheld From each payment to Grantee pending satisfactory completion of'work and approval
of all deliverables.
b. If Grantee fails to perf6rin the requested work,or tails 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 riot
limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. 'Phe Department shall provide written notification to Grantee of flies failure to perform
that shall result in retainage forfeiture. Ifflie Grantee does riot correct the failure to perform within the tinleframe
stated in Department's notice,fire retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the; retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage hold in accordance with the invoicing
procedures under this Agreement-
11 Insurance.
a. In R s ., q antees...and/or Subcontractors. The Grantee shall require its sub-grantees
.......... -Gr...
and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms arid limits as
described in this Agreement. "The Grantee shall require all its sub-grantees and/or subcontractors,if any,to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement, S ub-gran tees and/or subcontractors must provide proof of insurance upon request.
b. Deduct-O lqs, The Department shall be exempt front,and in no way liable for,aury surns of nroney representing a
deductible in any insurance policy. The payment of'such deductible shall be the sole responsibility afore
Grantee providing such insurance.
c. Proof o.f1psurance, Upon execution of this Agreement,Grantee shall provide Department documentation
demonstrating the existence and arnount for each type ofapphcable insurance coverage prior to perforniance of
any work under this Agreement- Upon receipt ol"writterr request from Department,Grantee shall furnish
Departrnent with proof of'applicable insurance coverage by standard form certificates of insurance,a self.
insured authorization,or other certification of self-insurance,
d. jjqty
P._
tain C 9Y QE In the event that any applicable coverage is cancelled by the insurer for any
_---__.. _
reason,or if Grantee cannot get adequate(,,overage,Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforining to the requirements herein and provide
proof of such replacement coverage within ten(10)days after the cancellation of coverage.
e. Insurance"frost„ If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add
...........
the Department of Environnrental Protection,its ernployees,arid officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination,
a Termination for Convenience, When it is in tire 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
notify Grantee of the termination for convenience with instructions as to the effective(late 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 Agrcernerit within thirty(30)days of the efflective date of termination, The
Department shall riot pay any invoices,received after thirty, (30)days of the effective date oftermination.
Attachment 1
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Rev, I 1/14/2022
3579
is Termination fin,Cabs The Department inay terminate this Agreernent ifany of the events ofdefault described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations tinder this Agreement.If;after tertrimation,it is deternimed that Grantee was not in default,or that
the default was excusable,the rights and obligations of the parties shall be tire,same as if the termination had
been issued for the convenience of Department.The,rights and remedies of'Departnient in this clause are in
addition to any other rights and remedies provided by law or tinder this Agreement-
c. GranteeOHLY, !.,i(.)ns�gp, ij Notice ofTermination. After receipt of a notice of termination or partial termination
..............- �L ............... .........................................I
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
riot terminated. If the Agreernent is terminated before perforniance is completed,Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated, The Grantee shall not be entitle cl to
recover any cmicellation charges or lost profits.
d, Continuation of.PrQ ..!�rvices. If Department has paid for any services prior to the expiration,cancellation,
1-11.1".......................................................- gW_5 ........................
or termination ofthe Agreement,Grantee shall continue to provide Department with those services for which it
has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
Transition of'Services Uppl�Rr!n-inatfi,q!2_,_,Ex ir jo i or ancellation of'Q,e A cenient, I t'services provided
� -—.1- ___p_qt -2 ............- -..............................
under the Agreement are being transitioned to another provider(s),Grantee shall assist in the sinooth transition
of'Agreernent services to the subsequent provider(s). This requirement is at a rninimurn all affirmative
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant
Work Plan, The Grantee shall not perform any services after Agreement expiration or termination,except as
necessary to complete the transition or continued portion of the Agreement,ifany.
14. Notice of Default.
If Grantee defaults in the perforamnee of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Gyrantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default, and Department may terminate the Agreement effective as ofthe date of'receipt ofthe default
notice.
15. Events of Default.
Provided such faHure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events,acts,or ornissions,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 perf6rm the minimal level of"services required for a defiveraNe,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 abandonnient of"the Agreement;
b. The commitment of any material misrepresentation or ornission in any materials,or discovery by the Department
of such,made by the;Grantee in this Agreement or in its application for funding;
c. Failure to subinit any ofthe reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information;
d. Failure to honor any term ofthe Agreement',
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of arl order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or inaterials, 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;
fr. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Departnient adequate
assurances,reasonably acceptable to Department,of its continuing ability art(]willingness to full"HI its obligations
tinder the Agreement:
i. Entry of an order for reliefunderTitle I I of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
Attachment Y.
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Rev. 11/14/2022
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iv. An action by Grantee tinder any state insolvency or similar law for the purpose of"its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
'I"he Department may, in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is
in the best interest ofthe State to do so.'rhe Department shall provide Grantee written notice outlining the particulars
of'suspension. Examples of reasons for suspension include,but are riot 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,Deparltrient shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resurne; or (2) terminate the Agrectncru, If the Agreement is
terminated after 30 days of suspension,the notice of suspension shall be deerned to satisfy the thirty(30)days'notice
required for as notice ofterinination for convenience, Suspension of work shall not wititle Grantee to any additional
compensation.
17. Force Majeure.
J'he Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of'Grantee or its ernployees 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 iftio alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing ofthe delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay Could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE'FIIE GRANTEE" S SOLE, REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for darlyrages,other than for an extension of time,shall be asserted against Department. the,Grantee shall not be
entitled to air 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 front 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, artless Department deternthres, in its sole
discretion,that the delay will significantly impair the value of the Agreernent to Department,in which case Department
may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants prefiereritial treatment
to Department with respect to products subJected to allocation; (2) contract with other sources(without recourse to
and by Grantee for tire 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. 'fhe Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions,damages,and costs of every name and description arising from or relating to:
L personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by('4antee,its agents,employees,partners,or subcontractors;provided,however,that Grantee
shall not inderrinify for that portion of any loss or damages proximately caused by the negligent act
or ornission of'Department;
it, the Grantee's breach of this Agreement or the negligent acts or emissions of Grantee.
b. fire Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (I)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 cornpromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for, the
negligent or wrongful acts of'its employees and agents. however, nothing contained hercin 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 as state agency or subdivision of the State to be stied by third parties in any matter
arising out of any contract or this AgreernenL
Attachment 1
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d. No provision in this Agreement shall require I)epartment to hold harmless or indemnify(Irantee,insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under tire laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Departrnent's liability for any ciaurk arising from this Agreement is linrited to compensatory damages in an amount
no greater than the sure ofthe unpaid balance cif 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.
Nothing in this Agreement shall be construed to make Grantee liable for force niajeure events. Nothing in this
Agreement, including financial consequences fior nonperformance, shall linift Departmoit's right to pursue its
remedies for other,types of darnages under the Agreement, at law or in equity, The Department may, in addition to
other remedies available to it, at iaw or in equity and upon notice to Grantee, retain such monies frorn anrourns 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 Deparfarent to exercise or enforce any of its rights under this Agreement shall not constitute
or tie deerried a waiver of'Deparbirkent's right thereafter t.o enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or ftirther exercise thereof or the exercise of any other right-
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act, If Grantee/subcontractor knowingly employs unauthorized
aliens,such violation shall be cause for unilateral cancellation of this Agreernent.The Grantec shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement,
b. Pursuant to Sections 287.133,287.134,and 287.137 F,S.,tire hollowing restrictions apply to persons placed on
the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list:
L Public Entity._Ctirne. A person or affiliate who has been placed on the convicted vendor list
..—........................
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with an public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases of'real property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant kinder a contract with any public
entity; and may riot transact business with any public entity in excess of the threshold amount
provided in Section 297.017, F.S., for CATEGORY TWO for a period of36 months following the
date of being placed on the convicted vendor list,
ii. Discriminator c minatory vendor
-........... An entity or,affiliate who has been placed on the dis ri
list may riot 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 riot submit bids,proposals,or replies
on leases of real property to a public entity; may riot be awarded or,perform work as a contractor,,
supplier,subcontractor,or consultant under a contract with any public entity;and may not transact
business with any public entity.
iii. Antitrust.V.j.ol4to.r.Vs.rroors,A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may riot
submit a bid, proposal,or reply on any contract to provide any good or services to a public crrtity;
may riot submit a bid,proposal,or reply on any contract with a public entity for the construction or
repair of a public building or public work;may riot 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,
subcontractor,or consultant under a contract with a public entity;and may not transact new business
with a public entity.
iv. Notification, 'Fire Grantee shall notify Departynenk 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 fifie, of the Agreement. The Florida Department of Management
Set-vices 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 L)iversity,at(850)487-0915,
Attachment 1
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23. Compliance with Federal,State and Local Laws.
a. The Grantee and all its agents shall corriply with all federal,state and local regulations,including,but not limited
to, nondiscrimination, wages, social security, workers" compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in„be denied the proceeds or benefits of,or be otherwise subjected to discrimination
in performance of this Agreement.
c, 1"his Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning perforrilance of the Agreement shall be processed as described herein, Jurisdiction fog
any damages arising tinder the terms of the Agreement will be in the courts ofthe State,and venue will be in the
Second Judicial ('11iretlit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement,
24. Build America,Buy Arnerica Act(BABA)-Infrastructure Projects with Federal Funding.
This provision does riot apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision(toes 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.
11'applicable,Recipients or Subrecipients of an award of Federal financial assistance Itorn a prograrn for
infrastructure are required to comply with the Build America,Buy America Act(BABA), including the
following provisions.
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes,
frorn tire 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 manufhetured
product was manufactured in the United States;and the cost of the components of file rnartUfactured product
that are ruined,produced,or manufacti,ired 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(.)ruled States-this means that all manufacturing processes for
the construction material occurred in the I.Jilited 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 ofthe
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.
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.l 35,F&,the Department rnay immediately terminate,this Agreement at its sole
option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement,
b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Section 287.135,F.S,the Department may irranediately terminate this Agreement at its sole option if the Grantee
is found to have subinitted 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 Petroleurn 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(18),f S,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative,
26, Lobbying and Integrity.
'file 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
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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&
27. Record Keeping.
The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in
accordance with I.Jinted States generally accepted accounting principles(LJS GA AP)consistently applied. The
Def.marnent, the State,or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five(5)years following the completion date or termination of the Agreement, In
the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Departu'rCat'S Inspector General,or other authorized
State official,Grantee shall provide any type of information the Inspector Gerwral deerns relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to,Grantee's business or financial
records,docurrients,or files of any type or form that refer,to or relate to Agreement,The Grantee shall retain such
records for the longer ol'(I) three years after the expiration of the Agreement;or(2)the period required by tire
General Records Schedules maintained by the Florida Department of"State(available at:
2& Audits,
a. uxu,pawc fags QKjjgE41. "flic 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. 'Fhe Grantee will comply with this
duty arid ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing,on its sub-grantees and/or subcontractors,respectively.
b. P..I.I.y,s.i.(.,.,a,l...A.c.,c,e,s.s a.pd...lqsP.c.g!i,o,n,, Department personnel shall be given access to and may, observe and inspe,,et
work being performed under this Agreement,with reasonable notice and during normal business hours,including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents;
iL Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and,
iii. (.3rantee shall allow and facilitate sampling and nionitoring 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 Agreernent.
c. 59 ial.Audit Rpqgirements, The Grantee shall comply with the applicable provisions contained in Attachment
5,Special Audit Requirements. Each arnendirient that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit I to include
in each amendment that authorizes a t1inding 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 I and determine whether the terms of Federal arid/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that ofa subrecipient or vendor, For State financial assistance,Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (f6rm
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
d. Erolof of,rr,a.T.i..s,,ac.t,io,,n,s., In addition to documentation provided to support cost reimbursement.as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidefines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements f6r federal programs can be found under 2 CFR
200. 'the Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30)days of such request,
e. No_C.9m,ln.jrig1u1g of Funds, The accounting systems for all Grantees must, ensure that these funds are not
commingled with funds frorn other agencies. Funds fi-orn each agency must be accounted for separately. Grantees
are prohibited from cornmingling funds on either a program-by-prograrn or a project-by-project basis. Funds
specifically budgeted and/or received for one prqject may not be used to support another protect. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a systern to provide adequate fund accountability for,each project it ties been awarded.
Attachment I
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i. If Department finds that these funds have been commingled, Department shaH have the right to
demand a refund,either in whole or in part,ofthe funds provided to Grantee under this Agreement
for non-comphance with the material terms of this Agreement. The Grantee,, upon such written
notification frorn 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 (A'Adnilnistration. Interest si'mil he calculated firorn the date(s) the
original payrrient(s) are received from I)epartment by Grantee to the date repayrnent is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, frorn another source(s), Grantee shall reirriburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payinent(s) are recovered by Grantee to the (late repayment is
made to Department.
iii. Notwithstanding the requirernents of this section, the above restrictions on commingling funds do
riot apply to agreements where payments are made purely on a cost reimbursement basis.
29. Conflict of interest.
The Owitee covenants that it presentiy has no interest and shall not acquire any interest which would conflict in any
manner or degree with the perft,)rrnance of services required.
30. Independent Contractor,
The Grantee is air independent contractor and is not an employee or agent of Department.
31. Subcontracting.
a, Unless otherwise specified in the Special Terns and Conditions, all services contracted for are to be performed
solely by Grantee.
b, The Department rnay,for cause,require the replacernent of any Grantee employee,subcontractor,or agent, F'or
cause,includes,but is not limited to,technical or training qualifications,quality ofwork,change in security status,
or non-compliance with an applicable Departnient policy or other requirement.
c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee
employee, subcontractor,or agent,
d. The Department's actions under paragraphs b. or c,shall not relieve Grantee of its obligation to perform all work
in cornphance with the Agreement.The Grantee shall be responsible for the payrnent of all monies due under any
subcontract,The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee: shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will riot deny Grantee's employees, subcontractors, or agents access to ineefings within tire
Department's facilities,artless the basis of'Department's denial is safety or security considerations.
f', The Departirrent supports diversity in its procurement prograin and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically, The award of'subcontracts should reflect tile full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)4870915
g. The Grantee shall riot be liable for arry excess costs for a failure to perf6rin,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the,cause of the default is completely beyond the control of both
Grantee and the subcontractor(s),and without the fault or,negligence of either,unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet tire required delivery
schedule,
32, Guarantee of 11arent(.'ownpany,
It'Grantee is a subsidiary of anoffier corporation or other business entfy,Grantee asserts that its parent corrilu-iny will
guarantee all ofthe obligations of'Grantee for purposes of fulfilling the obligations ofAgreernent. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be as requirement of sale that the new
parent company guarantee all ofthe 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
public records,shall survive termination,cancellation,or expiration of this Agreement-
34, Third Parties.
The Department shall riot be deerned to assurne any liability for the acts, failures to act or negligence of'Grantee, its
agents,servants,and ernployees,nor shall(frantee disclaim its own negligence to Department or any third party. ]'his
Attachment I
11 of 12
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3585
Agrectnern,does not and is not intended to confer any rights or rernedies upon any person oOwr than the parties. 11'
Deparltnent 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 tinder this Agreement.
35. Severability.
If a court of'corripetent jurisdiction deems any terra or condition hexcin void or unctiforceable,, the other provisions
are severable to that void provision,and shall rernain in Fult force and effect,
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
technical certification or other proof of qualification.All employees,subcontractors,or agents performing work tinder
Agreement most c.ornply with all security and administrative requirements of Department:and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
37. Assignment.
The Grantee shall not sell, assign,or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event
ofany assignment,Grantee remains secondarily liable for performance ofthe Agreement,unless Department expressly
waives such second,,," liability. Fhe Department may assign the Agreernentwith 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,
annually receive 50%or more of their budget frorn the State or from a combination of State and Federal funds,the
Grantee shall provide an annual report, including the most recent IRS Forin 990, detailing the total compensation for
the entities'executive leadership tearns.Total compensation shall include salary,bonuses,cashe.d-in leave,cash
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
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
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STATE OF FLORIDA
DEPARTMENTOF ENVIRONMENTAL,PROTECTION
Special Terms and Conditions
AGREEMENTNO.
I
ATTACHMENT2
These Special Terms and Conditions shall be read together with general terrns outlined in the StandarriTerms and
C onditions,Attachment I Where in conflict,these rnore specific tenns shall apply.1. Scope of Work.
The Project funded under this Agreement is The Project is defined in more detail in
Attachment 3,Grant Work Nan.
2. Duration.
a. R'giry-i-b"u-rsement Per"i"o-d The,reimbursement period for this Agreement is the sarne as the term of the,Agreement.
b� Extensions. There are extensions available for this Project.
c. 5 ei'vic-e Veriod_s,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.
3. Payment Provisions.
a. Corn11qr!sqtJon,This is a cost reimbursement Agreernent.The Grantee shall be compensated under,this Agreement
as described in Attachment 3.
b. I"nvoi,cing,Invoicing will occur as indicated in Attachment 3.
C, Advance.PI. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to rnect matching requirerntnts shall be limited to tile f6ilowing
budget categories,as defined in the Ret.crence Gluide for State F"Apenditures,as indicated:
Reirnbursernent Match Ca my
.......... ..........
L-1 F J Salaries/Wages
(:Overhead/Indirect/General and Administrative Costs:
a. Fringe Benefits,N/A,
E-1 El b. Indirect Costs,N/A.
FD lontractual(Subcontractors)
T'ravel,in accordance with Section If 2,F.S.
Equipment
l"11 D Rental/Lease of'Equipment
0 r3 M ml iscellans/Orher Expenses
_
I Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement,
6. Land Acquisition.
There will be no L,and Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the pact of the Grantee under this Agreernent.
8. Insurance Requirements
fncqkjired Cove[aage, At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terrns and limits described below. '['he firnits of coverage under each policy
Attachment 2
1 of 2
Rev.8/19/2021
3587
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations Linder tile
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 estabfished and operating Linder tile
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,
however the'mini-in"u"in insurance requirements applicable to this Agreement are:
a. Commercial
........................................
I'he 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 narned as
an additional insured on any general liability policies. The, minimum linifts, 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, tire Grantee shall maintain automobile
liability, bodily injury,and property datriage coverage. Insuring clauses for both bodily injury and property
daniage shall provide coverage on an occurrence basis.The Department,its ernployees,arid officers shall be
trained as an additional insured on any automobile insurance policy. The minimum limits shall be as ftdlows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles, if'applicable
$200,000/300,000 Ifired and Non-owned Automobile Liability Coverage
c, Wor,keis',Co np,,,11,�,,ItioIi,and.E�ii I ygfA In 'j jja t�ly_(�
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy
aggregate, Stich policies shall cover all employees engaged in any work under the Grant.
d. Other Insurance.None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements tinder 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 Deparfinent'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 tile Department prior to submitting any invoices for
subcontracted work. Regardless ofany subcontract,the Grantee is ultimately responsible for all work to be
performed tinder this Agreeinent.
12. State-owned Land.
'rhe work will not be performed on State-owned land.
13. Office of Policy an(]Budget Repoiling.
There are no special Office of Policy and Budget reporting requirements for this Agreement,
14. Additional Terms.
I)ocLitTietitaryL,videnceft4irementf'orSLibcontractor(s), If any work associated with this Agreement is cornpleted
...............
by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit docurnentary evidence (e,g,,
workshop agendas; meeting recordings) to Grantee derrionstrating that the, subcontractor(s) has fully performed its
Project obligation(s).The Grantee shall forward copies ofall 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).
Attachment 2
2 cif 2
Rev,8/19/2021
3588
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PRO"I'ECTION
GRANT 'OR K PLAN
AGRE EMENT NO,22PLN65
ATTACHMEN'T3
PROJECT TITLE: City ofMarathon Vulnerability Assessirient and Adaptation Plan
PROJECTLOCATION: 'riie Prqject is located in the City of Marathon within Monroe County, Florida,
PROJECTI)ESCRIPTION:
The City of Marathon(Grantee) will complete the City of`Marathon Vulnerability Assessment (VA) and
Adaptation Plan Project(Project)to update the existing Vi,ilnerability Assessment(VA)pursuant to Section
380.093(3)(d), Florida Statutes (F.S.)and develop an Adaptation Plan (All).
TASKS AND DELIVERABLES:
Task NKick Of Mee i
Description: The,Grantee will develop an overall project rnanagernent plan arid address initial actions and
then conduct as kick-off meeting for the project. Meeting attendees will discuss the project scope, project
goals, schedule, key milestones, and deliverables in order to develop a consistent project approach. 'The
kick-off meeting will be hosted by the Grantee and should identify potential representatives to serve on the
project steering corm-nittee, prior to the meeting, the Grantee will prepare the sign-in sheet, draft project
schedule, and other meeting;materials as necessary. The Grantee will prepare a draft list of"representatives
to serve on the project, steering committee. It is recommended that the corranittee be hinited to no More
than 10 representatives to better manage meeting outcomes.
Deliverables: The Grantee will provide the fbHowing: 1) a. draft list ofsteering committee members; 2)
kick offineeting minutes,which documents all decisions and agreed upon outcomes of the meeting„arid 3)
a drall email to potential steering committee rnembers to request their participation on the committee, 'the
email shall include the project purpose, goals, schedule, project meeting dates and locations, and overall
desired outcomes.
...a..s.....k..........2........:-FnalVulnerabili ...........s.....s.....e.s...sm.. ent Rcpqt, sse t........I.....n. eq! � .M)%Areand Sensitivity rnaaIysis
and Ad
..................
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 ofdata are required to perform a
VA: I)critical and regionally significant asset inventory,2)topographic data,and 3)flood scenario-reWed
data. GIS metadata should incorporate a layer for each of the lour asset classes as defined in paragraphs
380.093(2)(a) 1-4, F.S. Sea level rise projection data shall include the 2017 NOAA interinediate-high and
intertnediarre.-low Pr0JeCt'i()JJS Jor 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 I 00--year return period (19/6
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 rectif" any gaps of necessary data to the extent practicable. 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
DEP Agreernerar No,: 22PL,N65
Page I of
Rev.2.11.22
3589
the following data: tidal flooding, current arid future storrri surge flooding, rainfall-induced flooding, arid
compound flooding, all as applicable,as well as the scenarios and standards used for the exposure analysis
shall be pursuant to s.380.093,F.S 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 ext)OSUre analysis. The sensitivity analysis should include air evaluation ofthe impact
of flood severity on each asset type and at each flood scenario. The (3rantee will finalize the VA report
pursuant to the requirements in s. 380.(t93, F.S. and based upon internal comments and outreach efforts.
The final VA niust include all results from the exposure arid 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. All GI S files
and associated inetadata niust adhere to the Resilient Florida Prograin's GIS Data Standards (Exhibit 1),
and raw clata sources shall be defined within the associated inctadata. The Grantee will also develop an All
that will be incorporated into the VA. 'I"he All will be consistent with the Florida Adaptation Planning
Guidebook and includes the following:assessment ofadaptive capacities,prioritization of adaptation needs,
and identification of adaptation strategies. The Grantee may also include optional subtasks such as
identifying adaptation action areas,stakeholder engagement, and integrating the proposed AP into existing
APs, The AP will also h-WILide a list of prioritized projects for cacti asset class as defined in subsection
3WO93(2), 17.S., lot-consideration and irriplenrentation,
Deliverables: The Grantee will provide the following: 1) GI S files with appropriate metadata ofthe data
compiled, to include locations of critical assets owned or maintained by the, Grantee as well as regionally
significant assets that are classified arid as defined in paragraphs 380.093(2)(a) 14, F&;2)GIS files with
results cil"the exposure and sensitivity analysis for cacti flood sceriario as well as the appropriate metadata
that identifies the methods used to create the flood layers;3)as final list of critical arid regionally sil..Ynificant
assets that are impacted by flooding,which must be prioritized by area or immediate need and Must idelltily
which flood scenario(s) irnpacts each asset; 4) Final VA Report that provides details on Ifie results and
conclusions, including illustrations via reaps arid tables, based on the statutorily-required scenarios and
standards in s. 380.093, F,S. The Final VA Report should also include the fbilowing: outline the data
compiled and the f ndings of the gal)analysis with recortirriendations to address the identified data gaps,and
any actions taken to rectify them, if'applicable; provide details on the modeling process, type of models
utilized, and resulting tables and maps illustrating flood depths for each flood scenario; and the final API-
and 5)a signed VA Compliance Checklist.Certification,
Task 3: ect Administration
(Description: The Grantee will perforin project administration, to include project scope of work
deterrinnartiorl,planning arid development of proposed project(s),design consultant direction and oversight,
meetings with design professionals arid construction contractor(s) and overall project coordination an(]
supervision.
Deliverables- The Grantee will submit project administration and management reports signed by the
Grantee's Giant Manager, to include a summary of project administration activities, proposed project
scopes of work,and meeting minutes.
PERFORMANCE MEASURES: The (Iraritee will submit all deliverables for each task to the
Department's Grant Manager on or before the '"Fask Dite [)are listed in the Project Timeline, The Grantee
171LIst also Submit EXhibit A, Progress Report Forni, to the Department's (it-ant Manager, with every
deliverable and payrrient request. For interim Payment requests, F"xhibit A may serve as the deliverable for
n a task. The Department's Grant Manager will review the deliveraWe(s) to verify that they meet the
specifications in the Grant Work Plan arid the task description,to include any work being performed by any
DEP Agreenrent No.:22P1.,N65
Page 2 of'3
Rev.2.11.22
3590
subcontractor(s), and will provide written acceptance or denial ofthe deliverable(s) to the Grantee within
ten (10)working days. Upon written acceptance by the Department's Grant Manager,of deliverables under
the task, the Grantee may proceed with the payment request submittal.
CONSEQUENCES FOR NON-PERFOIRMANCE: For each task deliverable riot 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
Arnount(s)paid to Grantee in proportion to the percentage of tire deliverable(s)not fully completed and/or
submitted to the Departmerit in as timely manner.
PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee
may submit a payment request for cost reirnbursement using both Exhibit A, Progress Report Form, and
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
reCILICSt period,and Exhibit C. Upon the Department's receipt.oftl`xhibit,A and C,along with all supporting
fiscal documentation and deliverables,the Department's(3rant Manager will have ten,(10)working days to
review and approve or deny tire 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-reirnbursable grant Funding
inust riot exceed the,budg,el ainounts indicated below, Requests for any change(s)must be submitted prior
to the current task due date listed in the Pr(rpect "I'irneline. 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.
mm ----------------------------- --.--------------- ---------- ----------------- ------------
Task Task Title Budget DEII' Match Total Task Start Task Due
No. Cate yy Arnount Amount Date Date
_.____A!nount
I Kick OffMeeting Contractual $22,100 so $22,100 7/1/2021 3/31/2024
Services
Final Vulnerability
Assessment Report, Asset
Contractual
2 Inventory, Exposure and Services $209,900 $f $209,900 7/1/2021 3/31/2024
Sensitivity Analysis, and
Adaptation Plan
3 Project Administration Contractual Services $8,000 $0 $8,000 7/1/2021 3/31/2024
............. ............
$0 $ ..... .
rotal:...
................................................. ....... ......................... .......... ............................................------- ... ..............................-......................................
DEP Agreernent No..22PL,N65
Page 3 of 3
Rev.2.1122
3591
S11 ATE OFFLORIDA
DEPARTMEN'1`01F ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
L Public Records.
a, If the Agreement exceeds$35,000.00, and if Grantee is acting on behalf of Department in its performance ofservices
under the Agreement,Grantee must allow public access to all documents,papers, letters,or other material,regardless
of the physical f6rrn,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
C',onstitution or section 119.07(i),F.S.
b. The Department rnay unilaterally terminate the A),yreement if Grantee refuses to allow public access to Public Records
as required by law.
2, Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes ofthis paragraph, the term"contract"Means the"Agreenient," IfGrantee is a"contractor"as
defined in section 119.070](])(a), F.S.,the following provisions apply arid the contractor shall:
a. Keep arid maintain Public Records required by E)eparunent to perforni,the service.
b. Upon request, provide Department with as copy of requested Public Records or allow the public Records to be
inspected or copied within a reasonable time at a cost that does riot exceed the cost provided in Chapter 119, KS, or
as otherwise provided by law.
c. A contractor who falls to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, E&
d- E'nsure that Public Records that are exempt or confidential and exempt froul Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term arid following completion ofthe
contract if the contractor does not transfer the Public Records to Departnient.
e. Upon cornpletion of the,contract,transfer,at no cost,to Department all Public Records in possession of the contractor
or k.cep 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
Rec,ords that are exempt or confidential and exempt froin public Records diSCIOSLore requirements. If the contractor
keeps and maintains Public Records upon completion ofthe contract,the contractor shall rneet all applicable
requirernents 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 infcrrnation technology systems offlepartnient. These formatting requirement's 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'. IF711E CONTRACTOR HAS QUESTIONS RE(YARDIN("Jr THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DU'TY TO PROVIDE PIA31,1C
RECORDS RELATING TO THE C'ONTRACT, (.,'ONTACT 1-11E DEPARTMEM"S
CUSTODIAN OFPUBIAC RECORDS AT:
Telephone: (850) 245 2118
Email:
Mailing Address: Department of Environmental Protection
ATTN: Of of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of I
Rev.4/27/2018
3592
STATE OF FLORIDA
DEl"AR"I'MENTOF ENVIRONMENYAL PROTECIFION
Special Audit Requirenients
(State and Fedeml Financial Assistance)
Attachment 5
The administration of'resources awarded by the Department ofEnvironmemal Protection (which maY be rcj&rred to
as the "Department", "DEP", "FDE11"or "Grantor", or other name in the agreement)to tire recipient(which may be
rqli�rred to as the "Recipient", "Grantee"or other name in the agreement)may be SUbject to audits and/or inonitoring
by the Department of E'rivirorairental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirernents, and
Section 215,97, F.S., as revised (see "AUDITS" Wow), nionitoring procedures rnay include, but not be linlited to,
on-site visits by DEP Department staff, hinited scope audits as defined by 2 (J'°R 200.425,or other procedures. By
entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes
deeimd appropriate by the Department of U'rivironinental Protection. In the event the Department oI"Environmental
Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with arry
additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief.
Financial Officer(CFO)or Auditor General.
AUDITS
PART 1: FEDERALLY FUNDED
This part is applicable if the recipient is a Star(,,or local government or a rion-profit organization as defined in 2 CFR
§200.330
1 A recipient that expends$750,000 or mare in Federal awards in its fiscal year,n-rust have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F. EXI 11131T I to this
Attachment indicates Federal funds awarded through the Department ofErivirontnerital Protection by this
Agreement, In deternuning 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 CFR.200.502-501 An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will ineet the requirements of this part.
2. For the audit requirements addressed in Part 1,paragraph 1,the recipient shall fulfill the;requirements relative
to auditee responsibilities as provided in 2 CTR 200.508-512.
1 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 (T`R Part 200, Subpart F-A udit 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 of2 CFR 200, Subpart Fa-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.
T. The recipient may access inf6rn-ration regarding the Catalog or Federal Domestic Assistance(C'T'DA)via the
internet at mps' //smy hs ' ,vs
Attachment 5
1 of 7
13GS,DEP 55-215 revised 11/8/2022
3593
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 I to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance,including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2, In connection with the audit requirements addressed in Part 11,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.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial
assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section
215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
hl!]):Hwww..I(,"g,wl.,tLte,,.,fl,lts/Welcoi,ne/iiid(,,.X,,cfill, State of Florida's website at
Department of Financial Services' Website at f�ttl�://www.fl(,If',.,,.(,,oiIi/and the Auditor General's Websitc at
PART HI:OTHER AUDIT REQUIREMENTS
(NOTE': This part would be used to spec iA any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by federal or State laws
and is not in conflict with other P-ederal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange far audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by
or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by
2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address:
Attachment 5
2 of 7
BGS-DEP 55-215 revised 11/8/2022
3594
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
be found at lit :/Jiarvestx gqy�fiLq�y&
ij? er ens gas_ I- -—_ ��__L_S
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directl to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
'1)L,P'�i I)q;.he At.t d-i t(qLd(j,L.s t gG,
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
(The Auditor General's website jtttjj.L/fj 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
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
IT-1 FT5 iJ100 tidi state.f 1,LIS
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
3 of 7
BGS-DEP 55-215 revised 11/8/2022
3595
5. Recipients,when submitting financial reporting packages to the Departrnent oft nvironmental 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 tire date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PARTV: RECORD RETENTION
The recipient shall retain sufficient records dernonstrating its compliance with the terins of the award and this
Agreernent for-a period of five(5)years from the date the audit report is issued, and shall allow the Department of
EInvironniental Protection, cir its designee,Chief Financial Officer, or Auditor General access to such records upon
request.The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or, its designee, Chief Financial Officer,or,Auditor General upon request for a period of three(3)years
ftorn the date the audit report is issued,unless extended in writing by tire Department of Environmental protection.
Attachment 5
4 of 7
B(A-DEP 55-215 revised 11/8/2022
3596
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3598
.2
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3599
STATF OFF1,0RIDA
DEPAR'I'ME NI'OF'ENVIRONME,NI'Al,PROTECTION
PROGRAM-SPEXIIF"IC REQUIREMENTS
RESILIENTFLORIDA PROGRAM
ATTACHMEN'r 6
1 Sea.Level lrnp4�Lt. &q pursuant to
..................... If the proJect is within the designated area
Section 161.551, F.S. and Chapter 62S-7, h1orida Administralive (11 1 ode, the Grantee is responsible, for
performing a Sca Level Impact Prolection(SLIP)study an(]submitting the resulting repmt to tire Department,
The SLB1 study report must be received by tire Department,approved by the Department,and be published
on the Departinent's website for at least thirty (30)days before construction can comi n ence.Th is rule went
into effect July 1, 2021, and applies to certain state-funded construction projeets located in the coastal
building zone as defined in the rule.
2. Permits. The Grantee acknowledges that receipt ofthis 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 iniplernentation of any grant-funded activity that rimy fall tinder applicable
federal, state,or local laws. Further,the Grantee shall abide by all terms and conditions of each applicable
permit for any grant-funded activity. Upon request, the Grantee must provide a copy of all acquired and
approved permits for the project.
3. Attachment 3, Grant Work_PI performance Measures. All deliverables and reports submitted to the
Department should be subruitted electronically arid must be compliant with the Americans with Disabilities
Act,also known as"508 Cbrnpliant,"in all formats provided,
4. Q�ppAri kits Parent arid Trademark. T'he Department reserves as royalty-free, nonexclusive, and irrevocable
license to reprodijcc,s,publish or otherwise rise,and to authorize others to Use,for state government purposes:
a. The copyright in any work developed tinder this Agreement;and
b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support.
5. Grant funds rnay not be used to support ongoing efforts to comply with legal requirements, including permit
conditions,mitigation,and settlement agreements.
6. h1rAj!jj!,_ Qjqee,With the exception of audiovisuals not intended for presentation to die general public that
are produced either as research instruments or for clocurneriting experimentation or findings(unless otherwise
required under the special terms ofthis Agreement),Grantee agrees to include the Departinerit's logo(which
can be found on the Department's website at: ht1ps,//flmJd,,1('I'eq)go v or by contacting the Grant g Manaer for
a copy)on all pubHeations,printed reports,maps,audiovisuals(including videos,slides,and websites), and
similar materials,as well as the following language:
"This work was funded in part through a grant agreement from the Florida Department off"'tivironmental
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 riot
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. 11 inalj3,LqjgoA Rgpqrt.The Grantee must submit Exhibit F,FirW Pro eel Report Forin,prior to requesting final
payrneric The f1rud Project Report may be submitted in lieu of the final quarterly status report, only in
instances where the next quarterly report falls alter the project's completion date.
Rev.2.9.23
Attachment 6
Page I of
3600
8. The Gyrantee must submit Exhibit G, Photo Release Forin, with the first submission of
deliverables and reports(Exhibit A and F)that include photos.
1
9. Contractual Services. For all grant agreements that include Contractual Services as air expenditure category,
the Grantee must subirfit Exhibit 11, Contractual Services C.ertification, and all required supporting
documentation for all contractors conducting work under the grant agreement, prior to requesting payment
that includes contractual services.
10. For all planning grant agreements(Resilient Florida Grant program and Regional
Resilience Entities), (lie Grantee must submit E'xhibit 1, Vulnerability Assesmnent C.'ornpliance C',heckfist
Certification,with the final grant deliver,able(s).
11. Q,C,wqp ic lnf'c7Ujj4tion,S Y-st associated pretadata. All GIS files and associated rnetadata
must adhere to tire Resilient Florida Prograrn's CHS Data Standards(finind on the Resilient Florida Prograrn
website:
standmds),and raw data sources shall be defined within the associated rnetadata.
12, State and l,oc.a.I.Fis(,al.R,ecoverv.Fui,nds.For all grant agreements funded with the Cloronavirus State and Local
...............
Fiscal Recovery Funds (SLF'R.F')tinder the American Rescue Plan Act,the(3rantee must submit the SLFRF
Reporting Requirements Form upon execution of the grant agreernent.
Rev.2,9.23
Attachment 6
Page 2 of 2
3601
Resilient Florida Program
Progress Report For
Exhibit A.
-__w_._.
➢ ;t ray rra rrtNo.:w w?2 �µ,fi (i W..._..�....W..W..W._ __ _�w__ _.ww.. ........w_ww
_
_._
Pr(.ect Title°.... City of Marathon`��u➢n rability Asse i-nent and Adaptation Plan
Grantee Name: City est"�✓laratfrcrrt _�..�..�...� .._._ . ..._....�_._...mm�.._.�_____--___._.............
_._..._. ._._._............._......................,.........�.........,.. a���.,:.. .......,_.__ ...._.._............._........... ._._............... _.,.,.,.,_..........................................._.__................ ..._..,. ,.,.,.,.,...._...........u.
_. .. ..........Grant�e,e:..Address:
.,
rarrtees Grant ...., ...... w...... ...._............... ......._..........................................................._._..........,-.............
................................................................._._._......... ................._
_M
ele
.__ , /ll / Y ww ✓IIiCly7l)/ 1
xlC"FIt l m provide the following information for all tasks and deliverables identifiedin
Attachment 3, ('',rant Work Plan- Description of' the work perfisrrned during the reporting period,
problems encountered, prohlern resolutions, scheduled updates, proposed work for- the next reporting
period,and percentage ofthe work that has been cornplet:ed to elate.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan,
the followipg mat should be followed:
'�l:"ask-I-
Progress fort is reporting period:
Identify any delays or problems encountered:
Percentage of task completed;
Task a
Progress for this reporting period:
Identify any delays or problems encountered:
Percentage of task completed:
_............. .............m__....... .....
Task ,
Progress for this reporting period:
Identify any delays or problems encountered:
Percentage of taste completed:
... ---..----------.. __m. .
--------
Task 4:
Progress for this reporting period:
Identify any delays or problems encountered:
Percentage of task completed:
This report is submitted in accordance with the reporting requirements of the alcove DEP
Agreement No. and accurately reflects the activities associated with the, project.
w, .. ._� _.._._..._ ....... . .
..........w. .ww....................-----------
Signature c�f'(rr�rrr tee,'s Grant Manager(or successor) late
Exhibit A,DE11 A reernent 71;22PLN65
1 of t
11/1"7/202 t
3602
STATE OFFILDRIDA
DEPARTMENTOF ENVIRONMENTAL PROTECTION
RES ILIENTFLORIDA GMANT PROGRAM
EXHIBITC
PAYMENTREQUEST SI..JMM.ARY FORM
The current Exhibit C, Payment Request Summai-y Form for, the Resilient Florida Program grant
agrcements can be f6und on the Department's website at the link below, Flach payment request mnst be
submitted on the curmnt ffirryi. The Department will nofigy gantees of"any substantial changes to Exhibit
C that occur during the gant agreement period.
hups://I
4n
Exhibit C, Page I of]
Rev. 12/02/19
3603
EXHIBIT IT
DEP AGREEMENT NO.22PLN65
CITY OF MARATHON VULNERABILITY ASSESSMENT AND ADAPTATION PLAN
City of Marathon
Final Project Report
t- vD E PA R p.
o
w�
uu
Q»
Insert Month&Year
This report is funded in part through a grant agreement from the Florida Department of Environmental Protection.
The views, statements,findings, conclusions, and recommendations expressed herein are those of the author(s)and
do not necessarily reflect the views of the State of Florida or any of its subagencies.
Exhibit F,DEP Agreement#22PLN65
Page 1
5/12/2022
3604
Part 1. Executive Summary
Part 11. Methodology
Part Ill,Outcome
Inclidde evaluation q1'l.)rqjec1's abiflti,,,to meet goals and expecledpe lbrmance nwasures,andprovide explanationfi.)r
vMy goals were not met, if qp)plieable. ldenlV succes.ful oul(,-opnes, areasfi)r improvement, and quantijiable rnetric,s
as a result of the prqject,
Part IV, Further Recommendations
Instructions for completing Attachment F Final Project Report Form:
DET AGREEMENT did .:This is the number on your grant agreement
GRAWEE NAME: Enter the narne of the grantee's agency.
PROJECTATFL,l!'.: Enter the title shown on the first page of the grant agreement.
MONTH&YEAW Enter month and year of publication
The final Project Report rnust contain the following sections: Executive Surnmary, Methodology, Outcome, and
F'urther Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreernent.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
Project Report.
Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager,
identified in paragraph 18 of this agreement.
Exhibit F,DEP Agreernent 4 22PLN65
Page 2
5/12/2022
3605
01 PA ft, Florida Department of Environmental Protection
EXHIBIT G
4 0
0 PHOTOGRAPHER RELEASE FORM
QVTAI FOR PHOTOGRAPHS.VIDEOS.AUDIO RECORDINGS AND ARTWORKS
DEP AGREEMENT NO: 22PLN65
RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter's Name:
Address:
City: State: Zip:
Phone Number: Email:
License and Indemnification
I certify that I am the owner of the photograph(s),video(s),audio recording(s)and/or artwork(s)being submitted and
am eighteen(18)years of age or older.
I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to
distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the
"Work")to promote the Florida Department of Environmental Protection.Uses may include,but are not limited to:
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
connection with the Florida Department of Environmental Protection's use of the Work. This release and
indemnification shall be binding upon me,and my heirs,executors,administrators and assigns.
I have read and understand the terms of this release.
Owner signature: Date:
Photo/video/audio/artwoi-klrecording
file name(s):
Location of photo/video/audio
recording/artwork:
Name of person accepting Work submission
Exhibit G,DEP Agreement 11:22PLN65
11/19/2021 Page I of 1
3606
STATE OF F1,ORJDA
DEPARTMENTOF ENVIRONMENTAL PRO]"ECTION
RESILIENTFLORIDA GRANT PROGRAM
CONTRACTUAL SERVICES CERTIFICATION
Exhibit 11.
Re wire all grant agreements that include (.,ontractualServices as an expenditure category.
DL'.1-1 Agreement Number: 22PLN65
f1ro.ject Title: City of Marathon Vulnerability Assesstnet'it and Adaptation Plan
Grantee: City of Marathon
Prior to making a reqUest for payment of contractual services, the Grantee must provide tile
following to the Department Grant Manager then responsible lot-the Grantee's Resilient Florida
Grant Program grant agreement:
I, Documentation ofthe Grantee's procurement process, as consistent with Attachment
1, Paragraph 9(c) and Attachrrient 2, Paragraph 11;
2. A list of all subcontractor quote and/or bid amounts (as applicable), including the
company narne and address for each SUbcontractor.-
- deterniination(s) for the
3 An explanation of' how and Nvhy the Gr,antee. nnade theif
subcontractor(s) selected to perform certairt task(s) under the Grantee's relevant grant
agreement; and
4. This Exhibit 11, signed and dated by the Grantee's own (non-Departmental) grant
manager.
By signing below, I certit�, that, on behalf of the Grantee, I have provided all the infortriation
required by items 1. through 3. ofthis exhibit, as stated above, to the Department Grarit Manager
currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also
certify that the procurement process the Grantee utilized follows all or said Grantee's non-
Departmental policies and procedures for subcontractors.
............ ...............................--.-................--- --...... -----------------
Grantee's Grant Manager Signature
----------- --------
Print Name
....................................................... ..........................
Date
3607
STATE OF FLORIDA
DEPARTMENTOF ENV IRCAN MENTAI.., ITT OTEC"TION
RESILIENT FLORIDA GRANTPROGRAM
VULNERABILITY ASSESS MENT' COMP1,1ANCE CHECKLIST CERTIFICATION
Exhibit I
Requiredft)r all grant agreements.
DEP Agreement Number: 22PLN65
-1-1............................ ....................................
Project Title: City of Marathon Vulnerability Assessment and Adaptation Plan
.......... ..............................................
Grantee: Gity of Marathon
By signing this Vulnerability Assessment Compliance Checklist Certification (hereinafter "Checklist
C.ertification") the Grantee certifies that, upon execution of the Agreement, it will have reviewed the
statutory requirements for vulnerability asSeSSITietits in subsection 380.093(3), F'.S., and provided this
signed Checklist Certification to the Department,which gives the Department of Environmental Protection
(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 party 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 U'
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
certify on behalf of the Grantee that,prior to close out of the grant,either myself or the Grantee's designated
grant manager will provide to the Department a Vulnerability Assessment Compliance Checklist form that
has been fully corripleted in the rrianner described in this Checklist Certification.
...............
Grantee's Grant Manager Signature
................................................................
Print Name
............----............................................. ..........................................
Date
Exhibit I
I of
Rev. 6/l/2022
3608
VIM: NE,RABILITY ASS III SSMENTCOMPLIANCE CHECKLIS '
In accordance with subsection 380.093(3),F.S.,the following components,scenarios,,data,and information
are required for a comprehensive Vulnerability Assesstrient (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 GI S Data Standards found on the Resilient Florida Program webpage at
the link below:
Q
�s ua n dTy�ld_s
Part I Subparagraph 380.093(3)(c)2.,F.S.
Hein (.,'heck if Page Reference
ID Include(] Item Description in VA Report
..............----------...................I................................................... ............................................................................................... ............. ...........Final Vulnerability Assessnient Report that provides details on
a D the results and conclusions, including illustrations via maps and
tables.
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 GJS Data Standards
and include the followingfliree(.�)Jtellus:
................. -----------
(.3eospatial data in an electronic file format,
c GIS metadata.
......................................... ----------- --------------- ...............
List of critical assets for each jurisdiction, including regionally
significant assets, that are inipacted by flooding and sea level
d El rise. The list must be prioritized by area or immediate need an(]
..........._ identf� which flood sceriario el asset
___........- ...................... ... .....................I, ( ) -.... ...... --------- 1...............................
.Part 2---Subparagraphs 380.093(3)(d)L and 380.093(3)(d)2., F.S.
..........................._............... ................... .......................
Itern Check if Page Reference
ID Included Item Description in VA Report-,
I..��ab
............................... ........................................................ ...........
Peril of' Flood Compliance plan amendments developed that
c El address paragraph 163.3 178(2)(1), F.S., ifapplicable,
D Not applicable El Already in compliance
.......................................... ...... 11......... -------
f Depth of tidal flooding, including ftiture high tide flooding,
usin s S I ol n d
............... pub!j he a d,,p ,yid,e P�1.,��Irnent�
I'�,�,�l-l�'ll""I'll""I'll",'ll""I'll""II "I'l""I-11,�,,�,,�,�ll,�ll,�,.�l,'�,� _E�) 111111.11,111111, __��? .............................. .................
To the extent practicable, analysis geographically displays the
9 E.1 number of tidal flood days expected for each scenario and
............................................ ............ ............._p pir hor zon. I on
i___2�12_i_��...............................................................................................................................................................................................................
Depth of'current and future storm surge flooding using publicly
h El available NOAA or FEMA storm surge data,(check one)
El NO AA data U.) FEMA data
................ .....................
Initial storm Surge event equals or exceeds current 100year
Mood event,
.............
Higher fi-equency storm analyzed For exposure of a critical asset,
El WWI, but muslj.)��vide additional detail , 10..................... -—----- ......
Exhibit 1
2 of
Rev. 6/l/2022
3609
............................-............... - - .............
To the extent practicable, rainfall-induced flooding was
k E] considered using spatioternporal analysis or existing hydrologic
and hydraulic modeling results. (required if item e is not
----—--------------------------------------cpplicq-blO--—----------------------—------------------------------—----------------------
I El Future boundary conditions have been modified to consider sea
................ level rise and high-dde conditions ly
—... -__ �� (�P!IfTL . -- ...............................................
ara F] Depth of rainfall-induced flooding for 100-year storms and 500-
car storni event.�r°equ_iredy:ilemeisn)l, cp
110 the tent practicable, cornp e otmd flooding or th
as c,carralaiaaaaticraa of tidal,store-i surge,and rainfall-induced flooding,
................ .........
Part 3-Subparagraph 380.093(3)(d)3., F.S.
Item Check if Page Reference
ID Included Item Description in V.A Report
................................................................................................................................................................................................................................. .................................................................................(if as a Ilc a
bFe
0 All analyses performed in North Arnerican Vertical Daturn of'
1988.
. .............. .............---.................................. ...........
Includes at least two local sea level rise scenarios, which must
P F-1 include the 2017 NOAA intermediate-low and i rite rrned iate-
high sea level rise p
............. .Etlections. -- ------...........
q Includes at least two planning horizons, which must include
................. 'years 2040 and 2070.
-1-........... ........... .............
r LAilizes local sea level data that has been interpolated between
the two closest NOAA tide
...................................................................
Local, publicly available, sea level data was taken frorn one of
S the two closest NOAA tide gauges, which must be the gauge
with the highest Tyrean sea level (i/'so, provide Department
..................................................ger 0.........................................................................................................................................................................................................................
Identify the Florida municipalities that are included in this Vulnerability Assessment:
.............................. . ................................................................................ ........................................................................... .........................
................... ----------------- ---------------- --------------------
.............. ................ ..........---.......--l-l".........................---................ ............... .............
------------------- ------......................
.......................... ..................................... ............................................ ............................................................................---...................................................
......................... .......................................................................... .......................I................................................... ...................................................................................................................................................
------------ -------------------.........................................
............... ............................. ----------------- ..........................................................
------------ .................
..................... ............. .......................
Exhibit 1
3 of 4
Rev. 6/l/2022
3610
I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability
Assessment Compliance C',hecklist is true and accurate as of the date of the signature below.
__.-----------------------. -------
Cira�ntee's Grant,Manager Signature
...... ........ _.. _ ...._._........ __---..............
Print Nar ne
................................. .. .. ..........
Date
Exhibit
4 t:a f'4
Rev. 6/1/2022
3611