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Item O10 010 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE 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 m' David Rice,District 4 Board of County Commissioners Meeting October 18, 2023 Agenda Item Number: 010 2023-1358 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into a $240,000 contract with WSP USA Environment& Infrastructure, Inc. to create a Vulnerability Assessment for the City of Marathon funded by Grant 22PLN65 from the Florida Department of Environmental Protection (FDEP). ITEM BACKGROUND: This is to approve a contract with WSP USA Environment and Infrastructure Inc. to conduct a Vulnerability Assessment for the City of Marathon.This work is funded by grant 22PLN65 from FDEP, which is being transferred to the County from Marathon. Marathon 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. DEP has provided the grant and an assignment of the grant for the County's approval. The County issued a Request for Proposals (RFP) on June 29 and opened proposals on August 1. Two proposals were received. The selection committee, consisting of County and Marathon staff, met in public selection committee meeting on August 11. The proposals were ranked and the following was the Rank order: 1. WSP USA Environment&Infrastructure, Inc. 2. Aptim, Inc. 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 4525 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. 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 $734,700 contract with Erin L. Deady PA for consulting services to provide Watershed Management Plans for Monroe County, Layton, Key Colony Beach and Marathon as funded by Florida Division of Emergency Management(FDEM) grant H0856 and H0856- Al and a vulnerability assessment update and neighborhood outreach for Monroe County as funded Florida Department of Environmental Protection (FDEP) Grant 22PLN66 and 22PLN66-Al. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Contract_for_Marathon_VA_-_2023-09-28_-_ iged.pdf Monroe®County-County P®USA-E viro _23-2 -GL-A.pdf Monroe®County-BOCC_W P®USA-E viro _22-23-PROF.pdf FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: June 30, 2024 Total Dollar Value of Contract: $240,000 Total Cost to County: None Current Year Portion: $200,000 Budgeted: Grant Funded 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: Yes Additional Details: 4526 CONTRACT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND WSP USA ENVIRONMENT & INFRASTRUCTURE, INC. 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 WSP USA Environment& Infrastructure, Inc., ("CONSULTANT"),whose address is 16250 NW 59 h Street, Suite 206,Miami Lakes,Florida 33014. 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 Marathon according to the terms and subject to the conditions set forth herein, and WHEREAS, grant 22PLN65 Marathon Vulnerability Assessment Development is funding the vulnerability assessment portion of the work. 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 Grant Agreement 22PLN65 —Exhibit A—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. Page 1 of 14 4527 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 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 date of execution and will conclude with delivery of the deliverables outlined in Section 1 of this Agreement,which shall not be later than June 30, 2024. Section 4. PAYMENT TO CONSULTANT 4.1 The COUNTY shall pay the CONSULTANT for the CONSULTANT'S performance of this Agreement an amount not to exceed Two Hundred Forty Thousand Dollars($240,000). The Contract Sum shall not exceed this amount unless amended by formal approval of the Monroe County BOCC. No charges shall be incurred by the County other than products or services that were ordered,provided and agreed upon by the COUNTY. 4.2 Payment will be made according to the Deliverable Schedule in included in the grant attached as Exhibit A, and according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. The Provider shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. Acceptability 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. Page 2 of 14 4528 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. 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 121' St. Suite 408 Key West FL 33040 To the CONSULTANT: WSP USA Environment& Infrastructure, Inc. 16250 NW 591' Street, Suite 206 Miami Lakes, Florida 33014 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 Page 3 of 14 4529 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. 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, r e�- brian(&,monroecounty-fl.gov, c/o Monroe County Attorney's Office, 1111 12 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. Page 4 of 14 4530 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. 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. Page 5 of 14 4531 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. Section 15. AUTHORITY Each parry 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 parry 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 parry relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other parry, 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 parry 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 parry, 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, Page 6 of 14 4532 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 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. Page 7 of 14 4533 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. 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. Page 8 of 14 4534 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. 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 Page 9 of 14 4535 not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONSULTANT's failure to maintain the required insurance. The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance, or • A Certified copy of the actual insurance policy. 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 —General Liability 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. Page 10 of 14 4536 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 $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 Page 11 of 14 4537 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 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. REMAINDER OF PAGE PURPOSELY LEFT BLANK Page 12 of 14 4538 ..................... ........... IN WITNESS WHI-.,"REOF, the parties hereto have caused these presents to be executed on the .......-day of .2023. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, CLERK OF MONROE COUNTY, FLORIDA 13Y By: .......... As Deputy Clerk Mayor (CORPORATE SEAL) WSP USA ENVIRONMENT & ATTEST: INFRASTRUCTURE INC. qq� By Title: Florida District Lead- Earth & Environment Senior Vice President & #4 CORPORATE Sm NEVADA Approved as to form and legal sufficiency: Monroe County Attorney's Office 10-2-2023 ejolu�4. gaf Page 13 of 14 4539 CONTRACT ATTACHMENT Exhibit A— Grant 22PLN65 Page 14 of 14 4540 CONSENT TO ASSIGNMENT OF GRANT AGREEMENT This Consent to Assignment of Grant Agreement("Consent"), is made as of the date of execution of this Consent("Effective Date"),by the Florida Department of Environmental Protection ("Department" or"DEP"), in favor of the City of Marathon, a Florida Local Government("Grantee"or"Assignor"), and the Monroe County Board of County Commissioners, a Local Government ("Assignee") for the City of Marathon Vulnerability Assessment and Adaptation Plan("Project"),to the extent the Project is funded by DEP's Resilient Florida Grant Program. WHEREAS, DEP has a Grant Agreement, No. 22PLN65 ("Grant Agreement"), with Grantee/Assignor for the purpose of completing the Project; and WHEREAS, the Assignee is a Local Government created by a County Commission for the purposes set forth therein; and WHEREAS, Section 37 ("Assignment") in Attachment 1 ("Standard Terms and Conditions Applicable to Grant Agreements") to the Grant Agreement provides in part that, "[t]he 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 the Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless the Department expressly waives such secondary liability"; and WHEREAS, as required by the Grant Agreement,DEP hereby consents and does not object to the assignment of the rights,duties and obligations under the Grant Agreement to Assignee. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,DEP hereby agrees in favor of Assignor and Assignee as follows: 1. As of the Effective Date,DEP hereby consents to and approves the assignment of performance of all rights,duties and obligations under the Grant Agreement from Assignor to Assignee; and 2. Upon Assignee's assumption of the assigned Grant Agreement pursuant to this Consent, as of the Effective Date, DEP hereby acknowledges and agrees that Assignee shall be responsible for Assignor's rights, duties and obligations and full performance of the Project tasks as listed in the Grant Agreement. However, as Grantee to Grant Agreement No. 22PLN65, Assignor will retain secondary liability for Assignee's performance.By executing this Consent,Assignee hereby agrees to and assumes all rights, duties and obligations and full performance of the Project pursuant to the Grant Agreement. [Remainder of this page intentionally left blank.] IN WITNESS WHEREOF, this Consent shall be effective on the Effective Date indicated above or the last date signed below,whichever is later. Page 1 of 2 4541 City of Marathon: Grantee or Assignor: Luis Gonzalez, Mayor Date Signed Attest: Monroe County Board of County Commissioners: Assignee: Roman Gastesi, County Administrator Date Signed State of Florida Department of Environmental Protection DEP or Department (Secretary or Designee) Date Signed Page 2 of 2 4542 S"TATE OF FLORIDA DEPARTMEAT OFENVIRONMENTAL PROTECTION .......... ..........................................-- Standard Gratla=mmi ........................... '!'h i s..............�L..r�e m�er i t is e n�te,r e d i�nt o � Ze-—-------eent Parties named below, ection 215.971,Florida Statutes: Project Title(Project): Agreement Number: City of Marathon Vulnerability Assessment and Adaptation Plan 22PLN65 1 Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard (Department) Tallahassee,Florida 32399-3000 ....... ...................... ............ ............................................................................................................ .............................. ... ............................. .............................--................................ .......... Grantee Name: City of Marathon Entity Type: I.,ocal Municipality Grantee Address: 9805 Overseas Highway,Marathon,Florida,33050 FEID: 65-0984873 Gral te 3. Agreement Begin[)are: Date of Expiration: 7/l/2021 6/30/2024 4. Project Number: Project Location(s):City of Marathon,Monroe County,Florida (if d�flerentftom Agreentent Number) .......... I... . ......... ................. ....................... .................... ........................ .................. Project Description: The project will update the existing Vulncrability Assessment pursuant to Section 380.093, Florida Statutes and develop an Adaptation Plan for the City of Marathon. 5. Total Amount of Funding Y u Ming Source'? .. Award lfs'or.-Line Item Approp.ri.at.i.orrs:. ....................... Amount per Sourc.e(s): I i I State I Tederal FY21-22 GAA 17 0 7 A $ 240,000.00 $240,000.00 - ............... I. . ....................... ........................... ........................................ ................. - - .................. - Ll State 01'ederal $ ......... ..... . ......................... .............. ........ El Grantee Match .................. ..............................--................ .............................. ..................... .... .................................................................................................. Total Amount of undirl a r (".Yriurtee Match,if anv 240,000.00 .................. 6. Department's Grant Manager Grantee's Grant Manager Name: Kayci Carter Name: Maria Covelli .............. :Carter.............. ......... ......................... ................................. .......................... ........................ or successor or successor Address: Resilient Florida Program Address: City of Marathon 2600 Blair Stone Road,MS235 9805 Overseas Highway ............. - ....................... ..............— . ..................... .... ..................... ................................ ................................... ........... . . ...... Tallahassee,Florida 32399 Marathon,Florida 33050 Phone: 850-245 8368 Phone: 305-289-4109 .............. ........................ . ....................... ........... - .............. ..................... Email: Kaycill.(Iarter(0)FloridaDEP.gov EniaiL covellini(o)ci.tnaratlioii.fl.tis 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby inco�poratecl�y reference: ............................................ ............................. ................. ............ ........ .............-.................................... ................................................................................ ............................... .................... ................... R Attachment 1: Standard'Ferms and Conditions Applicable to All Grants Agreements -... .-.................................-.1- .....................................................11 - -......................... ................................---............................ ...................................... ........ ... E Attachment 2: Special Terins arid Condftions --................................. ................................................................................................................. ...... ......................... .............. ................................ . ........................................ .................................... ................ V?d Attachment 3: Grant Work Plan ........... ......................................... [i) Attachment 4:Public Records Requirements -......................................---......................... .............................................................................---.....................................-.1...........- ..................................... ................ .................................... ........................ l!] Attachment 5: Special Audit Requirements ............... .. .... ............................ ........................................................................................ .......................................................................... .......... ................ 9 Attachment 6:Program Specific Requirements --........... ............ ........... .............................. ............... El Attachment 7:Grant Award Terms(Federal)*Clopy available at con),in accordance with§215�985,K& .................. .......................-...................................---...................................---..................--l- .............. .......................... .....--........................................................................... .............................. ........................... ............................ .............. 0 Attachment 8: Federal Regulations and'rerms(Federal) ... .................. .....................................I................. ............................... .......................................... ......................-..................................................................................... ................... ............. 0 Additional Attachments(if necessary): -... ................................................................... ..........................................--............................... ............................ ..................... ............................... .......................... ......................................... ......................................... ........... 9 F'xhibit A: Progress Report Form ........... ......... .. ....-I.... ........ ................. I Exhibit B: Property Reporting Form lx1 Exhibit C: Payment Request Summary Form ..................................................... ........................................................................................ ...... .................. ................................ .................................................................................................................................. ................. I I Exhibit D:Quality Assurance Requirements --......................................-..-....................................-.......................................-..--- ............................ ......................... .............................................................. ...................-.-...................................... ............... ............ ... D Exhibit E: Advance Payment'l.'erms and Interest Earned Merno ............................... ..............................---.............................................................................................--............. ................. ........................ ........... .................................................................................................................... 0 Exhibit J: Common Carrier or(.,"ontracted Carrier Attestation Form PUR 1808 .............. ............ R Additional Exhibits(if necessary):Exhibit F:Fitial Report Form,Exhibit G:Photographer Rdease Form,Exhibit If:Contractual Services Certification,Exhibit 12 Vulnerabifity Assessment Compliance Checklist Cerfificatio. .................................. .......... .............. .. ................... ...................... ...............................-............................ .................... ................. ................................. .............. DET Agreement No. 22PLN65 Rev. 10/18/22 4543 $y 111c fodlovvinp it)forma tion ap plies to i ede"taal Grants only and is ideiitlticd in accordance vvPPtla ? ?(t .3 31 (a)(,I Y I c°Je ml 'Award We,ntiCicaatip.ewaNenMwr(s P(I'A1'W) d cd eral Awm-a Date" t9 Dejaaar bent _ I ni al I eder al Funds 0bl►gated b v this /3R eemml N c°cfcarad rtvwar¢din 1� cne�: ., _ Nward t&Ut i I Yes ( iN/A _ _..... IN WITNESS WIICdU «,this Agreement shall be effective on the elate indicated by the ,Xg►•een►eaat.Begin .Date above or the Itast daate.si ►►ed belovr rvlaicheve►°is later. City of Marathon ( ftA "I"I;I+ B qlceI2 (.9rr horiza dSig rcztr..o.} .............. .. ___..,.._. _. ......_..... , ,. , _ .._ — f)ale: iiCpncad Luis C'Sonzalez,Mayor Print Name and Title of erson �a " ►t � �. �� � � � �� � mm .mm� . �mm � mm� .. _ State of IQloricia 'Department,of,Flovironw-nea►tal Protectio►a Dlaol'Al I MEN I 4/14/2023 By ,✓F 1 aSecre;.taary or C7easiitncc^^ Date Signed Alex Reed,Director of the Office of Resilience and Coastal Protection Print Name and'l ltde eai Ibk,P'S(bf1 atilj�?LiI'll � 1�1 Additional signatures attached on separate page. DIT Agreement No. 221'I N65 Rev. 10i18P'0, 4544 :RCII Additional Signatures EI�T rant_.. a r,Kayci Carter _wry __..........__�._ DEP QC Reviewer,Jeremy Jinienez Grantee may add additional signatures below, it"ne did. 4545 STATE OF FLORIDA I)JIT,PAR'I'MENT'OF'ENVIRON MEAN 'I'Al,PROTEICTION STANDARD TERMS AND CONDITIONS APPLICABIX TO GR ANT AGREEMENTS ATTACHMENT1 I. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,Ow Order.......... order of precedence for interpretation of the Agreement is as follows: L Standard Grant Agreement if. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment I,,Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written cornmunication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager-will be subirnitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does riot require a formal amendment or'change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement;and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last.approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change-, (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement;and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional mriding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However-, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Ternis and (.',onditions. Attachment I I of 12 Rev. 11/14/2022 4546 4. Deliverables, The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with tile terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of tile kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(5)its employees,subcontractors,arid/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether tile services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Departrn exit's remedies in the event deficiencies in the deliverable cannot be readily measured at the firne of delivery. 6. Acceptance of Deliverables. a. Acceptance..Process, A m,ill deliverables ust be received and accepted in writing by Department's Grant Manager .............. before payment The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days ofreceipt,they will be deemed rejected. b. R igg&a_g. yei�ables, The Department reserves the right to reject deliverables,as outlined in the Grant q - tiles,. Work Plan,as incomplete, inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. 'File Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding,PAymgr!t. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction ........................................... If Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by I%for each day the deadline is missed,unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all tile deficiencies in a re ected deliverable within the specified .Action.Plan.I .I timeframe, Department may, , in its sole discretion, request that a proposed Corrective Action Plan (CA.P) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and perfonned in no more than sixty(60)calendar days. i. The Grantee shall submit a (".All, within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2 of 12 Rev. 11/14/2022 4547 require additional or further rernedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. 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. 8. Payment. a. PRment Prop'e's"s.Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. la.x e S..,.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials.'The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. M a.x. i in u ni Amog.at_sag The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Cbsts. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs .................................................... ............. upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for, reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to,the Reference Guide for State Expenditures, which can be accessed at the following web address: flm e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department .............................. .Detail,.......... pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Pg y.1 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. Emal Funignil �Iqgsj,A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. li. Annual AppKqpri o i ntpge�. The State's performance and obligation to pay under this Agreement is ..................... contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of' Department if the L.,egislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of' Administration. To obtain the applicable interest rate, please refer to: J. It ,faand of P ments_to the De ment— Any balance of unobligated funds that have been advanced or paid must U_-,- _ rm—t be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this A9_rqement-is-fu-nd_ed with federal funds. Viand the I e artme i re uired to refund the federal .Qygr ment the Grantee shall refund the De artment its —, ? p a( s q g p share of those funds, 9. Documentation Required for Cost Reimbursement(;rant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment I .3 of 12 Rev. 11/14/2022 4548 a. Sala.ry..ZA.M..i.�.Gyrantee shall list personnel involved, position classification, direct salary rates, and hours spent ........................ on the Project in accordance with Attachment 3, Grant Work Plan in their,documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for ........... .....................................-­ ...........Costs.. multipliers, all multipliers used(i.e.,fringe benefits,overhead, indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of' written notification.Interest shall be charged on the excessive rate. c. Contractual-Costs r . Match or reimbursement requests for, payments to subcontractors must be Contractual-............................................... substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for,direct salaries shall clearly identify the personnel involved,salary rate, per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Departirient within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpentlable personal Property or equipment costing$5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 arid/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,impose this requirement,in writing,on its subcontractors. L For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed price subcontract resulting frorn procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price arnount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act tinder section 28T055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travo., All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase.E.qqlp.p1O1._For the purposes of this Agreement, Equipment is defined as capital outlay costing _.................................. $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed El'xhibit B,Property Reporting Form. f Rental/Lease aft j�qui pent,Match or reimbursement requests for rental/lease of equipment must include copies P!------- of invoices or receipts to document charges. g. Miscellaneous/Other Ex eases. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall riot reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment, h. Land A qgiqition. Reimbursement for the costs associated with acquiring interest and/or rights to real property ................................... . ....................__ 9 (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements-,and/or obtaining record title ownership of real property through purchase)must.be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4 of 12 Rev. 11/14/2022 4549 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Staternents/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting period.s, end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2,Special"Perms and Conditions. Retainage may be withheld from each payment to(.3rantec pending satisfactory completion of'work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to peribrryi within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insu dng�j girements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees ..................... ... ................................................................................................ and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees arid/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. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. 'The Department shall be exempt frorn,and in no way liable for,arty sums of money representing a ....................................... deductible in arty insurance policy. 'rhe payment of such deductible shall be the sole responsibility of the Grantee providing such insurance, c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. D Maintain CqygEW, In the event that any applicable coverage is cancelled by the insurer for any 1� ...................... reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add .................... __................... the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience, When it is in the State's best interest,Department may,at its sole discretion, ...................................................................................... terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall riot pay any invoices received after thirty(30)days of the effective date of termination. Attachment 1 5 of 12 Rev. 11/14/2022 4550 li ;germination qsL for Cau tL.The Department may terminate this Agreement if any of the events of default described .. _..__ in the E'vents of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations Linder this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Gran e 0 1 g te . b iqrions.,W..q.p.Nqtice of Termination....After receipt of a notice of termination or partial termination ...........................................-. ..- . ..................................................................... unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Cirantee shall riot be entitled to recover any cancellation charges or lost profits. d. Continuation of Prgp..qid Services.If Department has paid for any services prior to the expiration,cancellation, Continuation.............................................. ... .. -..... . .......... 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. e. Transition of Servic s Upon Ernin ........................... . Fq _qjign.,1,.�Spi ati n or Cancellation..o the..A reement.If services provided ..................... ...............Lq — _i Q........ ...........................................f h.... . g. under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). "this requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any, 14. Notice of Default. lf'Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of' the events of default, f3epartment shall provide notice to Grantee and an opportunity to cure that is reasonable under tire 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 fi)und in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is riot the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resurrie work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or 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 submit any of the reports required byr this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including air entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A.) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable,to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. f°ntry of air order for relief under Title 11 of`the United States Code; iL The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6 of 12 Rev. 11/14/2022 4551 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.Tire Department shall provide Grantee written notice outlining tire 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,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement.. If tire Agreement is terminated after 30 days of'suspension,the notice of suspension shall be deemed to satisfy the thirty,(30)days'notice required for a notice of"termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall riot be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar- cause wholly beyond Grantee's control, or for' any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CON s'n'ruTETHE GRANTEE'S SOLE REMEDY OR EXCUSE WIT'll RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance From any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines, in its sole discretion,that the delay will significantly impair the value ofthe Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants pref erential treatment to Department with respect to products subjected to allocation; (2) contract with other sources(without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement it]whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: I. personal injury and damage to real or personal tangible property alleged to be caused in whole or,in part by Grantee,its agents,employees,partners,or subcontractors-,provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; if. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense.The Grantee shall not be liable for any cost,expense,or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for, the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either parry of its sovereign immunity or the provisions of Section 768.28,F.S.Frather,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7 of 12 Rev, 11/14/2022 4552 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in art amount no greater than the sum of the unpaid balance of compensation due for goods or services tendered 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 nioJeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Departnient's right to pursue its remedies for other types of damages tinder the Agreement, at law or in equity.The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further excr6se thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement,The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133,28T 134,and 287,137 F.S.,the following restrictions apply to persons placed on the convicted vendor-list,discriminatory vendor list,or the antitrust violator vendor list: i. P.0 b.1 i c E.P.I.ily Cli M e., A person or affiliate who has been placed on the convicted vendor list following a coriviction for a public entity crime 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;nray 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 tinder a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the data;of being placed on the convicted vendor list. ii. Discrimmato Vendors. An entity or affiliate who has been placed on the discriminatory vendor ..............—-----_ry. - - — 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 not 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 Violator Vendors. 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 not submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; 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 not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant tinder a contract With a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or ....... cation. consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. Attachment 1 8 of 12 Itev. 11/14/2022 4553 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security,, workers' compensation, licenses, and registration requirements. '['he 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. 'I'his Agreement shall be governed by and construed in accordance with the laws ofthe State offlorida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except w;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 America Act(BABA)..Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program 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 pro'ject are produced in the[Jnited States---this means all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States-, b, All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States;and the cost of the components of the manufactured product that are mined,produced,or manufactured in the I Jnited States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials,and supplies that are consumed in,incorporated into,or affixed to an infrastructure project.As such,it does riot apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor(foes 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 C.onipanies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135,F,S,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, of, engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8),F'.S,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the I.,egislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section Attachment 1 9 of'12 Rev. 11/14/2022 4554 287.058(6), F.S,during the term of any executed agreement between Grantee and the State,Cirantee may lobby the executive or legislative branch concerning the scope of services, performance, term,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 27. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for,audit purposes during the term of this Agreement and for,five(5)years following the completion date or termination ofthe Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement,The Grantee shall retain such records for the longer of:(I)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: 1gttp:/,Idos my florida,coiir/fibrary "E r 28. Audits. a. n,I........... The Grantee understands its duty, pursuant to Section 20.055(5),F.S.,tan cooperate with tire inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub grantees and/or subcontractors,respectively. b. J!hysical Access an .1 s e t or. Department personnel shall be given access to and may observe arid inspect --_ " _­_ ..�d n pp� i.-P. work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: L 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, HL Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit.Re.q1!irqnt nt�i, The Grantee shall comply with the applicable provisions contained in Attachment ................................... ............ _ _ _ 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy ol'Exhibit 1,to Attachment 5. If Departrnmit falls to provide an updated copy of Exhibit I to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment 5,Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-IDS) that can be found under the "Links/Forms" section appearing at the following website: d. Proof offransactions. In addition to docurnentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs cart be found tinder 2 CTR 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 .0in f P _.pf. ....................1� inai g _!�pndsL. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by program or a project-by project basis. Funds specifically budgeted arid/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. Attachment I 10 of 12 Rev, 11/14/2022 4555 L U'Department finds that these ftinds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreenient for non-compliance with the material terms of this Agreement, The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated f5rorn the date(s) the original paynient(s) are received from Department by Grantee to the date repayment is made by Grantee to Department ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall riot acquire any interest which would conflict in any manner or degree with the performance of services required. 30. Independent Contractor. The Grantee is an independent contractor and is not air employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and(Ilonditions, all services contracted for are to be performed solely by(Irantee. b. J'he Department may, for cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is riot limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with air applicable Department policy or other requirement. c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee erriployee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall riot relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred tinder any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. c. The Department will not deny Grantee's employees, subcontnactors, or agents access to meetings within tile Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority owned firryis that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-.0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of'Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 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 not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Attachment I 11 of 12 Rev. 11/14/2022 4556 Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If' Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights arid obligations created under this Agreement. 35. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that.void provision,and shall remain in full force and effect. 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. LJpon request,Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 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 of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation fon the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-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,arid/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 12 of 12 Rev. 11/14/2022 4557 STA"TE OF FLORIDA DEPARTM ENT OF ENVIRONMENTAL PRO'rECTION Special Terms and Conditions AGREEMENT NO. ATTACHMENT2 `rhese Special Terms and Conditions shall be read together with general ternis outlined in the Standard Terms and Conditions,onditions,Attachment 1. Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is The Prqject is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. 'R xteneirnburs" m'e "ent"Period.The reimbursement period for this Agreement is the same as the term of the Agreement. 1). Esions.There are extensions available for this Project. n�........................-.-- c. Sei.-Y.i c e Period.s.,Additional service periods rnay 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. Con.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement ...................pep.............._ as described in Attachment 3. b� Invoicing,Invoicing will occur as indicated in Attachment 3. C. Ad vAn..c.g P.M.,Advance Pay is not authorized under this Agreement. ............. ........ - 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State E'Apenditures,as indicated: Reimbursement Match CatMLy. ................................................... ............. Salaries/Wages Overhead/indirect/Gerierat and Administrative Costs: a. Fringe Benefits,N/A. b. Indirect Costs,N/A. D Contractual(Subcontractors) El i] Travel,in accordance with Section 112,F.S. El E] Equipment Rental/Lease of Equipment Miscellaneous/Other Expenses Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no snatch required on the part of the Grantee under this Agreement. 8. Insurance Requirements BgqqjrqdC9ypC 4gp. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 1 of 2 Rev.8/19/2021 4558 maintained by the Grantec shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the'rnin"i -.mum insurance requirements applicable to this Agreement are a. Commercial Gen rat b li Insurance, The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. ..........._................................ _........... ..............___................._ If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain autornobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily inh,uy and property damage shall provide coverage on an occurrence basis.'the Department,,its employees,and officers shall be named as an additional insured on any autornobile insurance,policy. The minirnum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non owned Automobile Liability Coverage c. Work.qr.f>..........C Q.r.nap-e—n.s.a t i o n-g-nd '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. Such 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 under this Agreement. 10. Retainage, No retainage is required Linder this Agreement. 11. Subcontracting, The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12, State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. Documentary Emide_p c q Re ireent for Subcontrqctor(s), If any work associated with this Agreement is completed q .m.......... by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s)has fully performed its Project obligation(s).The Grantee shall forward copies of all such documentary evidence to the t3epartment with the Grantee's relevant deliverable(s), rising the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Attachment 2 2 of 2 Rev.8/19/2021 4559 STATE OF FLORIDA DEPARTMENTOF ENVIRONMENTAL PROTECTION GRANTWORK PLAN AGREEMENT NO.22PLN65 ATTACHMENT 3 PR(XIECTTITLE: City of Marathon Vulnerability Assessment and Adaptation Plan PROJECT LOCATION: The Project is located in the City of'Marathon within Monroe County,Florida. PROJECT DESC RI PTION: The City of Marathon(Grantee) will complete the City of Marathon Vulnerability Assessment (VA) and Adaptation Plan Project(Project)to update the existing Vulnerability Assessment(VA)pursuant to Section 380.,093(3)(d), Florida Statutes(F.S.)and develop an Adaptation Plan(AP). TASKS AND DELIVERAB1,ES: Tsk ➢® ick Off etina 1 K Me .............................................................................................g Description: The Grantee will develop an overall project management plan and address initial actions and then conduct a 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 committee. 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 committee be limited to no rnore than 10 representatives to better manage meeting outcomes. Deliverables: The Grantee will provide the following: 1) a draft list of steering committee members; 2) kick-off rneeting minutes,which documents all decisions and agreed upon outcomes of the meeting;and 3) a draft email to potential steering committee members 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. Task 2: Final Vadnerabi1RLAssessrnq!11&p2Lt._A p id Sensitiv ,Analysis, ................ . _1� S1 . ..RL An and Adaptatiort Mara ........................................ Description: The Grantee will research and compile the data needed to perform the VA, based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1)critical and regionally significant asset inventory,2)topographic data,and 3)flood scenario-related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a) 1 4,F,S, Sea level rise projection data shall include the 2017 NOAA intermediate-high and intermediate-low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion, Storm surge data used must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low-quality information may limit the VA's extent or reduce the accuracy of' the results, The Grantee shall rectify 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, arid/or flood scenario. The water surface depths(i.e. flood scenarios) used to evaluate assets shall include DI.,.',P Agreement No.:22PLN65 Page 1. of.3 Rev.2.11.22 4560 the following data: tidal flooding, current and future storm surge flooding, rainfall-induced flooding, and compound flooding, all as applicable,as well as the scenarios and standards used for the exposure analysis shall be pursuant to s.380.093,F.S.The Grantee will perf'orm the sensitivity analysis to measure the irnpact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created through the exposure analysis. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset type and at each flood scenario. The Grantee will finalize the VA report pursuant to the requirements in s. 380.093, F.S. and based upon internal comments and outreach efforts. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks. It should contain a list of`critical and regionally significant assets that are impacted by flooding and sea-level rise,specifying for each asset the flood scenario(s)impacting the asset,All GIS files and associated rnetadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata.The Grantee will also develop an Al' that will be incorporated into the VA. The AP will be consistent with the Florida Adaptation Planning Guidebook and includes the following:assessment of adaptive 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 include a list of prioritized projects for each asset class as defined in subsection 380.093(2), F.S., for consideration and implementation, Deliverables: The Grantee will provide the following: 1.) GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a) 14, F.S.-I 2)GIS files with results of the exposure and sensitivity analysis for each flood scenario as well as the appropriate rrietadata. that identifies the methods used to create the flood layers;3)a final list of critical and regionally significant assets that are impacted by flooding,which must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset; 4) Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily-required scenarios and standards in s. 380,093, F.S. The Final VA Report should also include the following: outline the data compiled and the findings of the gap analysis with recommendations to address the identified data gaps and any actions taken 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 AP,- and 5)a signed VA Compliance Checklist Certification. ask 3: Project A�dwninistrafion ............................................. Description: 'rhe Grantee will perform project administration, to include project scope of work determination,planning and development of proposed project(s),design consultant direction and oversight, meetings with design professionals and construction contractor(s) and overall project coordination and supervision. Deliverables: The Grantee will submit prqject administration and management reports signed by the Grantee's Grant Manager, to include a summary of project administration activities, proposed project scopes of work,and meeting minutes. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the project`Timeline. The Grantee must also submit Exhibit A, Progress Report, Form, to the Department's Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for a task, The Department's Grant Manager will review the deliverable(s) to verify that they meet: the specifications in the Grant Work Plan and the task description,to include any work being performed by any DEP Agreement No.:22PLN65 Page 2 of 3 Rev.2.11.22 4561 subcontractor(s), and will provide written acceptance or denial of the defiverable(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. CONSEQUENC'ES FOR NON PERFORMANCE: For each task. deliverable riot received by the Department all one hundred percent (10(y%) completion and by the specified due date listed in the Agreement's most recent Project Tirneline, tire Department will reduce the relevant Task Funding Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee may submit a payment request for cost reirribursement using both Exhibit A., Progress Report Form, and Exhibit C, Payment Request Summary Form. Interim payrnent requests cannot be made more frequently than quarterly and must be made using Exhibit A, detailing all work progress made during that payment re qrwst period,and Exhibit C. Upon the Department's receipt.of Elxhibit,,A and C,along with all supporting fiscal documentation and defiverables,the Department's Grant Manager will have ten(10)working days to review and approve or deny the payment request. PROJECTTIM FAIN E 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 must riot exceed the budget arnounts indicated below. Requests for any than must be submitted prior to the current task due date listed in the Project Timeline., Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. 7 ......................................................................................... . ..................._­.......... . ......................................................... .............................................................. Task Task,ritle Budget DE P Match Total Task Start Task Due No® Categ!!r osnn�t Amount Amount Date Date ....................................................... ................. I Kick Off Meeting 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 $0 $209,900 7/1/2021 3/31/2024 Sen An sitivity alysis,and Adaptation Plan ... ............... ..... .............. .................................................................................................................................. ........... .............................................................................................................................................................................................................................. 3 Project Administration Contractual $8,000 $0 $8,000 7/l/2021 3/31/2024 ServiLe.. ..................................................... ! �.................I . ................................. ........................ ............................................................ ............................... .................................... Iotal: 000 $0 1140,000 ....................._.................................................................................................................................................... ........................................ .................................. ...........................................................---................................ DEP Agreement No.:22PLN65 Page 3 of 3 Rev.2.11.22 4562 STNTE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTR)N Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services under-the Agreement,Grantee must allow public access to all documents,papers, letters,or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 1 19.07(l)1,F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as defined in section 119,070](])(a),F.S.,the following provisions apply and the contractor shall: a.. Keep and maintain Public Records required by Departnient to perform the service. b. LJpon 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 not exceed the cost provided in Chapter 119, F S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable firne may be subject to penalties under section. 1 190 10, F& d. E'nsure 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 c.ornpletion of time contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfiers all Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must,be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or EAcel,and any software formats the contractor is authorized to access. f. IFTHE CONTRACTOR HAS QUESTIONS REGARDINGTHE APPLICATION OF CHAPTER 119, .S®, TO THE CONTRACTOR'S DUTY TO ]:�ROVIDE PUBL'IC RECORDS RELATINGF TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSI"ODIAN OF PUB11C RECORDS AT: Telephone: (850) 245-2118 Email: p.gJ)fic.% rvk lii)flori(lad'A,�cesajh i I deLi�gqy Mailing Address: Department of Environmental Protection AT TN: Office 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 4563 STATE OF FLORIDA DE PART MENTCIF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 "The administration of resources awarded by the Department of Environmental Protection (which may be rejf rred to as the "Department", "DEP", "FDEP"or "(Wanior", or other name in the agreement)to the recipient(which may be reji rred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of EnvirontTiental Protection,as described in this attachment.. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425,or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any 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 State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CU'R Part 200,Subpart K EXI HBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General it) accordance with the provisions of 2 CFR Part 200.5 14 will meet 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 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of'2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 ("I'll,200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of ederal lJornestic Assistance(CFDA)via the Attachment 5 1 of 7 BGS-DU 55-215 revised 11/8/2022 4564 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 II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 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 hqjjs.//Wpsjjcj.fs com�f g� for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hjtp://w w. e state.fl.Lis/Welcorne/i�idex.cfi,�i, State of Florida's website at http.� wvvw..E y jda,coin/, ..... .....w__1 g ........................... V............ Department of Financial Services' Website at httj),:.//w,,w,w.fi,d.........f,.-,.co Ti/and the Auditor General's Website at . http://w jr M yf[c?Eida.coi-n/ai..i(igc.,�i/�. PART III:OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION I 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 4565 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 h :Hharvester.cens j �y .SV-�T.-K� � --__�t 5� ,QyjbcM& 2. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: EDE'llSinghLAa Ut(eNg state.fl.LIS . ... ......... 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(http.,!fflqLL qitorsg 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: F.!)T,P5_iQgkAm00 dep.5tate.fl. ..,Ps 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 4566 5. Recipients,when submitting financial reporting packages to the Department ofl,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 the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. IIIARTV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a Period of five(5)years from the date the audit report is issued, and shall allow the Department of' Environmental Protection,or its designee, Chief Financial Officer, or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of f.,'tivironrnental Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report is issued,unless extended in writing by the Department of E.rivironmental Protection. Attachment 5 4 of 7 BGS DEP 55-215 revised 11/8/2022 4567 .................... .................................................. 0 0 i�, o ou 0 CL,u ............... .............................. CiD o 0 ........................................................ ql O ........... ...... 0 421 -1 lu.0 2 kn a ea 0 0 cu 6 bi Q z rr ...................................... ................... 76 U r- ------------- ....................... ........................ cr cr ar (1) 78 0 0 u ................................ ................ 2 qjLZ " L-LLLI�-4 L.P" V� Aq ........................................... ...................................... 4568 2� �ma 4�ma � 2 9 � aa s C� i r � „ bf Rn sz Oj ,. caF.5 Gw tf, rq Ft 6M." Qk rv. C.:c "U r � �„ �s kap CAA?ear q e� ae .r ycn bb0 r i, RU �....:" ° Kra " " Cd C,a., SZ `� � ("y �+ ;� o•� „� � ^~�. � •an as w,,,,Q al ........... .. .................. ...... ................................. ....... ', E rZ G3 ca Z . t Un, On cd , wle ". ON Qa 0 a ,G Yw„ liw: i��� • e.. •aM" &, "'d"ro ef'Y Ci.w :w C CuY Gxw *^ �. _........ ......... ................ •o� • . � ........................ as " ewa ..,, " �x OU ci Cl Ewa Mw 6... 4 ca 4b m c 4P��b cv K iY t to NY C!7 n w S w• e� lY164 �J c Cx •m,m ' to bt a G, �' � � '• 0 16 06, ... 4569 .2 SE cr +0 4570 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM­SPECIFIC REQUIREMENT'S RESILIENT FLORIDA PROGRAM ATTACHMENI'6 I Sea 1 !ILqLeg!ion 5, tqdy &q.q r r I to .................. Ali e.n.e.g.t., If project is within the desigr ated area, pursuant Section 161.551, F.S. and Chapter 62S 7, Florida 4dministralive Code, the Grantee is responsible for- performing a Sea Level Impact Projection(SIAP)study and submitting the resulting report to the Department. The SLIP study report must be received by the Department,approved by the Department,and be published on the Department's website for at least thirty(30)days before construction cart commence.This rule went into effect July 1, 2021, and applies to certain state4unded construction projects located in the coastal building zone as defined in the rule. 2. EeR.pfts. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state,or local permit will be issued for a particular activity.'Fhe Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal,state,or local laws. Further,the Grantee shall abide by all terms arid 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. I A I—ta clb..!n qat.3..�......Gita.n.t Work..........P I a a,.._pe r h M..._e.a__s_ures__ All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act,also known as"508 Compliant,"in all formats provided. 4. Cqpy.[i t Patent and 'rradeniark. The Department reserves a royalty ftee, nonexclusive, arid irrevocable 91h I..............._.._ I _.............................— license to reproduce,publish or otherwise use,and to authorize others to rise, 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 may riot be used to support ongoing efforts to comply with legal requirements,including permit conditions,mitigation,and settlement agreements. 6. Fg!"din S o ug.g...e....,With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings(unless otherwise required under the special terms of this Agreement),Grantee agrees to include the Departnient's logo(which can be found on the Department's website at: ht'gps�/,/flc",Idadep,gov or by contacting the Grant Manager for a copy)on all publications,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 of Environmental Protection's Office of"Resilience and Coastal Protection Resilient Florida Program.The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the nronth and year of the publication. 7. E.I.W.a.1 PEqj.ec R oil.The Grantee must submit Exhibit F,Final Project Report Form,prior to requesting final . __'t-.qr� - payment The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where tire next quarterly report falls after the project's completion date. Rev.2.9.23 Attachment 6 Page I of 2 4571 8. PrQiect Pholo s.. The Grantee must submit Exhibit (1, Photo Release Form, with the first submission of deliverables and reports(Exhibit A.and F)that include photos. 9. Contractual Ser ice .For all grant agreements that include Contractual Services as an expenditure category, ..........-.. .. - Y►- the Grantee must submit I..,xhibit 14, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement, prior to requesting payment that includes contractual services. 10. Yulngrability Asses.s.n.-i ents.For all Planning grant agreements(Resilient Florida Grant Program and Regional Resilience Entities), the Grantee must submit FAhibit 1, Vulnerability Assessment Compliance Checklist Certification,with the final grant deliverable(s). 11. Ki.e..g"hic l.nf.o.rmatJ.o.nJjy....5 jcmjG Mfiles arid qs.s.ocia.te.d m..el a..d al..a..,.All CIS files and associated inetadata must adhere to the Resilient Florida Prograrn's GIS Data Standards(found on the Resilient Florida Program website: floi j5:�kkl� slandairds),and raw data sources shall be defined within the associated metadata. 12. State and Local Fiscal RecoveKy .................................... .....EgRd.5.For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds(SLFRF)under the American Rescue Plan Act,the Grantee must submit the SLFRF Reporting Requirements Form upon execution ofthe grant agreement. Rev.2.9.23 Attachment 6 Page 2 of 2 4572 DEPARTMEN,r OF ENVIRONMEN,rAL PROTECTION Resilient Florida Program Progress Report Form Exhibit A ............................................................................................ ............................................................................................................................................................................................................................................................. DEP Agreement No.: 22PLN65 ............................. ......................................................................................................................................................... ......-.-.................—....................................................— Pr .ectTitte: City of Marathon Vulnerability Assessment and Adaptation Plan ....................................................................-------2j......................................................................................................................... ....................... ....... Grantee Name: City of Marathon ............................................................ ............................................................................................................................................................................................................................................. .................... .... . . C...r...antee Address: ............................ :. .. ........... ........................................................ .................. .................................................� ............w................ ................. ....................................................................................... Grantee's grant Manager: �eieI & ..............----.................. ................... I ..............................!��po t.n P r o .: L..(r i g e i d .M. MI!..MYYYY MM/DD/YYYY) ................ .................................... ............................ ....................................... .................................... INSTRUCTIONS. Provide the following information f6r all tasks and deliverables identified in Attachment 3, Grant Work Plan: Description of the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, proposed work for the next reporting period,and percentage of the work that has been completed to(late. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan, The followi g .... ... ...... hould be followed. ...................................................................... Task 1: Progress for this reporting period® Identify any delays or problems encountered: Percentage of task completed: .................................................................... ........................................................................................................................... ..............................................................................—--------... ...................................................................................... Task 2® Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: .......................................................... ........... ................................................................................ ............................................................................................ ............................................................................................... Task 3: Progress for this reporting period: Identify any delays or problems countered® Percentage of task.completed: ------------- ------ ----- 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 above DEEP Agreement No. and accurately reflects the activities associated with the project. ................................................................................................. ......................................................................................................................................................................................................................... ............................................................................................................................................................................................................................ Signature of"Grantee's Grant Manager(or successor) Date Exhibit A,DFT Agreemetit#:22PLN65 I of 1 11/17/2021 4573 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEcTION RESILIEN,r FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUESTSUMMARY FORM I'lie current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be fbund on the Department's website at the link below. Fach payment request must be submitted on the current firm. The Department will notify grantees of any substantial changes to [,"xhibit C that occur during the ,rant:agreement period, W s:/ 1 P I'Ahibit C, Page I of I Rev. 12/02/19 4574 EXHIBIT F DEP AGREEMENT NO.22PLN65 CITY OF MARATHON VULNERABILITY ASSESSMENT AND ADAPTATION PLAN City of Marathon Final Project Report P r W 44 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 4575 Part 1.Executive Summary Part 11.Methodology Part 111.Outcome Include evaluation qfproject's ability to meet goals and exlwcledpe fbrmance measures andprovide explanationfin- .Wlry goals were not met, V'al..?plicable. Identif.y succesq1W oulcomes, areasfbr improvement, and quantifiable metrics as a result(#'the pr(�ject. Part IV,Further Recommendations Instructions for completing Attachment F Final Project Report Form: DEP AGREEMENT NO.:This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency,, PROJECT'nTLE:Eliter the title shown on the first page of the grant agreement MONTI I&YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement.Please limit 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 PrQject Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 ofthis agreement. Exhibit F,DEP Agreement#22PLN65 Page 2 5/12/2022 4576 a 95®ARP�F Florida Department of Environmental Protection EXHIBIT G " PHOTOGRAPHER RELEASE FORM ® QVTAL V �4�` 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/artwork/recording rile name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G,DEP Agreement#:22PLN65 11/19/2021 Page 1 of 1 4577 STATE OF FLORIDA DEPARTMENT OF ENVIRONMEN,rAL PROTECTION I RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES (.ERTIFICATION Exhibit If. Required for all grant agreements that include Contractual,Services as an expenditure category. DET Agreernent Number: 22PL.,N65 Project"Fitle: City of Marathon VUlnerability Assessment and Adaptation Plan Grantee: City of Marathon Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the (Irantee's procurement process, as consistent with Attachrrient 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the cornpany name and address Jor each subcontractor.- 3. An explanation of how and by the Grantee made their deten.nination(s) f(..)r the subcontractorts) selected to perfbmi certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit II, signed and dated by the Grantee's own (non-Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non Departmental policies and procedures for subcontractors. ... ... ....................... Grantee's Grant Manager Signature ......................................... .................... ......... Print: Name ..........................................................................................................................­­.......................................................................................................... Date 4578 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIEN'TFLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I Requiredfor all grant agreements. DEP Agreement Number: 22PLN65 Project Title: City of Marathon Vulnerability Assessment and Adaptation Plan .... ......... Grantee: City of Marathon ...................................... . ..................................................... ............................................................................................................................................................ By signing this Vulnerability Assessment Compliance Checklist Certification (hereinafter "Checklist Certification") the Grantee certifies that, upon execution of the Agreement, it will have reviewed the statutory requirements for vulnerability assessments in subsection 380.093(3), RS., 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 completed in the mariner described in this Checklist Certification. ................................................ Grantee's Grant Manager Signature ........................................................................ ...... Print Name Date Exhibit I I of 4 Rev. 6/l/2022 4579 VULNERABILITY ASSESS MENTCOMPLIANCE CHECKIAST, In accordance with subsection 380.093(3),FaS.,the following components,scenarios,data,and information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida Program webpajye at the link below: �flmida pro�ranl ok dakl- standards Part I--Subparagraph 380.093(3)(c)2.,F.S. .........................................I.......................... ........................................ ....................................................................................... .......................... Item Check if Page Reference ID Included Item Description in VA Report _____ (.If ap livable)_...., ................................................................................................................................................................................................ .................... ...................pl� ........... Final Vulnerability Assessment Report that provides details on a 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 GIS Data Standards and include the followin.g.three items: ........................................................ ..................- . ............. ...................................... b 11 Geospatial data in an electronic file format. ..................................................................................--...... ........ ......................-....................... ................................................................................... c E.1 GI S. metadata. ..................................................... ........................................................................... ............................................................................................ List of critical assets for each jurisdiction, including regionally d El significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and .......................!..........................................................................must.identif which flood scenarios) impacts each asset ..................... ...........................Y................................................................................................. _......pl� ............................. Part 2-Subparagraphs 380.093(3)(d)l. and 380.093(3)(d)2.,F.S. ........................................................................................................................------..................... .............................. ...... ................... Item Check if Page Reference ID Included Item Description in VA Report f livable ...................................................................................................................................................-................................................................................................................................... (i Peril of Flood Compliance Plan amendments developed that e 11 address paragraph 163.3178(2)(f), F.S., if applicable, f Not applicable 0 Already in compliance ................................ ..................................................................................... - -........................................................................................... . ................................................................................... f Depth of tidal flooding, including future high tide flooding, using thresholds .ublished and provided!I S ............................. ......................................................... ................. _!!je D'M ent. .................. 'ro the extent practic�able, analysis geographically displays the g— E] number of tidal nood days expected for each scenario and . ........ ,,plan i�M.horizon, (fytional I................................................. ................................ ................................................................... .. ............................................................................................................................ Depth of current arid future storm surge flooding using publicly El available NOAA or FEMA storm surge data.(check one) [.1 NOAA data I."] FEMA data ........................................... ...................................................................................................................... ................ ........................................ i F-1 Initial storm surge event equals or exceeds current 100--year flood event. ...................... .......— ...........- ....... ....................-............................................ ................. ............... I ligher frequency storm analyzed for exposure of a critical asset. but m tpLo us E Ede additioal d netail if includey) ......... ....................................... .................. ..................................... .......................................... ............................................. Exhibit 1 2 of Rev. 6/1/2022 4580 ............. ......... ............. .......... To the extent practicable, rainfall-induced flooding was k E I considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results, ("r°equired if item e is not ...........................................eq�[,Yicab —10..................................... ....................................... .............. Future boundary conditions have been modified to consider sea ................................................. level rise and high tide conditions -LT9 - _ _ _-_ _ : (Pptli� .................... ................................... m El Depth of rainfall-induced flooding for I 00-year storm and 500 Year storm event,f uired�f item e_is,not qff!��qp!kL _ . ............................................ ................................................ .................. To the extent practicable, compound flooding or the combination of tidal,storm surge,and rainfall-induced flooding, ......................................... ................ Part 3-Subparagraph 380.093(3)(d)3.,F.S. ...............................-.--............................................ ................I ............-.1-..........I............................. .......... ..................................................................................................................................................... Item Check if Page Reference ID Included Item Description in VA Report ...................................................................... ............................................................................... ........................................ ......................................................................(if a p �ab_pj! _I 0 0 All a rme"analyses perfod in North American Vertical Datum of 1988. ....... ............ ............. ............................................................................................................................. ................................................................................................................. .... ...................................................................... Includes at least two local sea level rise scenarios, which must p include the 2017 NOAA intermediate low and intermediate hi� seas risurojections, ............................... ................. .................- .............................................................. ............ q Includes at least two planning horizons, which must include ....................................... years 2040 and 20.70...--........................ ........................................... .......................................................................................... r FJ Utilizes local sea level data that has been interpolated between the two closest NOAA tide gauges. ................................................................ ............................................................................................................... ................................................................................................................................................................................................................................. Local, publicly available, sea level data was taken frorn one of the two closest NOAA tide gauges, which must be the gauge S with the highest mean sea level (if so, provide Department .................................I................................................................-J...EM.r.O.Yaq.�.................................................................................................................................................................................................................................................................... ............................................................................ Identify the Florida municipalities that are included in this Vulnerability Assessment: ........................................................................................................................ ..........................-............. ......................... .. ........................ ...................... ......... ...................................................................................................... ............................................................................................ ......................... ...................................................................... .................................................................... ..................................................................... ......................................... .............................................. ....................... ........... ........ ....................................................................................-- --............................ ........... ................................................................. ................ --................................................................................................... .................................................................................... .......... ............................--.-..........................-.-...................................................................................................................... ............................ ................................. ......................................................... ................................................................. ............................................................. ................................................................................... ---................................................................. .............................................. ...... ............... .................................................................................................... ....................................................................................................................................................................................................................................................... ........................................... -.----]-..................... .......................................................................................................................................... Exhibit 1 3 of 4 Rev. 6/l/2022 4581 I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate;as of the date;of the signature below, -- .............. ...... Grantee's Grant.Manager`signature _.. ... ..__.__ _... _. .... ......... Print Manic, _..... _. . -- ............................................... ...... Data Exhibit 4 of 4 Rev. 6/l/2 22 4582 710/2/2023 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 300 Madison Avenue, 28th Floor A/C No Ext: 212-994-7100 A/C,No):212-994-7047 New York NY 10017 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:BR-724491 INSURERA:Zurich American Insurance Company 16535 INSURED WSPGLOB-01 INSURER B: Liberty Insurance Corporation 42404 WSP USA Environment& Infrastructure Inc. 5015 S. Florida Avenue, Suite 301 INSURERC: Lakeland, FL 33040 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:648190182 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y GLO 9835819-10 5/1/2023 5/1/2024 EACH OCCURRENCE $3,500,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $3,500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $3,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $7,000,000 POLICY❑ PRO ❑ JECT LOC PRODUCTS-COMP/OP AGG $4,000,000 X OTHER: $ B AUTOMOBILE LIABILITY Y AS7-621-094060-033 5/1/2023 5/1/2024 COMBINED SINGLE LIMIT $5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY A JPIX T Per accident } $ l' UMBRELLALIAB OCCUR By EACH OCCURRENCE $ CLAIMS-MADE DA,1,E „�„_,10 2-2*y� --"' AGGREGATE $ EXCESS LAB f""`h DED RETENTION$ $ B WORKERS COMPENSATION WA7-62D-094060-013 5/1/2023 5/1/2024 X PER OTH- B AND EMPLOYERS'LIABILITY Y/N WA7-62D-095609-073 5/1/2023 5/1/2024 STATUTE ER B ANYPROPRIETOR/PARTNER/EXECUTIVE WC7-621-094060-913 5/1/2023 5/1/2024 E.L.EACH ACCIDENT $2,000,000 OFFICE R/M EMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION. 600907.Vulnerability Assessment Modeling for Marthon. The Monroe County Board of Commissioners,its employees and officials are included as Additional Insured with respect to the General Liability and Automobile Liability policies as required by written agreement, pursuant to and subject to the policy's terms,definitions,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4583 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 710/2/2023 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AJG Service Team Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 300 Madison Avenue A/C No Ext: 212-981-2485 A/C,No:212-994-7074 28th Floor ADDE-MRESS: GGB.WSPUS.CertRequests@ajg.com New York NY 10017 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: QBE Specialty Insurance Company 11515 INSURED WSPGLOB-01 INSURER B: WSP USA Environment& Infrastructure Inc. 5015 S. Florida Avenue, Suite 301 INSURERC: Lakeland, FL 33040 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:2143764035 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident 16K, $ :7 UMBRELLA LIAB ° OCCUR I � EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE ""' AGGREGATE $ DED RETENTION$ 2.23 �„ $ WORKERS COMPENSATION DATE """ � 10." PER OTH- AND EMPLOYERS'LIABILITY Y/N WAMM ?Aug STATUTE ER ANYPROPRIETOR/PARTN ER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability QPL0022630 11/1/2022 10/31/2023 Per Claim/Aggregate $1,000,000 CLAIMS-MADE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION 600907.Vulnerability Assessment Modeling for Marthon. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 — @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4584 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE