Item O13 013
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: 013
2023-1397
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into planning grant
22PLN65 and approval of Consent to Assignment 22PLN65-Al for $240,000 from the Florida
Department of Environmental Protection under the Resilient Florida Grant Program to complete a
Vulnerability Assessment for the City of Marathon,pursuant to Section 380.093, Florida Statutes, with
$0 match; authorization for County Administrator to execute any necessary documents.
ITEM BACKGROUND:
This item authorizes a $240,000 planning grant under the Resilient Florida Grant Program for Fiscal
Year 2023-24 to complete a comprehensive Vulnerability Assessment for Marathon,pursuant to
Section 380.093, Florida Statutes (F.S.). It also authorizes an assignment of the grant from Marathon
to Monroe County. No County funds are being expended under this grant.
Marathon has a need for the Vulnerability assessment work to be completed so it is in compliance with
the Resilient Florida grant program and can submit for future resilience project grants. Marathon
requested that Monroe County perform the work on its behalf, and requested that its grant be transferred
to the County. Because the County has experience in this work, having completed several updates of
our own vulnerability assessment, staff agreed to conduct the work.
PREVIOUS RELEVANT BOCC ACTION:
June 21, 2023: Approval to enter into planning grant 22PLN97 for $137,875 from the Florida
Department of Environmental Protection under the Resilient Florida Grant Program to complete a
Vulnerability Assessment for Key Colony Beach and Layton,pursuant to Section 380.093, Florida
Statutes, with $0 match.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
4853
DOCUMENTATION:
Fully Executed 22PLN65® CITY OF MARATHON VULNERABILITY ASSESSMENT AND
ADAPTATION PLAN ® in Marathons name.pdf
22PLN65—A1—Consent—to—Assignment of Grant-2--l.pdf
FINANCIAL IMPACT:
Effective Date: Upon execution Expiration Date: June 30, 2024
Total Dollar Value of Grant: $240,000
Total Cost to County: None
Current Year Portion: N/A Budgeted: N/A
Source of Funds: Resilient Florida grant program
CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: TBD
Revenue Producing: Yes If yes, amount: $240,000.
Grant: Yes County Match: None
Insurance Required: No
Additional Details:
4854
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
4855
$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,
4856
: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.
4857
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
4858
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
4859
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
4860
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
4861
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.
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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
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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.
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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
Notification..............................
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
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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
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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
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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
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4868
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
4869
STXTE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PRO'ncnON
Special Penns and Conditions
AGREEMENTNO.
ATTACHMENT2
These Special Tcrms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1. Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is The Project is defined in more detail in
Attachment 3,Grant Work Plan.
2. Duration.
a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement.
1.). Extensions.There are extensions available for this Project.
n�......................—,
c. 5 .Y.1 c e P
.. .eriod.s.... m
.Additional service periods ay 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. Com sation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement
..................."e .............
as described in Attachment 3.
b. Itivoicif"1g,invoicing will occur as indicated in Attachment 3.
ne
C. Ady P Advance Pay is not authorized under this Agreement.
....................�L 9
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement Match C
.............. .............. �MEV
Salaries/Wages
Overhead/indirect/Gerieral and Administrative Costs:
I IJ a. Fringe Benefits,N/A.
L1 I I b. Indirect Costs,N/A.
Contractual(Subcontractors)
Travel,in accordance with Section 112,F.S.
ID El Fquipment
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
Re uired-Qoy�rne. 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
4870
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,
however the minimum insurance requirements applicable to this Agreement are-.
tt,
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. "T'he 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, GoryL%gLrcial Automobile s. c(L
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability,bodily injury,and property damage coverage. Insuring clauses for both bodily inpury and property
damage shall provide coverage on an occurrence basis.The Department,,its employees,and officers shall be
named as an additional insured on any automobile insurance,policy. The minimum limits shall be as follows:
$200,000/300,000 Automobile Liability for Corn party..Owned Vehicles, if applicable
$200,000/300,000 Hired and Non owned Automobile Liability Coverage
c. Workers' Comoensation and Emi)loyg-rls.Iiability-CovectM.
,fhe 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 under this Agreement.
11. Subcontracting.
`if he 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
perkrirned 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 Eyidence Rgqu.irernent ubcontractorls,
............ for S.. - )� If any work associated with this Agreement is completed
by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g.,
workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s)has fully performed its
Project obligation(s).The Grantee shall forward copies of all such documentary evidence to the l3epartment with the
Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement
(Grant Work Plan).
Attachment 2
2 of 2
Rev.8/19/2021
4871
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
4872
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
4873
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
4874
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
4875
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
4876
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
4877
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
4878
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
4879
....................
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4881
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4882
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
4883
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
4884
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
4885
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
4886
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
4887
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
4888
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
4889
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
4890
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
4891
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
4892
............. ......... ............. ..........
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
4893
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
4894
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.]
Page 1 of 2
4895
IN WITNESS WHEREOF,this Consent shall be effective on the Effective Date indicated above
or the last date signed below,whichever is later.
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
Approval as to form and legal sufficiency for
Monroe County, only.
Monroe County Attorney's Office 10-2-2023
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