10/18/2024 Agreement N%
,v..: Clerk of the Circuit Co0& Comptroller - Monroe County, Florida
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KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Oversew Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
CONTRACT
BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
WSP USA ENVIRONMENT & INFRASTRUCTURE, INC.
FOR
VULNERABILITY ASSESSMENT MODELING FOR MARATHON
THIS AGREEMENT is made and entered into this 18th day of October , 2023 by
MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address
is 1100 Simonton Street, Key West, Florida 33040 and WSP USA Environment& Infrastructure,
Inc.,("CONSULTANT"),whose address is 16250 NW 59 h Street, Suite 206,Miami Lakes,Florida
33014.
WITNESSETH
WHEREAS, the COUNTY issued its Request for Proposals RFP ("RFP") pursuant to state and
local law to solicit proposals to develop a vulnerability assessment for the City of Marathon; and
WHEREAS, Consultant is a professional qualified to render said services and has responded to
the RFP by submitting its proposal in response to the RFP ("Proposal"); and
WHEREAS,the COUNTY desires to engage Consultant to provide such services to the COUNTY
and Marathon according to the terms and subject to the conditions set forth herein, and
WHEREAS, grant 22PLN65 Marathon Vulnerability Assessment Development is funding the
vulnerability assessment portion of the work.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the
COUNTY and CONSULTANT do hereby agree as follows:
Section 1. SCOPE OF SERVICES
CONSULTANT shall perform and carry out in a professional and proper manner certain duties as
described in the Grant Agreement 22PLN65 —Exhibit A—attached hereto and made a part of this
agreement.
CONSULTANT shall provide the scope of services in Exhibit A for the COUNTY.
CONSULTANT warrants that it is authorized by law to engage in the performance of the activities
herein described, subject to the terms and conditions set forth in these Agreement documents. The
CONSULTANT shall at all times exercise independent, professional judgment and shall assume
professional responsibility for the services to be provided. Consultant shall provide services using
the following standards, as a minimum requirement:
A. The CONSULTANT shall maintain adequate staffing levels to provide the services
required under the Agreement.
Page 1 of 14
B. The personnel shall not be employees of or have any contractual relationship with
the County. To the extent that Consultant uses sub consultants or independent
Consultants, this Agreement specifically requires that sub Consultants and
independent Consultants shall not be an employee of or have any contractual
relationship with County.
C. All personnel engaged in performing services under this Agreement shall
be fully qualified, and, if required, to be authorized or permitted under State and
local law to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 The County will provide such data as is required by the Consultant and is mutually agreed
upon.
2.2 The County will make payments as outlined in Section 4 of this Agreement.
Section 3. TERM OF AGREEMENT
3.1 Except as noted below, this Agreement shall begin on the date of execution and will
conclude with delivery of the deliverables outlined in Section 1 of this Agreement,which
shall not be later than June 30, 2024.
Section 4. PAYMENT TO CONSULTANT
4.1 The COUNTY shall pay the CONSULTANT for the CONSULTANT'S performance of
this Agreement an amount not to exceed Two Hundred Forty Thousand Dollars($240,000).
The Contract Sum shall not exceed this amount unless amended by formal approval of the
Monroe County BOCC. No charges shall be incurred by the County other than products or
services that were ordered,provided and agreed upon by the COUNTY.
4.2 Payment will be made according to the Deliverable Schedule in included in the grant
attached as Exhibit A, and according to the Florida Local Government Prompt Payment
Act, Section 218.70, Florida Statutes. The Provider shall submit to the County an invoice
with supporting documentation in a form acceptable to the Clerk. Acceptability to the
Clerk is based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds. The Project Manager will review
the request,note his or her approval on the request and forward it to the Clerk for payment.
4.2 Monroe County's performance and obligation to pay is contingent upon an annual
appropriation by Monroe County.
Section 5. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to perform its
obligations under the Agreement. COUNTY may terminate this Agreement with or without cause
upon thirty (30) days' notice to the CONSULTANT. COUNTY shall pay CONSULTANT for
work performed through the date of termination.
Page 2 of 14
Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS
A. CONSULTANT hereby agrees that he has carefully examined the RFP, his response, and
this Agreement and has made a determination that he/she has the personnel, equipment,
and other requirements suitable to perform this work and assumes full responsibility
therefore. The provisions of the Agreement shall control any inconsistent provisions
contained in the specifications. All specifications have been read and carefully considered
by CONSULTANT,who understands the same and agrees to their sufficiency for the work
to be done. Under no circumstances,conditions, or situations shall this Agreement be more
strongly construed against COUNTY than against CONSULTANT.
B. Any ambiguity or uncertainty in the specifications shall not be construed against the
drafter.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by
CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with the
terms of this Agreement, and specifications covering the services.
D. CONSULTANT agrees that County Administrator or his designated representatives may
visit CONSULTANT'S facility (ies) periodically to conduct random evaluations of
services during CONSULTANT'S normal business hours.
E. CONSULTANT has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and will at all times
conduct its business activities in a reputable manner. Proof of such licenses and approvals
shall be submitted to COUNTY upon request.
Section 7. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed,postage prepaid,to the other party by certified mail, returned receipt requested, to the
following:
To the COUNTY: County Administrator, Mr. Roman Gastesi
1100 Simonton Street, Suite 205
Key West, Florida 33040
With a copy to: Monroe County Attorney's Office
1111 121' St. Suite 408
Key West FL 33040
To the CONSULTANT: WSP USA Environment& Infrastructure, Inc.
16250 NW 591' Street, Suite 206
Miami Lakes, Florida 33014
Section 8. RECORDS/FLORIDA PUBLIC RECORDS LAW (F.S. 119.0701)
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
Page 3 of 14
records purposes during the term of the agreement and for five (5)years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid
to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant
to Section 55.03 of the F.S., running from the date the monies were paid to Consultant.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records
laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the service.
b. Upon request from the public agency's custodian of public records,provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter
119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in
possession of the contractor or keep and maintain public records required by the public
agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to Monroe County,upon request from the
public agency's custodian of records, in a format that is compatible with the information
technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, r e�-
brian(&,monroecounty-fl.gov, c/o Monroe County Attorney's Office, 1111
12 St., Suite 408, Key West FL 33040.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONSULTANT warrants that it has not employed,retained or otherwise had act on its behalf
any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the COUNTY may, in its discretion, terminate this
agreement without liability and may also, in its discretion, deduct from the agreement or purchase
price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
Page 4 of 14
Section 10. CONVICTED VENDOR
By signing this agreement, CONSULTANT represents that the execution of this Agreement will
not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from County's competitive procurement activities.
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on an Agreement with a public entity for the construction
or repair of a public building or public work,may not perform work as a CONSULTANT,supplier,
sub Consultant, or CONSULTANT under Agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed
on the convicted vendor list.
Section 11. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue shall lie
in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
Section 12. SEVERABILITY
If any term, covenant, condition or provision of this Agreement(or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 13. ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, and court costs,
as an award against the non-prevailing party. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the Circuit Court of Monroe County.
Page 5 of 14
Section 14. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
Section 15. AUTHORITY
Each parry represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session,then any parry
shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This Agreement shall not be subject to arbitration.
Section 17. COOPERATION
In the event any administrative or legal proceeding is instituted against either parry relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT
agree to participate, to the extent required by the other parry, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of
the services under this Agreement. COUNTY and CONSULTANT specifically agree that no parry
to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
Section 18. NONDISCRIMINATION
COUNTY and CONSULTANT agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any parry, effective the date of the court order. COUNTY or CONSULTANT agree
to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964
(PL 88-352)which prohibits discrimination on the basis of race, color or national origin; Title IX
of the Education Amendment of 1972,as amended(20 USC ss. 1681-1683,and 1685-1686),which
prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
Page 6 of 14
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968
(42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended
from time to time, relating to nondiscrimination on the basis of disability; Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
Section 19. COVENANT OF NO INTEREST
COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not
acquire any interest,which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
Section 20. CODE OF ETHICS
The parties understand that officers and employees of the COUNTY are required to comply with
the standards of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency;unauthorized compensation;misuse of public position, conflicting employment
or contractual relationship; and disclosure or use of certain information.
Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission,percentage, gift, or consideration.
Section 22. PUBLIC ACCESS
The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection
of, all documents,papers, letters or other materials in its possession or under its control subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
Page 7 of 14
Section 23. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of the COUNTY
and the CONSULTANT in this Agreement and the acquisition of any commercial liability
insurance coverage,self-insurance coverage,or local government liability insurance pool coverage
shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
Agreement entered into by the COUNTY be required to contain any provision for waiver.
Section 24. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall
it be construed as,relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
Section 26. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither
the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
Section 27. ATTESTATIONS
CONSULTANT agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion
Agreement.
Page 8 of 14
Section 28. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any of
the parties hereto may execute this Agreement by signing any such counterpart.
Section 30. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for Other Consultants and Sub Consultants.
As a pre-requisite of the work governed,the CONSULTANT shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
CONSULTANT will ensure that the insurance obtained will extend protection to all Sub
Consultants engaged by the CONSULTANT. As an alternative,the CONSULTANT may require
all Sub Consultants to obtain insurance consistent with the attached schedules; however,
CONSULTANT is solely responsible to ensure that said insurance is obtained and shall submit
proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of this Agreement.
The CONSULTANT will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the CONSULTANT
to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the CONSULTANT's failure to provide
satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of this
contract and any extensions specified herein. Failure to comply with this provision may result in
the immediate suspension of all work until the required insurance has been reinstated or replaced
and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion
of work resulting from the failure of the CONSULTANT to maintain the required insurance shall
Page 9 of 14
not extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the CONSULTANT's failure
to maintain the required insurance.
The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance, or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract. All insurance policies must specify that they are not subject to
cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty
(30) days prior notification is given to the County by the insurer.
The acceptance and/or approval of the Consultant's insurance shall not be construed as relieving
the Consultant from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
31.2 Insurance Requirements —General Liability
Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be $500,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Page 10 of 14
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
31.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONSULTANT shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition,the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract. Coverage shall be
provided by a company or companies authorized to transact business in the state of Florida.
31.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the Consultant shall purchase and maintain, throughout the life of the
contract,Professional Liability Insurance which will respond to damages resulting from any claim
arising out of the performance of professional services or any error or omission of the Consultant
arising out of work governed by this contract.
The minimum limits of liability shall be$500,000 per occurrence/$1,000,000 Aggregate
Section 32. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising
out of the sole negligent actions of the CONSULTANT or substantial and unnecessary delay
Page 11 of 14
caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its performance
of this contract. The amount and type of insurance coverage requirements set forth hereunder shall
in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further, the
CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the sole
negligent act of the CONSULTANT.
Section 34. INDEPENDENT CONSULTANT.
At all times and for all purposes hereunder,the CONSULTANT is an independent Consultant and
not an employee of the Board of County Commissioners. No statement contained in this agreement
shall be construed so as to find the CONSULTANT or any of his/her employees, Consultants,
servants or agents to be employees of the Board of County Commissioners for Monroe County.
As an independent Consultant, the CONSULTANT shall provide independent, professional
judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations
applicable to the services to be provided.
Section 35. COMPLETENESS OF WORK.
The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be disclosed.
The cost of the work necessary to correct those errors attributable to the CONSULTANT and any
damage incurred by the COUNTY as a result of additional costs caused by such errors shall be
chargeable to the CONSULTANT. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the COUNTY or other public or semi-public
agencies.
The CONSULTANT agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the services
specified in this contract. Such delays or hindrances, if any, shall be compensated for by the
COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the
work schedule. Such an agreement shall be made between the parties.
REMAINDER OF PAGE PURPOSELY LEFT BLANK
Page 12 of 14
ICI WITNESS M 11'.'R :(:1", the parties hereto have caused these presents to be eXecUted] 011 the
18th cl 1Y of October 2023,
ark" P ti
BOARD OF COUNTY COMMISSIONERS
YY i r.
Ap
n Madok, �.; .� ['
(w'L.ION V, FLORIDA
As Deputy y Clerk Mayer
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E ille: 1°"1oritIa vi l,�iviM•onnncnt
Senior Vice ]"re,sident.
CORPORATE
Approved as to form and legal s►,t1ficienc :
Monroe County Attorney"s Office 10-2-2023
j
CONTRACT ATTACHMENT
Exhibit A— Grant 22PLN65
Page 14 of 14
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("Proj ect"),to the extent the Proj ect 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
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:
��iras� e or ssig �aar:
/22
Luis Gonzalez, Mayor Date Signed
Attest:
Monroe County Board of County Commissioners:
Assignee:
October 20, 2023
Roman Gastesi, County Administrator Date Signed
State of Florida Department of Environmental Protection
DEP or Department
11/27/2023
(Secretary or Designee) Date Signed
Approved as to form and legal sufficiency
for the use of Monroe County only:
Monroe County Attorney's Office 10-20-2023
Page 2 of 2
STATE OF FLORIDA
DEP.ARTMI�,N]'OF'ENV'IRONMEN'I'AL PROTECTION
...................................-...................................... Standard GrariLlam rep mMentL.........................
This Apreewent is entered into between the Parties nam
I. Project,Title(Project): Agreement Number:
City of Marathon Vulnerability Assessment and Adaptation Plan 22P1.,N65
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard (Departri-hent)
Tallahassee,Florida 32399-3000
....... ........................ .............. ................................................................................................................. ............................... .... ................................ ......................................................................- .............
Grantee Narne: City of Marathon Entity Type: Local Municipality
Grantee Address: 9805 Overseas Highway,Marathon,Florida,33050 FEID: 65-0984873 Gra t
3. Agreement Begin[)are: Date of Expiration:
7/1/2021 6/30/2024
IIIII4. Project Number: Project Location(s):City of Marathon,Monroe County,Florida
(if dy)erentftom AgrPentene 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.
011-111-
5. Total Amount of Funding l7unding Source'? Award#s or Line Item Appropriatiorts:' Amount per Source(s):
R State El Federal FY21-22 GAA 1707A $ 240,000.00
.............. ....................... ........................... ......................................... .................. ..................
$240,000.00 7
I Ll State 01"ederal $
................ ........
EJ Grantee Match
..........:�..................--................................--i................. ............... ................. ..................................................................... ................................................................................................
Total Amount of Funding i (".Yrantee Match,if an $ 240,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Kayci C larter Name: Maria Covelli
........... . ................ ....................... ........................................... ........................... .......................
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: Kayciil.Carter(0)FloridaDEP.gov EniaiL covellim(0)eLmarathon.Mus
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
inco�p ed�y reference:
.......................................... ............. .................... ........... ....... .............---............................. ............................................................................ ................................. .............. .............................
R Attachment 1: Standard'Ferms and Conditions Applicable to All Grants Agreements
.......................................... .................................................. .......................... ....... ..........................---............................ --........................................ .............. ..............................
F,!l AttachMent 2: Special Terrn!.--,�and Conditions
--................................ ............ . ............................................................................................................ . ............................... ..............----................................ . ........................................-...................................... ................
i�fl Attachment 3: Grant Work Plan
............................. .................
[i) Attachment 4:Public Records Requirements
.............................................-.............. ........................................................................................... .......................................-.1............-.. ..........---............. ............................................. ...................................................
palAttachment 5: Special Audit Requirements
................................. ........................................................................................... .... ........................................................ ..............
9 Attachment 6:Program Specific Requirements
..........- ............ .. ........... .......... ............. .............................. ................
I Attachment 7:Grant award'Terms(Federal)*Clopy available at Wips,'/[�LLuo�JhWsl con),in accordance With§215�985,F&
............................—.-..........--................................................---...................................--............... --.-............................. ................................ ......................................................................................-.-............................... ..................................... ......................... ...............
0 Attachment 8: Federal Regulations and terms(Federal)
.. .................. ...................................—.-. ............................ ............................................... -...................... ............................................................................................. ................... .......................... ...........
0 Additional Attachments(if necessary):
-................................................................................................................---..................... .......................... .................. ................................ .......................................................................................................................... ..........
9 Exhibit A: Progress Report Form
..... .....- ............. ........... ...........
Exhibit B: Property Reporting Form
..........I ....................... ..................................................................... ......... .. .......... . ...............................................................................
�x� Exhibit C: Payment Request Summary Forni
....................................................... -................................................................................................... ...... .................. ................---................................... ..................................................................................................................................... ..............................
I I Exhibit D:Quality Assurancc Requirements
.........................................--.-...............................-........................................... ........................... ....................... ..................................................................--............... .............................. -................. ..............................
i Exhibit E: Advance Payment'Ferms and Interest Earned Merno
.................................... ..................................................................................................................- -..............-.............. .................-...................... ............. ......................................................................................................................--..................
0 Exhibit J: Common Carrier or(.,"ontracted Carrier Attestation Form PUR 1808
............. ...... ............. ............ ...............-
R Additional Exhibits(if necessary):Exhibit F.urinal Report Form,Exhibit G:Photographer Release Fortur,Exhibit It:Contraduat Services Certification,Exhibit 1:
Vulnerabifity Assessment Compliance Checklist Certification
................................... .......... .................. .. ................... ....................... ............................... .................................... .....................- . ................. ...................................-...............
11F'13 Agreement No. 22PLN65
Rev. 10/18/22
f$ 11nc followinlp information applies to Fede"aal Grants only and is identified in aaccordaira d m'Ath 2 C°I°°`R 2d)31 a)(1 Y _
d a i.deml 'Award WentiCic _.
atip.aaa'�ieaNawRaaard,a�
ti cderal dww-d Date tax Dgd�!rtaatenC
I f)IM d eade aal Rinds 0bl„a atcd b v this /3. H Dana nt
..... .._.. .
I c°cic�rad rS ✓ardin Age1ic'Y": _
'°+a'wardl#t&D7 . , i I Y.es ( IN/,"M _.__ _.....
IN WITNESS WHERIC"OF,this Agreement shall be effective on the date indicated by the�,kgreement.Begin Date above or the
last date si erred b�hichever is latex..m
City of Marathon
( lt,�IV"I"L;la
q1ceI2.::.3
By
(.9trhori7ed,Sig (it r..o.} ........ ........... ___._..__ . .....,,..... ,. _ .._ — Date Signed
Luis C'Sonzalez,Mayor
Prnat Name and Title of erson �"rr�ly���������
"~state of Florida Department of Flovironnnental Protection Dh 11AIII MEN 1
try �� �� 4/14/2023
Sec;re:tary or C)casiitn e^^ Cate,Signed
Alex heed,Director of the Office of Resilience and Coastal protection
Print Narnc and'l,itle caf Pei'soti roi:rnirr x
1�1 Additional signatures attached on separate page.
DIT Agreement No. 12PI N65
Rev. 10i18/ l
ORCII Additional Signatures
DEP rant_.. a cr,Kayci Carter
---__.._.__ ._.___.._. _._._..._..._..___---.......__...__......._.. ._
DEP QC Reviewer,Jeremy Jinienez
Grantee may add additional signatures below,, f needed.
STATE OF FLORIDA
I)JIT,PAR'I'MEN'1'CIE,ENVIRONMEN'I'Al,PROTECTION
I
STAN A DRD TERMS AD CNONDITIONS
I
APPLICABIX TO GRANT 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, witedier 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 inake up the Agreement,the
Order.........
order of precedence for interpretation of the Agreement is as follows:
L Standard(!rant 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 cornmunication 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 rnail 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 submitted 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 Unds 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 funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in tire Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However-, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
C,onditions.
Attachment I
I of 12
Rev. 11/14/2022
4. Deliverables,
The Grantee agrees to render the services or other units oftlefiverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that: (1)the services will be per-formed by qualified personnel; (2)the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
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 the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acce tance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
.............. P
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. Rgi gfi..o r..i o f.'.Q.e_I iye.rables, The Department reserves the right to reject deliverables,as outlined in the Grant
Work Plan,as incomplete, inadequate,or unacceptable due,in whole or in part,to Gyrantee"s lack of satisfactory
performance under the terms of this Agreement,'Fire Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may
allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding,Pgyrnept, 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. Coff ective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
.......Action—------—1 .1
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 performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a (:;Al' 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
require additional or further,remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the[.)regress of the CAP will be made to
Department as requested by Department's Grant Manager.
iiL 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. Pay.ment Prop'es"'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. Ta.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 front this
Agreement.
c. Maximum Amount of A -gIlierit. The maximum amount of"compensation under this Agreement, without an
Maximum............. .............. _sad"
_
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,avid 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:
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
.............................................
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Inter is............r im IE4 rig r i discretion,„ if the completion of
. Interim payments may be made by Department, at its discf
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. D—nal Eayrrigjg113,gcL si,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. Aunt al A pK9p i io i..Con.ti!MgM. The State's performance and obligation to pay under this Agreement is
Aunt...................1-P .. nA K. �......................
contingent upon art 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 tinder 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. &fLuidof.P. ments to the Der a4mentlAny balance of unobligated funds that have been advanced or paid must
............ p —
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.IfthiiAMpment is funded with federal funds.......... .......................................funds
.............
and the..J e artmerrt...s re uired to refund the federal g oyprqmm at,-the Grant.e.e. st'lall refund the Qqp.AAMg!!t its
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 1
3 of 12
Rev. 11/14/2022
a. 5.41 a 1. Mg ,
i, Cyrantee 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 reirnbursement 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. C o n q...a..c.1u...aJ Co.sts Match or reimbursement requests for, payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical, to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate,
per hour, and hours spent on the Project. AH 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 Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing$5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 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.Tire 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 perfon-ned by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee rnayr proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act tinder section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travo.,. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
P.S.
e. Direct PurchaseJ.'a,
................................... . qipmepk For the purposes of this Agreement, Fquipment 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 Exhibit B,Property Reporting Form.
f Rental/Lease of Equip mt,Match or reimbursement requests for rental/lease of equipment must include copies
une
of invoices or receipts to document charges.
g. Ktscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
-
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of
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 Ac sition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
............................ —qqi...........................
(including access rights through ingress/egress easements, leases, license agreements, or other site access
ag,reements-I
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
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee
agrees that those funds shall riot 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 requirernerit,the quarterly reporting period.,.,, end on March
31, June 30, September 30 and December 31. The Department will review this 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 Terms and Conditions.
Retainage may be withheld from each payment to(.3rantee 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 riot
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 perform within the timeframe
stated in Department's notice,the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insur2nee.
a. Insu an.c. I irements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
...................... M — __.-.. ...-- — -.._-_-__Subcontractors.-__-
arid/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. Q e d.ucl i b I.e..s., 'The Department shall be exempt from,and in no way liable for,arty sums of money representing a
deductible in any insurance policy. "rhe payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance,
c. Proof of I n surgric.e... 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 airitai I -er for any
........................ C In the event that any applicable coverage is cancelled by the insut
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. Insuran..ge'Iru.s t 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 not pay any invoices received after thirty(30)days of the effective date of termination.
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b Termination for Caags c.The Department may terminate this Agreement if any of the events of default described
.-
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations Linder this Agreement.If,after termination,it is determined that Grantee was riot 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. Grantee.Obligations gRq.n.j�qtice of Termination.After receipt of a notice of termination or partial termination
Grantee.............. ................................................................................
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 Grantee shall riot be entitled to
recover any cancellation charges or lost profits.
d. C.Q.-n t i n i..x alio.n. of P..w4i d-..S.e.r..vJ..c.e.s.,..If Department has paid for any services prior to the expiration,cancellation,
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 U o i Terminati n Ex ration or Cancellation of the.A ement.If services provided
. . ................ .........2 --p,j. "" "" "". ........................................................the....... ...................
Linder 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 del'ault, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.'rhe notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be f'(.)und in default, and Department inay terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non-
exclusive list of events,acts,or omissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of'
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of such,made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required byr this Agreernent or having submitted any report with incorrect,
incomplete,or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, arid 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. I°ntry of an order for relief under Title I I 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 ror 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 tire best interest of the State to do so. The 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 resurne; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of'suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
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 enernies, 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 delayr 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 clays after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CON STITU TE'I'll E 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 l3epartryient for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines, in its sole
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources(without recourse to
and by Grantee for the related costs and expenses)to replace all or,part of the products or services that are the subject
of the delay,which purchases may be deducted frorn the Agreement quantity;or(3)terminate Agreement in whole or
in part.
18. Indernnification.
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,darriages,and costs of every name and description arising from or relating to:
I. personal injury and damage to real or personal tangible property alleged to be caused in whole or,in
part by Grantee,its agents,employees,partners,or subcontractors-,provided,however,that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense.The Grantee shall not be liable for any cost,expense,or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for, the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
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d. No provision in this Agreement shall require Department to[told harmless or indemnify Grantee,insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity tinder 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 surn of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force rnajeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Departirient'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
Gyrantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
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[.)revision 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 veridor list:
i. Public Entity. Qrime� A person or affiliate who has been placed on the convicted vendor list
............................................................. ..................
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work;inay
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
date of being placed on the convicted vendor list.
ii. Discriminato
.............. An entity or affiliate who has been placed on the discriminatory vendor
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
_.......►.................................
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.
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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.
'l.'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. 'fhis Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
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 frorn 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(Anted 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 Invited States is greater than 55 percent of the total cost of all
components of the manufactured product,unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation;and
c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles,materials,and supplies that are consumed in,incorporated
into,or affixed to an infrastructure project.As such,it does not apply to tools,equipment,and supplies,such as
temporary scaffolding,brought to the construction site and removed at or before the completion of the
infrastructure project.Nor(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.ompanies.
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, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8),F'.S,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
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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Rev. 11/14/2022
287.058(6), F.S,during the term of any executed agreement between Clyrantee and the State,Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term,or compensation regarding that
agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S.
27. Record Keeping.
The Grantee shall maintain books,records and documents directly pertinent to perfi.)rmance 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:(1)three years after the expiration of the Agreement;or(2)the period required by the
General Records Schedules maintained by the Florida Department of State(available at:
Ea hrve
28. Au dits.
a. n,I........... The Grantee understands its duty, pursuant to Section 20.055(5),F.S.,to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement,in writing,on its sub grantees and/or subcontractors,respectively.
b. )3hy.sic,almAccess_and,I s e t or. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement,with reasonable notice and during normal business hours,including
by any of the following methods:
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,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. sp-mi—al Agdj!Rg.. uirerrr�pts_, 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 Copyr ol'Exhibit 1,to Attachment 5. If Department fails to provide an updated copy ol"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 Ili Attachment 5,FIxhibit 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-NS) 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 CYR
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 Commine.1ing
............................. .......... _.pfj�pjj �L. The accounting systems for all Grantees must ensure that these funds are riot
commingled with funds from other,agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by program or a project-by project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
Attachment I
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➢, If Department finds that these founds have been commingled, Department shall have the right to
demand a reflund,either in whole or in part,of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement, The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated Frorn the date(s) the
original payrrient(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. ➢n 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 an employee or agent of Department.
31. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by(.grantee.
b. J'he Department may, for cause,require the replacement of arty Grantee employee,subcontractor,or agent. ➢°"or
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee
employee,subcontractor,or agent.
ol. The➢:Tepartment's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all wor➢c
in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any
subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
c. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities,unless the basis of Department's denial is safety or security considerations.
f. The Depa►tment supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487 0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both
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 ofthe obligations of Girantee.
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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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. Severribility.
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. Upon 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 AlVeement,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 frorn 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 for
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 inforin 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 patty to the Agreement.
Attachment 1
12 of 12
Rev. 11/14/2022
STA"TE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PRO'rECTION
Special Terms and Conditions
AGREEMENT NCI®
ATTAC111MENT2
'rhese Special Terins and Conditions shall be read together with general terms outlined in the Standard Terms and
C I
onditions,Attachment 1. Where in conflict,these more specific to 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. 'Reirnbursem"ent-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. S.c..i.-Y ie...e Ber.iod s-,Additional service periods may be added in accordance with 2.a above and are contingent upon
proper arid 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
...................pep.............. --..
as described in Attachment 3.
b. frivo Gin ., Invoicing will occur as indicated in Attachment 3.
C. Advan e P
...................... U.,Advance Pay is not authorized tinder this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement. .- Match -Cat9
M
El Salaries/Wages
Overhead/indirect/Gerieral and Administrative Costs:
1.1 l a. Fringe Benefits,N/A.
FJ I I b. Indirect Costs,N/A.
0 ["1 Contractual(Subcontractors)
El r_1 Travel,in accordance with Section 112,F.S.
El El Equipment
0 Rental/Lease of Equipment
0 Miscellaneous/Other Expenses
0 Land Acquisition
S. it 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 rnatch required on the part of the Grantee under this Agreement.
8. Insurance Requirements
RcqqjrecLCo C yE ggp 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
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'r'n"in'imurn'insurance requirements applicable to this Agreement are,.
a. Commercial Gene i i Insurance,
..__ — _nkILL4NI ty------
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times(luring the Agreement. "The Department,its employees,and officers shall be trained as
an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and$500,000 policy aggregate.
b. Commercial Automobile Insurance.
_. ......................................................__. .......-
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain autornobile
liability,bodily injury,and property damage coverage. Insuring clauses for both bodily in ury and property
damage shall provide coverage on an occurrence basis.'The Department,,its employees,and officers shall be
named as an additional insured on any automobile insurance policy. 'The minimum limits shall be as follows:
$200,000/300,000 Automobile Liability for Company..Owned Vehicles, if applicable
$200,000/300,000 Hired and Non owned Automobile Liability Coverage
c. )Korlgr.fr............. E wig er's.Liabilit a&,
_p.............................. ... y.0 in ensation and EL
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy
aggregate. Such policies shall cover,all employees engaged in any work under the Grant.
d. Other Insurance.None.
.............
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage,
No retainage is required Linder this Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval.
'rhe Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be
performed under this Agreement.
12, State-owned Land.
The work will not be performed on State-owned land.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Additional Terms.
Docum-e.ptq!y Eyidgieg Requirement for Sub t s).., If any work associated with this Agreement is completed ot _ _ _ -con qLctor(
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), rising the approved Project Timeline set forth in Attachment 3 to this Agreement
(Grant Work Plan).
Attachment 2
2 of 2
Rev.8/19/2021
STATE OF FLORIDA
DEPARTMEN'r CDT' ENVIRONMENTAL PROTECTION
GRANTWORK PLAN
AGREEMENTNO.22PLN65
ArrACHMENT 3
PR(MECTTITLE: City of Marathon Vulnerability Assessment and Adaptation Plan
PROJECT LOCATION: The Project is located in the City of'Marathon within Monroe County,Florida.
PROJEcr DESCRIPTION:
The ("ity 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).
FASKS AND DELIVERAB1,1ES:
Task 1: Kick Off M e.21J nZ
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
protect 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 corrimittee. It is recommended that the committee be limited to no more
than 10 representatives to better manage meeting outcomes.
Deliverables: The Grantee will provide the following: 1) a draft list cif'steering; committee members; 2)
kick-off nieeting 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. '"I'he
email shall include the project purpose, goals, schedule, project meeting dates and locations, and overall
desired outcomes.
Task 2: Final Vamlnernhifitv Assess men t RE22!:L..A1�.
.............. ................... ....21..1!1Xffl12.UJEAp_ t and SensitiviyA nalys ,
and Ad
.......................................
Description: The Grantee will research and compile the data needed to perform the VA, based on the
requirements as defined in Section 380.093, F.S. Three main categories 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,KS, 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
the following data: tidal flooding, current and future storm surge flooding, rainfall-induced flooding, arid
compound flooding, all as applicable,as well as the scenarios and standards used for the exposure analysis
shall be pursuant to s.380.093,F.S.The Grantee will perform the sensitivity analysis to measure the impact
of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets
created through the 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
arid associated inetadata 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 AP
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. 'rhe 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 implernentation,
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.;2)GIS files with
results of the exposure and sensitivity analysis for each flood scenario as well as the appropriate rnetadata.
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, I".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.
'I ask 3: Pr°o ect Adrrrirr.sI nal.io al
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 ProjectTinteline. The Grantee
must also submit I'Ahibit 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(!rant Work Plan and the task description,to include any work being performed by any
DI:P At No.:22PLN65
Page 2 of 3
Rev.2.11.22
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.
CONSEQUENCES FOR NON-PERFORMANCE: For each task. deliverable riot received by the
Department at one hundred percent (100%) completion and by the specified due date listed in the
Agreement's most recent Project Timeline, the Departinerit 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 (Jrantee
may submit a payment request for cost reirribursement using both Exhibit A., Progress Report 1"orn-1, and
Exhibit C, Payment Request Summary Form. Interini payment requests cannot be made more frequently
than quarterly and must be made using F"Atibit A, detailing all work progress made during that payment
reqi.wst period,and Exhibit C. Upon the Department's receipt..of Elxhibit,,A and C,along with all supporting
fiscal documentation arid defiverables,the Department's Grant Manager will have ten(10)working days to
review and approve or deny the payment request.
PROJECT"CI MELINE AND BUD GET"DETAIL: The tasks must be completed by,and all deliverables
received by, the corresponding task due date listed in the table below. Cost reirribursable grant funding
must riot exceed the budget arnounts indicated below. Requests for any change(s)must be submitted prior
to the current task due date listed in the Project Timeline., Requests are to be sent via email to the
Department's Grant Manager,with the details of the request and the reason for the request made clear.
7 ......................................................................................................................................................... . ............................................... .............................................................
Task Task,ride Budget DEP Match Total Task Start Task Due
No. sate Amount Amount Amount Date Date
..........----............................................................ ...........ma-.................................. ....................................................... ...........
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
Sensitivity Analysis,and
Ad
.......................... ........................................................1-1.......—.1...................... ....................................................................................................................................................................................................................................
3 Project Administration Contractual $0 $8,000 7/l/2021 3/31/2024
Services
........ .....
............................ ......................$--0.........................................�s" ......................................................................................
Total-.............................................. ........................................................................................... .................................... ....................................................................................
DEP Agreement No.:221$1.N65
Page 3 of 3
Rev.2.11.22
STXTE 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.&
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." lf'Grantee is a"contractor"as
defined in section 119,0701(D(a),F.S.,the following provisions apply and the contractor shall:
a.. Keep and maintain Public Records required by Department to perform the service.
b. LJpon request, provide Department with a copy of requested Public Records or allow the public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.,or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to 13cpartment within a reasonable firne may be subject to
penalties under section 1 19 10, 1`&
d. Unsure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract ifthe contractor does not transfer the Public Records to Department.
e. Upon completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract,the contractor sliaH 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 requirement's are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or EXcel,and any software formats the
contractor is authorized to access.
f. IFTHE CONTRACTOR. HAS QUESTIONS REGARDING THE APPLI Cry AI-ION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBL'IC
RECORDS RELATING TO THE CONTRACT, CONTACTTHE DEPARTMEWS
CUSI"ODIAN OF K11311C RECORDS Xr:
Telephone: (850) 245-2118
Email:
Mailing Address: Department of Environmental Protection
AT TN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
"I'allahassee, for 32399
Attachment 4
1 of I
Rev.4/27/2018
STATE OF FLORIDA
D EPA RTM ENT CIF 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 referred to
as the "Department", "DEY', "MEJ "or "(Wantor", or other name in the agreement)to the recipient(which may be
rej rred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring
by the Department of Environmental Protection,as described in this attachment..
MONITORINCI
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 array include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFI 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 Eltivironmental
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 0711 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(.FR 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 CTR 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 art audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must
be paid frorn 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 ofl,ederal lJornestic Assistance(CFDA)via the
Attachment 5
1 of 7
BGS-DEP 55-215 reMsed 11/8/2022
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT I to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance,including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part 11,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial
assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section
215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at hqps.//4ppsjlcf om/f for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
hj(p://w w. e state.fl.Lis/Welcorne/i�idex.cfiii, State of Florida's website at hit � Www..n1 11 rjda.c()1n/,
..... ..... ........................... P ZZ.....................y
Department of Financial Services' Website at httL),:.//w,,w,w.fl,d.........f,..,.co Ti/and the Auditor General's Website at
.
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
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 a ,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(cNg 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_.,�f 1°aud.it.or.g.o,y. /,)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:
EUT,P 5 litIgkAmO,t(a)dep.5tate.fl. ..,iL s
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
5. Recipients,when submitting financial reporting packages to the Department off'rivironmental 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.
PARTV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a Period of rive(5)years from the date tire 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 Environmental
Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of three($)years
from the date the audit report is issued,unless extended in writing by the Department of U.rivironmental Protection.
Attachment 5
4 of 7
BGS DEP 55-215 revised 11/8/2022
.... ...................................
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4�
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM�•SPI4."CIFI('REQIJIREMEN'l,'S
RESILIEN'r FLORIDA PROGRAM
ATTACHMENT 6
1 Sea 1 qye..IJM tr[qje 0 � tqd er within the designated area, pursuant to
It n..5—_3JKK
.................. Aji.r n.e.g.t.- Ifthe project i,,.
Section 161.551, F.S. and Chapter 62S-7, Florida 4dPninistralive (,`ode, the Grantee is responsible for
performing a Sea Level Impact projection(SLIP)study and submitting the resulting report to the Department.
The SLIP study report must be received by the Department,approved by the Department,and tie 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. P..el.mfts. The Grantee acknowledges that receipt of this grant does riot imply nor guarantee that a federal,
state,or local permit will be issued for a particular activity.'I'he 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 and conditions of each applicable
permit for, any grant-funded activity. Upon request, the Grantee must provide a copy of`all acquired and
approved permits for the project.
I A t Ira clb..m qn.t. 3........Giant Work Plan,..Performance Measures. 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. qpy
C.. .....[i t Patent and 'nadernark. 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.
S. Grant funds may riot be used to support ongoing efforts to comply with legal requirements,including permit
conditions,mitigation,and settlement agreements.
6. Eqrtding S o u..re..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: h''ps°//flc6dadep,_py or by contacting the Grant Manager for
m a copy)on all publications,printed reports,reaps,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.'rhe 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 trionth and year of the publication.
7. Linal Prpj..e_c_.t.RW2!1.The Grantee must submit Exhibit F,Final Project Report Form,prior to requesting final
payment The Final Project Report may be submitted in lieu of the final quarterly status report, only in
instances where tire next quarterly report falls after the project's completion date.
Rev.2.9.23
Attachment 6
Page I of 2
8. PrQiect Pbo.19 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 Exhibit 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. Ytilnmbility 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. Q.e..99MPhJc In-fornatio.05Y.51cm ..I fijg5 and associated metadata.All CMS files and associated metadata
... . ............. --jG �L5 ... ........................................................................
must adhere to the Resilient Florida Program's GIS Data Standards(found on the Resilient Florida Program
website: floirkla fio6da-)r)n,rani-
slandairds),and raw data sources shall be defined within the associated metadata.
12. State and Local Fiscal Recovery
.................................... .....EgRd.5.For all grant agreements funded with the Coronavirus State and Local
Fiscal Recovery Funds(SURF)under the American Rescue Plan Act,the Grantee must submit the SLFRF
Reporting Requirements Form upon execution ofthe grant ag reement.
Rev.2.9.23
Attachment 6
Page 2 of 2
DEPARTMENTOF ENVIRONMEN,rAL PROTECTION
Resilient Florida Program
Progress Report Form
Exhibit A
.................................................................................................. ...........--.- ..................—.........................................................................................................................................................................................................................................................................................
DEP A reement No.: 22PLN65
................ ................................g
......................................................................................................................................................... ........... ............ ..............................................
Pr .ectTitte: Cily of Marathon Vulnerability Assessment and Adaptation Plan
............................................................ --9j..................................................................................................................... .......... ............................--............
Grantee Name: City of Marathon
................---................................................................................................................................................................................................................................................................
Grantee Address:
...........................................................—.-..........:.............................................................................................................................................................---................................................................ ....................................................................................
Grantee's Grant Mana er: e e
. ................. - _ . -p
..............
..!!,Sporti.n P r o .: JMM/DD/YYYY MM/DD/YYYY)g..........e i d
........... . ............................ ........ ..... ..................L. ................................................................. ......................................
INSTRUC7 IONS- Provide the following information f6r all tasks and deliverables identified in
Attachment 3, Grant Work Plain: 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 followin format should be followed:
.LRU222mim........................................................................................................................................
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 encountered:
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 DEIP
Agreement No. and accurately reflects the activities associated with the project.
.................................................... --................................................................................................................................................................................................................................. ...................................................................................................................................................................................
Signature of Grantee's Grant Manager(or successor) Date
Exhibit A,DFT Agreement#:22PLN65
I of 1
11/17/2021
STATE OF FLORIDA
DEPARTMENT OFENVIRONMENTAL PROTECTION
RESILIENT FLORIDA(.,RANT PROGRAM
EXHIBIT c
PAYMENT REQUESTSUMMARY FORM
The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant
agreements can be fbund on the Department's website at the fink below. Fach payment request must be
submitted on the Current form. The Department will notify grantees of any substantial changes to Exhibit
C that occur during the grant.agreement period,
hqp�://floHdadc ()(LvZ&sHk,,nt
F"xhibit C, Page I of I
Rev. 12/02/19
EXHIBIT F
DEP AGREEMENT NO.22PLN65
CITY OF MARATHON VULNERABILITY ASSESSMENT AND ADAPTATION PLAN
City of Marathon
Final Project Report
t)6P T
0
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
Part 1.Executive Summary
Part 11.Methodology
Part 111.Outcome
Include evaluation qfproject's ability to meet goals and exl)ectedpe formance measures and provide explanationfin-
.W y goals were not met, V'al..?plicable. Identif.y succesqlnl outcomes, areasfbr improvement, and quantifiable metrics
as a result(#'the pr-(�ect.
Part IV,Further Recommendations
Instructions for completing Attachment F Final Project Report Form:
DEP AGREEMENTNO.:This is the number on your grant agreement.
G12AN11T NAME: Enter the name of the grantee's agency,,
PROJECT TITLE:Enter 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 cornpletion 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
a�95®ARPryF 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
STATE OF FLORIDA
DEPARTMENT OFENVIRONMENTAL PROTECTION
I
RESILIENT-FLORIDA GRANTPROGRAM
CONTRACTUAL SERVICES (.ERTIFICATION
Exhibit If.
Required for°all grant agreements that include Contractual,Services as an expenditure category.
DEEP Agreement 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:
I. Documentation of the Grantee'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
company name and address 1br each subcontractor.-
3. An explanation of how and by the Grantee made their detennination(s) for the
subcontractor(s) selected to perfbrm 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
STATE OF FLORIDA
DEPARTMENTOF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
VULNERABILITY ASSESSMENT COMPLIANCE CHECK LIST ICE RTIFICATION
Exhibit I
.Required for 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
VULNERABILITY ASSESS MENTCOMPLIANCE CHECKLIST
In accordance with subsection 380.093(3),F&,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:
propranj ok &Aa-
Part I--Subparagraph 380.093(3)(c)2.,F.S.
......................................... .......................... ..................................................... .................................................. ....... ................................
Item Check if Page Reference
ID Included Item Description in VA Report
.................-.............................................................................................. ................................................................................................ ................. ap f...........p!Lie b!.... ......
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 following.three ree(3) ite.m.s:
............................................................. .... ....... _ . ................... ......................................
b 11 Geospatial data in an electronic file format.
.. ..... ...................................... .............................................. ............ ...................... .......................................................................................
c El GIS tnetadata.
......................................................... -- -........................ ................................................................................ ..............................................................................................
List or 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 identify which flood scenario(�,)..L each asset
....................................................... ............................................................................................ . ..... ........................
Part 2—Subparagraphs 380.093(3)(d)l. and 380.093(3)(d)2.,F.S.
--'..................................................................................................................................-------................ .......I.............. ...................................... .... .................I..........................I..................
Item Check d Page Reference
IInclud Item Description in VA Report
f........................................................ .......... ..................................--............................... ....................................................................................................................................................0. ?T..U�ca q.—
Peril of Flood Compliance Plan amendments developed that
e address paragraph 163.3178(2)(f), F.S., if applicable,
f Not applicable EJ Already in compliance
..................................... .......... -........................................................................................ — -.............................................................................................. .. ...................................................................................
f Depth of tidal flooding, including future high tide flooding,
using,.thres!jq!4Uublished and �y the Dga.rtrp..ent....-..
............................................................ ............................. ......
`ro the extent practic�able, analysis geographically displays the
g- E-3 --n-um-ber of" tidal flood days expected for each scenario and
-plannip&.horizon, (o n.!)
....................................----............ ................................... .. pt.i..o a .....
....... ...
Depth of'current and future storm surge flooding using publicly
El available NOAA or FEMA storm surge data.(check-one)
[.1 NOAA data CCmCI FEMA data
.......... ...................................................................................................................................................... ................. ..........................................
i Initial storm surge event equals or exceeds current 100--year
flood event.
............................... ......--.............. ........................................................................................ ...............................................—
ED Hig,her frequency storm analyzed for exposure of a critical asset.
.(�?12tio , ut nal b m ust p!��!vide additioal detailn
................................................... ................................................. ......................... .......................................if��nclu ... ..............................................................................7............
Exhibit 1
2 of 4
Rev. 6/l/2022
To the extent practicable, rainfall-induced flooding was
k E.I considered using spatiotemporal analysis or existing hydrologic
and hydraulic modeling results, (required if item e is not
--——-----.............qvrlicai� ................................... .........................................
El Future boundary conditions have been modified to consider sea
......................................................... .... level rise and high tide.c.onditions L?ti(9 T?T9.....................
in E] Depth of rainfall-induced flooding for I 00-year storm and 500
....... ............................... year storm event, ('r uire item e is,not ........
o the extent practicable, compound flooding or the
11 El combination of tidal,storm surge,and rainfall-induced flooding,
(� ............................... ...................
Part 3 Subparagraph 380.093(3)(d)3.,F.S.
.............................. ............................................ ..........I ....... ..........I............................................. .......... ..................................................................................................................................................................
Item Check if Page Reference
ID Included Item Description in VA Report
.......................................................................... .............. .. i..fa li
ra. . . ........—p. j �)
0 0 All analyses performed in North American Vertical Daturn of
1988.
............................................................................................................................................................................................ ....................................................................................................................... . ...............................................................I................
Includes at least two local sea level rise scenarios, which must
p include the 2017 NOAA intermediate low and intermediate
hi��sea level rise rojections,
................................ ....... ..................:1 T ............. . .............................................................. ......................
q Includes at least two planning horizons, which rnust include
..................................... y.ears 2040 and 20.70......._.. ...._.1.._.............. ......................................................................................
r Utilizes local sea level data that has been interpolated between
.................................................................... tti..c two closest o s.e s..t N..O.A A tide.g ug s.
... ........... .................... ............................. .
Local, publicly available, sea level data was taken ftorn one of'
S El the two closest NOAA tide gauges, which must be the gauge
with t m (if he highest paean sea level so, provide Department
........... l� Vaq, ......................
................................................................... .......ro............... A..............................................................................................
Identify the Florida municipalities that are included in this Vulnerability Assessment:
...........................................................11........................................ .............� .-........................................ ................
............................................................ ......... ....................................................................................................................... .......................................................................................... .......................
...................................................................... ............................................................................. ........................................................ .............-.1...................
................................................._... I.............. ......................................... ....... ..................................................................................._.
............................ ................. .......................................................................................... -......................................................................................................
.................................................................................... .......... ....................... ...................................................................................................................................................
........... ................................. .........................................
..................................................................... ...................................... ........................ .............................................. ................................ .............................................................
........................................................_.-........... .............. � .............. .....................................................................................................
.......................................................................................................................................................................................................................... ..................................................................................................................................................__...............................................................................
................................................... ................-.1....................._...1_....]. ........ .......... ............................................................................................................................
Exhibit 1
3 of 4
Rev. 6/1/2022
l 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;
_.... _....._..... _. .___- __.............................................................
Date
Exhibit 1
4 of 4
Rev. 6/l/2Q22
County Forms I Section 9
in
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
Ell acknowledge receipt of Addenda No.(s) I
I have included:
• Response Form 0
• Lobbying and Conflict of Interest Clause 14
• Non-Collusion Affidavit 0
• Drug Free Workplace Form 0
• Public Entity Crime Statement 0
• Vendor Certification Regarding Scrutinized Companies Lists N
• Insurance Agent's Statement M
MI have included a current copy of the following professional and occupational licenses:
State of Florida business licenses and professional licenses for key staff
If the applicant is not an individual(sole proprietor),please supply the following information:
APPLICANT ORGANIZATION: WSP USA Environment & Infrastructure Inc.
(Registered business name must appear exactly as it appears on.WWW.SLLnbjz.oj:9).
Any applicant other than an individual(sole proprietor)must submit a printout of the"Detail by Entity
Name"screen from Suill and a copy of the most recent annual report filed with the Florida Department of
State,Division of Corporations.
Mailing Address: 5411 SkyCenter Drive, Suite 650,Tampa, FL33607
Telephone: Fax: Date July 24, 2023
Signed: rda Witness:
Christine Mehle, PE, CFM, ENV SP Brian Mehle
(Print Name) (P r in t Name
Environmental Water Services Local Business Lead SUSAN TAYLOR
NOTARY PUBLIC for
(Title) State of Montana
-
STATE OF: Montana SEAL :* Residing at Kalispell,Montana
My Commission Expires
COUNTY OF: Flathead November 4,2023
This notarial act was performed using wirrinnunleation technology
Subscribed and sworn to(or affirmed)before me on hhjIv94 9093 (date)by
Christine Mehle (name of affiant). He/She is personally 1-mown to me or has produced
FL Drover License (type of identification) as identification.
1__-� This notarial act was an online notarization.
UQDAI� I NOTARY PUBLIC My Commission Expires: 11/04/2023
CHRISTINE MEHL10declared at the time of this notarization that they were located in San Diego, CA
I Monroe County I City of Marathon Vulnerability Assessment I PFP No 08-01-2023 S6
County Forms|Section 9
NON-COLLUSION AFFIDAVIT
|,Christine Meh| PECFM ENVSP Of \NSP USA Environment&Infrastructure Inc.
according to law on my oath, and under penalty of perjury, depose and say that:
1 18r0 ChrietineMeh|e PE CFM ENVSP
Ofthefi[r0 Of WSP USA Environrnent&Infrastructure Inc.
the bidder making the P[OpOS8| for the project described in the Request for
Proposals for
City of Marathon Vulnerability Assessment tobeConducted by
Monroe County, PFP No. 08012023
and that | executed the said proposal with full authority tOdOso;
2. The prices in this p[OpOS8| have been arrived at independently without collusion,
COOSu|t8tiOO, CO00uOiC8tiOO or agreement for the purpose Of restricting
competition, as to any matter relating to such prices with any other p[OpOSe[ or
with any competitor;
3. UO|eSS otherwise required by |8vv, the prices which have been quoted in this
proposal have not been knowingly disclosed by the proposer and will not knowingly
be disclosed by the proposer prior to proposal opening, directly or indirectly, to any
other proposer O[tO any competitor; and
4. NO attempt has been made or will be made by the proposer to induce any other
person, partnership or CO[pO[8tiOO to submit, or not to submit, 8 p[OpOS8| for the
purpose Of restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit in 8vv8[diOg C fO s project..
[)ate: July 24 2023
STATE OF: MOOt8O8
COUNTY OF: Flathead
CHRISTINE MEHLE declared at the time of this notarization that they were located in San Diego, CA
Subscribed and SvvO[O to /O[ affirmed) before 0e, by 0e8OS Of O physical presence or OO|iOe
notarization. on July 94" 9093 (date) by Christine Mehle
(name Of 8f�8Ot). He/She is pe[SOO8Uy known to me or has produced
FL Driver License (type Of identification) 8Sidentification.
NOTARY PUBLIC for
State of Montana
Residing at Kalispell,Montana
My Commission Expires
November 4,2023 NOTARY PUBLIC
This notarial act was performed using w°m""ication"ch~*w° 1104/2023
My COr0r0iSSiOO expires.
mm mN � ,monnoeCoun«y | c|tyor Marathon Vulnerability Assessment | Prpwoosol'zozs S7
County Forms I Section 9
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
WSP USA Environment & Infrastructure Inc.
(Company)
X warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percAntage, gift, or consideration paid to the former
County officer or employee".
(Signature)
Date: July 24, 2023
STATE OF: Montana
COUNTY OF: Flathead
CHRISTINE MEHLE declared at the time of this notarization that they were located in San Diego, CA
Subscribed and sworn to (or affirmed) before me, by means of El physical presence or 13d online
notarization, on July 24, 2023 _ (date) by Christine Mehle
(name of affiant). He/She is personally known to me or has produced
Florida Driver License (type of identification) as identification.
SUSAN TAYLOR
�TAt NOTARY PUBLIC for
Z = State of Montana
SEAL Residing at Kalispell,Montana
NOTARY PUBLIC
My Commission Fxpires
November 4,2023
This notarial act was performed using communication technology My commission expires- 11/04/2023
VS I Monroe County I City of Marathon Vulnerability Assessment I PFP No 08-01-2023 S8
County Forms|Section 9
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
VVSP USA Environment& Infrastructure Inc.
(Name ofBusiness)
1. Publishes o statement notifying employees that the unlawful monufocdune, diethbution,
diepeneing, poeeeeeion, or use of controlled substance is prohibited in the workplace and
specifying the actions that will be token against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the vvorko|aoa, the business's
policy of maintaining o drug-free worko|oce, any available drug counee|ing, nehobi|itadion, and
employee assistance prognsme, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal o copy of the statement specified in subsection (1).
4. |n the statement specified in subsection (1), notifies the employees that, oeocondition of
working on the commodities or contractual services that are under proposal, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea of
guilty or no|o contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for oviolation occurring in the workplace no later
than five (5) days after such conviction.
5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee who
ieeoconvicted.
8. W1okee o good faith effort to continue to maintain o drug-free workplace through
implementation of this section.
Ae the person authorized to sign the statement, | certify that t y with the above
requirements.
(Signature)
Oohs:
STATE OF:
This DOt2h2| act was an OD|ime DOt2hz2dOD.
COUNTY OF: Flathead
CHR|8T|NE K8EHLEdadared at the time ofthis notarization that they were located in San Diego, CA
Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or [A online
notarization, on July 24, 2Q23 (date) by Christine Mehle (name ofoffiont). He/She
ie personally known tomeor has produced (type ofidentification) as \d
NOTARY PUBLIC for
State of Montana
SEAL Residing at Kalispell,Montana My Commission Expires
Notary Public, State nxxonnona
This"��al act was performed using�mmunidau�technology
,monnoeCoun«y | City or Marathon Vulnerability Assessment | Prpwoosol'zozs S9
County Forms I Section 9
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list."
WSP USA Environment & Infrastructure Inc.
I have read the above and state that neither (Respondept's name) nor any
Affiliate has been placed on the convicted vendor list within I t 3 m ths.
(Signature)
Date: July 24, 2023
STATE OF: Montana
COUNTY OF Flathead
Subscribed and sworn to (or affirmed) before me, by means of El physical presence or E�online
notarization, on July 24, 2023 (date) by Christine Mehle .(name of affiant). He/She
is personally known to me or has produced (type of identification) as identification.
yJyPoT�,Y4 SUSAN TAYLOR MYA
NOTARY PUBLIC for
NOTARY PqBLIC
State of Montana
SEAL :*:
Residing at Kalispell,Montana
My Commission Expires
November 4,2023 My Commission Expires- 11/04/2023
This notarial act was performed using communication technology
CHRISTINE MEHLE declared at the time of this notarization that they were located in San Diego, CA
IS I Monroe County I City of Marathon Vulnerability Assessment I PFP No 08-01-2023 60
County Forms Section
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
City of Marathon Vulnerability Assessment to be Conducted by
Project Description(s): Monroe County, RFP No. 08-01-2023
Respondent Vendor Name: WSP USA Environment&Infrastructure Inc.
Vendor FEIN: 91-1641772
Vendor's Authorized Representative Name and Title: Christine Mehle, PE,CFM, ENV SP, Environmental
Address: 5411 SkyCenter Drive,Suite 650 Water Services Local Business Lead
City: Tampa State: FL Zip: 33607
Phone Number(470)991-3771 Email Address: christine.mehleg@wsp.com
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with
the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted
a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged
in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: Christine Mehle, PE,CFM, ENV SP who is authorized
to sign on behalf of the ahlov refe,eq(5Led company.
Authorized Signature:
Print Name: Christine Mehle, PE,CFM, ENV SP
Title: Environmental Water Services Local Business Lead
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
F Monroe County I City of Marathon Vulnerability Assessment I RFP No 08-01-2023 61
County Forms|Section 9
INSURANCE AGENT'S STATEMENT
| have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
General Liability
Auto Liability
Employers' Liab. /VVo/kam Comp
Liability policies are X Occurrence Claims Made
Gallagher ,J
Insurance Agency Signature
,monnoeCounxy | City or Marathon Vulnerability Assessment | Prpwoos'm'zozs 62
County Forms|Section 9
INSURANCE AGENT'S STATEMENT
| have reviewed the above requirements with the proposer named above. The following
deductibles apply tothe corresponding policy.
POLICY DEDUCTIBLES
Professional Liability
Liability policies are Occurrence Claims Made
Gallagher
Insurance Agency Signature
,monnoeCoun«y | City or Marathon Vulnerability Assessment | Prpwoosol'zozs 63
County Forms I Section
State of Florida
Department of State
I certify from the records of this office that WSP USA ENVIRONMENT &
INFRASTRUCTURE INC. is a Nevada corporation authorized to transact
business in the State of Florida, qualified on August 3, 2000.
The document number of this corporation is F00000004389.
I further certify that said corporation has paid all fees due this office through
December 31, 2023,that its most recent annual report/uniform business report
was filed on January 24, 2023, and that its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee,the Capital,this
the Twenty-fourth day of January,
2023
Secretary qf late
Tracking Number:0904055458CU
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
https:Hservices.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
Monroe County City of Marathon Vulnerability Assessment I RFP No 08-01-2023 64
County Forms I Section
NO
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Pcofeaeionai(G[5p) 'ate
F Monroe County City of Marathon Vulnerability Assessment RFP No 08-01-2023 65
DATE(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE 5/1/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: AJG Service Team
Arthur J. Gallagher Risk Management Services, LLC PHONE FAX
300 Madison Avenue A/C No Ext: 212-994-7100 A/C,No:212-994-7047
28th Floor ADDE-MRESS: GGB.WSPUS.CERTREQUESTS@AJG.COM
New York NY 10017 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Liberty Insurance Corporation 42404
INSURED WSPGLOB-01 INSURERB:Zurich American Insurance Company 16535
WSP USA Environment& Infrastructure Inc. INSURERC:American Guarantee and Liability Ins Co 26247
1075 Big Shanty Rd. Suite 100
Kennesaw, GA 30144 INSURERD:AXIS Surplus Insurance Company 26620
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1264096623 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
B X COMMERCIAL GENERAL LIABILITY Y GLO 9835819-10 5/1/2023 5/1/2024 EACH OCCURRENCE $3,500,000
CLAIMS-MADE � OCCUR DAMAGE TO RENTED
APPROVED BY RISK MANAGIE;M..ENT. PREMISES Ea occurrence $3,500,000
t" MED EXP(Any one person) $10,000
DACE qO�-7Q��°Di(�m1 "�^"�r'. PERSONAL&ADV INJURY $3,500,000
ll
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $7,000,000
PRO- WAIVER NfA YES_
X POLICY JECT LOC PRODUCTS-COMP/OP AGG $4,000,000
OTHER: $
A AUTOMOBILE LIABILITY Y AS7-621-094060-033 5/1/2023 5/1/2024 COMBINED SINGLE LIMIT $5,000,000
D P-001-001008908-02 5/1/2023 5/1/2024 Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
XS COMB.SINGLE LIMIT $5,000,000
C X UMBRELLALIAB X OCCUR AUC 00 144386-07 5/1/2023 5/1/2024 EACH OCCURRENCE $5,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000
DED X RETENTION$ $
A WORKERS COMPENSATION WA7-62D-094060-013 5/1/2023 5/1/2024 X PER OTH-
A AND EMPLOYERS'LIABILITY Y/N WA7-62D-095609-073 5/1/2023 5/1/2024 STATUTE ER
A ANYPROPRIETOR/PARTNER/EXECUTIVE WC7-621-094060-913 5/1/2023 5/1/2024 E.L.EACH ACCIDENT $2,000,000
OFFICE R/M EMBER EXCLUDED? FN] N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
THIRTY(30)DAYS NOTICE OF CANCELLATION.
The Monroe County Board Of County Commissioners are included as Additional Insured with respect to the General Liability and Automobile Liability policies as
required by written agreement,pursuant to and subject to the policy's terms,definitions,conditions and exclusions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners
1100 Simonton Street, Suite 205 AUTHORIZED REPRESENTATIVE
Key West FL 33040 --
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
710/20/2023
E(MM/DD/YYYY)
ACCORD® CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: AJG Sevice Team
Arthur J. Gallagher Risk Management Services, LLC PHONE FAX
300 Madison Avenue, 28th Floor A/C No Ext: 212-994-7020 A/C,No:212-994-7074
New York NY 10017 ADDE-MRESS: GGB.WSPUS.CertRequest@ajg.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: QBE Specialty Insurance Company 11515
INSURED WSPGLOB-01 INSURER B:
WSP USA Environment& Infrastructure Inc.
f/k/a Wood Environment& Infrastructure Solutions INSURERC:
1075 Big Shanty Rd. Suite 100 INSURERD:
Kennesaw GA 30144 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER:338498733 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $
^� MED EXP(Any one person) $
DATE U() 6f ())'y PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: WAIVER IN/,A YES, GENERALAGGREGATE $
POLICY❑ PRO ❑
JECT LOC PRODUCTS-COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLALIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOP/PARTNEP/EXECUTIVE ❑ E.L.EACH ACCIDENT $
OFFICE P/M EMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A ProfessionalLiability QPL0022630 11/1/2023 10/31/2024 Per Claim $1,000,000
CLAIMS-MADE Aggregate $3,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
THIRTY(30)DAYS NOTICE OF CANCELLATION
RE: Project Description: Category C Resilience and Environmental Engineering Services, Project Number:600837.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC
PO Box 100085-FX AUTHORIZED REPRESENTATIVE
Duluth GA 30096 --
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD