04/06/2023 Agreement (COM) STATE OF FLORIDA
DFTARTMENTOF ENVIRONMENTAL 1"RarECTION
Standard C;rant .ment
IIIIII
F is A:greernent is entered into between the Parties named below, ursuantto Section 215.971, Florida Statutes,
AAAwI
I. Pro.ject'rille(Project): Agreement Number
City of Marathon Vulnerability Assessment and Adaptation Plan 22P1_,N65
2, Parties State of Florida Department of Environmental Protection,
3900 Comrnonwealth Boulevard (Department)
Tallahassee,Florida 32399-3000
.......... ..............
Grantee Narne: City of Marathon Entity type: local MIjoicipality
Grantee Address: 9805 Overseas Highway, Marathon, Florida,33050 F E 1,D: 65-0984873
WAAI ——,,,,"----(2 1 a-,I—IC e
3. Agreement Begin Date: Date of Expiration:
7/l/2021 6/30/2024
4. Prc�ject Number: ProJect Location(s): City of Marathon,Monroe County,Florida
(Ifd�f,fe,,ienefrom Agreement Number)
.... ............ ......... ..........
Pro.ject Description: The pr(uject will update the existing Vulneraability Assessment pursuant to Section 380.093,
Florida Statutes and develop an Adaptation Plan for the City of Marathon.
5. Total Arriount of Fundine, J`urrlling Source'? Award Ps or Line Itern A r9 priations: Amount pt�rS,(-),urce(s
$240,000.00 5 State E31'ederal FV21-22 GAA 1707A -$ 240,0000
-------- -----------------—-------------- ----- -------- ----------- ---------- -- - ---------
11 State E]Federal $
. ......... —------- -----
I Grantee Ma tch
......... ............................. ..................................--............. ...............-......................................
Total Amount ofFundin y i-Grantee Matckr,ii an $ 240,000.00
6. Department's Grant Manager Grantee's Grant Manager
Narne: Kayci Carter Name: Maria Covelli
-------- ....................................................................................... ......... ............................... ............-
or suecessor or successor
Address: Resilient Florida Program Address: City of Marathon
2600 Blair Stone Road,MS235 9805 Overseas Highway
.......... . ......... .......................... .. .................. ---- - I................... ..............................................
Tallahassee,Florida 32399 Marathon,Florida 33050
Phone: 850-245-8368 Phone: 305-289-4109
-- --------------
Email: Kayci.P.(",arterr4)Flor°idal)EII.gov Email: covelffirl(q)ci.marathon.flus
7. '['he Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference: --..- ...... ...........
Ix-1 Attachment 1: Standard'Fenns and Conditions Applicable to All Grants,Agreernents
--.............--................ ...........
C-il Attachment 2: Special Terins and Conditions
.......................................................................................................................................................... ............. .............—......................................................................................................................... ..............................................................................................................
9 Attachment 3: Grant Work Plan
51) Attachment 4:Public Records Requirements
....................... ................. ............ ...... ........--..............
EiJ Attachment 5: Special Audit Requirements
..............
F2!1 Attachment 6: Prograrn-Specific Requirements
..........
11 Attachment 7:Grant Award Terms(Federal) *Copy available at hup,,/Mwts fkJk coin,m aCCWrdatice w)th§215 985,FS,
.................................. ..........................................................................................................---..................- -1.111- .............................................................................................................................................................................................................................. ....................................................
0 Attachment 8: Federal Regulations and (Federal)
..------------- ............. ....................... ................
FD Additional Attachments(if necessary):
............. ............. ......- ............
EiJ Exhibit A: Progress Report Form
--..........
D Exhibit B: Property Reporting Form
............
[A Exhibit C: Payment Request Summary Form
..............................................---................................................................... ....................--- ............ .............................................................................--1..........................................................................................................................................................................
IJ Exhibit D:Quality Assurance Requirements
.................................... -------------
LI F.Ahibit E: Advance Payment Ternis and Interest Earned Merno
rion arrier or Contracted Carrier Attestation Form PUR 1808 Exhibit J: Corm
-—-----------
Add it ional Exhibits(if necessary, ):Exhibb F:Fhml Report Fo,ni,Exhibit G 11hotographtr Release Yorm,Exhibit]I I f Contractual services Cerlification,Exhibiq 1:
Vulnerabifity Assesinwent Conipliance Checkho Certification
........................ ....................................................................... ...................................---...................---................. ....................... ................................................................ ............... .....................................
DFT Agreerrient No. 22PLN65
Rev. 10/18/22
3572
8, 1 Ihre foll-.wnrll information applies to 1`e•dclal trr<ants only and is identrticraf in aCcord ante with T'R NA t tt (a)(I y
! c(JCNA6 Aanr,ard Ialaantitia;,rtIaM °w MY)bOr II ACN'
I cdefaaC Award IDaW taa Nh1pltnuna
f marl Federal I urnds Obb a cd Iiy This Air rreraraarrt
I ud eral Awaadinj?,AL,errc'ya .
Award R&D" I `r,eax I .NTJ/A
4 i �mnwmummommm mnm
l!`dp"I�d 11 N 1'.WHi�d1I18,1�1'OP' this Agreement Shall be affective oil the(late indicated by file Agreement Begirr D etc above or the
last date si Yned below,wiaielnever is later.
City of Marathon
G1tAl"t`f V19,
Fly
("I1-iihoIr Ira< Date Signed
Luis Golaa.alex,Mayor
pi nnt Nann�re and Title 01`l't,r�sean yar� rrarr
Mate of`1,loa-idsa De nartmellit of roaaaanenfal 1'r-otection DIAIA1 1(V1EN 1
BY 4/14/2023
.._.
Secretary or Designee Dater Signed
Alex Reed, Director of the Office of 1fesilienc.e and t;oastal Protection
Print Name,and Title of,Pei—soil i.;rurn
[,�] Additional signatures attached oil sxpaarate.page.
DIT A fruentent No. 22p1..N6S
It e.ay. I t)f i ItII fr
3573
O C P Additional Signatures
:7C :;rrrt rrnar, yeCarter
....... _ ._..__.....
DEP QC Reviewer, Jeremy Jimenez
Grantee may add additional signatures below, ifneeded.
UNNESUMMOM
3574
STATE,OF FLORIDA
DEPAR'I'MEN'I'OF'ENV IRON MEN'I'Al.,PRO'FECTION
STANDARDTERNIS AND CONDITIONS
APPLICABLE TO GR ANT AGREENUENTS
ATTA(AIMENTI
1, Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof'and supersedes all prior
agreernents, whether written or oral, with respect to such subject matter. Any terms and conditions included oil
Orantee's forms or invoices shall be null and void.
2. Grant Administration.
a, Order ol'Pre cede nce. If there are conflicting provision,;among the documents that make up the Agreement,the
order of precedence for interpretation of the Agreement is as follows:
L Standard Grant Agreement
ii, Attachments other than Attachment 1,in numerical order as designated in the Standard(Irant
Agreement
iii. Attachment 1,Standard Terms and Conditions
iv. The Exhibits in tire order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication among the parties,including all notices, shall
be obtained by or sent to the parties' Grant Managers, All written communication shall be by electronic mail,
(J.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt,a courier service delivery receipt,other iriail service delivery receipt,or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If'a diffierent,Grant Manager is designated by either party after execution of this Agreement, notice of the name;
and contact information of the new Grant Manager will be submitted in writing to the,other party and maintained
in the respective parties' records. A change of Grant Manager does,not require a formal arnendrrient or change
order to the Agreement.
d. This Agreement inay be amended,through a formal amendment or a change order,only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(1)an increase or decrease in the Agreement funding amount;
(2)a.change in(.1yrantee's match requirements;
(3)a change in the expiration date of the Agreernent; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment 3, Grant Work plan,that exceeds or is expected to exceed twenty percent(2('%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1)task tinlefines within tire current authorized Agreement period change-,
(2)the curnulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work
Plan,are less than twenty percent(20%)of the total budget,is last approved by Department;
(3)changing the current funding source as stated in the Standard Grant Agreement;and/or
(4)hind transfers between budget categories for the purposes oftneeting match requirements,
This Agreement may be amended to provide for additional services ifadditional Funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
1 Agreement Duration.
The term of"the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable ternis arid conditions.The Grantee shall be eligible;
for reirribursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work perf6rined prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
Attachment I
of 12
Rev. 11/14/2022
3575
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other-units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables rnay be cornprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perforn't in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants flr& (1)the services will be performed by qualified personnel; (2)the services will be ofthe
kind and quality described in the Girant Work I'lan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly intringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(5)its
employees,subcontractors,arid/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department,fibi,work done at the ProJect Location(s),The Department reserves the right to investigate
or inspect at arty time to determine whether the services or qualifications offered by (irantee rneet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance ofa particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables,
a. Ace Process. All defiverab es must be received and accepted in writing by Department's Grant Manager
before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding,within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
deliverables within 30 ditys,of'receipt,they will be deemed rejected,
lb. Bgj.e.ct-io.n..-of'D.el-i.vera-bles.. The Depart rient reserves the right to reject deliverables,as outlined in the Grant
Work Plan,as incomplete, inadequate,or unacceptable due,in whole or in part,to Grantee's lack ofsatisfhctory
performance tinder the terms of this Agreement,The Orantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. I'layment for the rejected deliverable will riot be issued unless the; delive
rable era ble is niade
J J
acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may
allow additional firne within which Grantee may rernedy, the objections noted by Deparlirwrit.The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute air
event of defhuh-
7. imancial Consequences for Nonperformance.
a. Withhold ?kpg P AY merit. In addition to the specific consequences explained in the Grant Work Plan arid/or
Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
-------------------
lf'Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1%for each
day the deadline is missed,unless an extension is approved in writing by the Depm-trnent.
c. Colri,.c.ct.,i,vc,.,A,,c..ti.on,,11,1,,I.a.n. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specific(]
tirnefrarne, Departrnent may, in its sole discretion, request that a proposed Corrective Action Plan ((.,AP,) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented arid performed in no more than sixty (60)calendar days.
L The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days of receipt of CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CA13 is not accepted,Grantee shall have ten(10)days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval ol'a CAP as specified above may result in Departinent's termination of
this Agreement for cause as authorized in this Agreement,
iL Upon Department's notice, of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance ofthe proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement, in the event the CAP fails
to correct or eliminate performance deficiericies by Grantee, Department shall retain the right to
Attachment 1
2 of 12
Rev, 11/14/2022
3576
require additional or further remedial steps, or to terminate this Agreement for failure to perforill.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance, The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress ofthe CAP will be made to
Departirient as requested by Department's Grant Manager.
HL Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
& Payment.
a. Pa nicrit Process. Sub ect to the terms a on and conditions,established by the Agreement,tile pricing per deliverable
J
established by the Grant Work Plan,and the billing procedures established by Department,Deparfinent agrees
to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes(F.S.).
b. 14,x,c0,Thc Department is exempted frorn payment of State:sales,use taxes and Federal excise taxes.The Grantee,
however,shall not be exempted from paying any taxes that it is subject to,including State sales and rise taxes,or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department.The(Irantee shall not use Department's exemption number in securing such materials.The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting ftorn this
Agreement,
c. Maximum Amount A reernent. The maximum arnount of compensation under this Agreement, without an
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reirnbursernerit for Costs.Tire Grantee shall be paid on a cost reimbursement basis Tor all eligible Project costs
..................................... —11 ..................
upon the corrilfletion, submittal, and approval of cash deliverable identified in the Grant Work plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reirribursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State
funds, including, but not limited to,the Reference Guide for State Expenditures, which can be accessed at the
following web address:
idacfio,conid.)�v kion/A SoateFx enc it gres,p°jf
-P
e. fln,yoillle-IDI'le't'a,ile, All charges for services rendered or for reirribursennent of expenses authorized by Department
pursuant to the Grant Work Plan shall he submitted to Department in sufficient detail fior a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice f3epartment for deliverables that are completed in
accordance with the Grant Work.Plan.
f. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g, Linal flayrrlgL qfke ,L,A final payment request should be submitted to Department no later than sixty(60) days
_gqll�Ls
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or befbre the expiration date of the
Agreement.
h. AnnuaLA.pprgilriation Cont in pa. The States performance and obligation to pay tinder this Agreement is
contingent upon, an annual appropriation by the Legislature. This Agreement is not a COnlinifirient of future
appropriations. Authorization for continuation and completion of'work, and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of' Administration. To obtain tire applicable interest rate, please refer to:
j. -qj ArIrqgI Any balance ofunobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
tinder the terms of the Agreement must be refunded to Department.If'_this A r gla ratJs funded with federal funds
and the De artrn n is r quired to refund the federal goygn!neI!t,..!he Grantee shall refund the De artment its
- P.. . g.1 g .—P
share of those funds.
........................................................
9. Documentation Required for ost Reimbursement Grant Agreements arid Match.
If("ost Reimbursement or Match is authorized in Attachment 2,Special Terrils and Conditions,the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements fear the fbilowing budget categories:
Attachment 1
3 of 12
lZev. 11/14/2022
3577
a. Sala W, .0. Grantee shiall list personnel involved, position classification, direct salary rates, and hours spent
I I Y� __n I
on the Project in accordance with Attachment 3, Grant Work Plan in their docunientation for reirribursernent or
match requirements.
b. Overhead/1'rid'irect/G'e"ner'al a,nd A,dr,T,i"i,r,i,is,t,r,ati,ve C,osts., If Grantee is being reimbursed for or clairning match for
mm.multipliers, all multipliers used(i.e.,fringe benefits,overhead, indirect, arid/or general arid administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of
written notification.Interest shall be charged on the excessive rate,
c. Contractual Costs (5ghg9n114 tpys Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that. required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate
per hour, and hours spent on the Project. All eligible ITIUltipliers used (i.e,, fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. Ifl3epartnient determines that multipliers
charged by arty subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. N011COnSUrnable and/or nonexpendable personal property or equipment costing$5,000 or more purchased
fbi,the Project under as subcontract is subject to tire requirements set forth in Chapters 273 and/or 274, F.S.,and
Chapter 691-72, Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F,A.C.,as applicable.The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of"services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement,if any,irnpose this requirement,in writing,on its subcontractors.
L For fixed-price (vendor) subcontracts, the following provisions shall apply: 'rhe Grantee may
award,on a corripetifive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grain, Work Plan. Invoices submitted to Departirrient for fixed..
price subcontracted activities shall be supported with a copy of the su been tractor's invoice and as
copy of tire tabulation forni for the competitive procurement process(e.g.,Invitation to Bid,Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract.'rhe Grantee may request approval from Department to award a fixed-price Subcontract
resulting from procurement methods other than those identified above.In this instance,Grantee shall
request the advance written approval frorn Department's Grant Manager of' the fixed price
negotiated by Grantee, The letter of"request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. LJpon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the I ixed-price subcontract.
it. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
28T055, F.S. or, the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements,
cl. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Dire A-Pur f ase E i i i tit, For the purposes ofthis Agreement, Equipment is defined as capital outlay costing
- _-K I- c I__, D,
$5,000 or mores. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Deparinient, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor, Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form,
f. Rental/Lease offwqqJ,p,rq_i e r,rt, Match or,rei m bursern exit requests for rental/lease of equipment must include copies
of,invoices or receipts to document charges.
g. M. iscellaneous/0ther,ExpL s. If miscellaneous or other expenses, such as materials, Supplies, non-excluded
......................... pse_
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department
shall not reimburse any of the following types of'charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or
equipment.
h. La qy�nd Aci
-----------_ tji1Jo.rr1..Reirnburserrient for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreernents, or other site access,
agreenrents;and/or obtaining record title ownership of'real property through purchase)must be supported by the
following, as applicable: Copies of Property Appraisals, 1"'..'nvironinental Site Assessments, Surveys and Legal
Attachment 1
4 of 12
Rev. 11/14/2022
3578
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, kising
Staternents/Docurnents, Deeds,Leases,Easements,L,icense Agreements,or other legal instrument docurnenting
acquired property interest and/or rights. If land acquisition cost;are used to niect match requirements, Grantee
agrees that those funds shall not be used as triatch for any other Agreement supported by State or Federal funds.
10 Status Reports.
The Grantee shall submit status reportS quarterly, unless otherwise specified in the Attachments, on Exidbit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period,problems encountered,problern resolutions,scheduled updates,arid proposed work for the next reporting
period. Quarterly status reports are due no later than twenty (20)days fiollowing the completion of the quarterly
reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
31, June 30, Septernber 30 and December 3 L The Department will review the required reports submitted by
Cy'rantee within thirty(30)days,
It. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on ttie work performed
tinder this Agreement up to the niaxinium percentage described in Attachment 2,Special Terrils and Conditions.
Retainage,may be withheld From each payment to Grantee pending satisfactory completion of'work and approval
of all deliverables.
b. If Grantee fails to perf6rin the requested work,or tails to perform the work in a satisfactory manner,Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is riot
limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. 'Phe Department shall provide written notification to Grantee of flies failure to perform
that shall result in retainage forfeiture. Ifflie Grantee does riot correct the failure to perform within the tinleframe
stated in Department's notice,fire retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the; retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage hold in accordance with the invoicing
procedures under this Agreement-
11 Insurance.
a. In R s ., q antees...and/or Subcontractors. The Grantee shall require its sub-grantees
.......... -Gr...
and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms arid limits as
described in this Agreement. "The Grantee shall require all its sub-grantees and/or subcontractors,if any,to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement, S ub-gran tees and/or subcontractors must provide proof of insurance upon request.
b. Deduct-O lqs, The Department shall be exempt front,and in no way liable for,aury surns of nroney representing a
deductible in any insurance policy. The payment of'such deductible shall be the sole responsibility afore
Grantee providing such insurance.
c. Proof o.f1psurance, Upon execution of this Agreement,Grantee shall provide Department documentation
demonstrating the existence and arnount for each type ofapphcable insurance coverage prior to perforniance of
any work under this Agreement- Upon receipt ol"writterr request from Department,Grantee shall furnish
Departrnent with proof of'applicable insurance coverage by standard form certificates of insurance,a self.
insured authorization,or other certification of self-insurance,
d. jjqty
P._
tain C 9Y QE In the event that any applicable coverage is cancelled by the insurer for any
_---__.. _
reason,or if Grantee cannot get adequate(,,overage,Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforining to the requirements herein and provide
proof of such replacement coverage within ten(10)days after the cancellation of coverage.
e. Insurance"frost„ If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add
...........
the Department of Environnrental Protection,its ernployees,arid officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination,
a Termination for Convenience, When it is in tire State's best interest,Department may,at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective(late of termination or the
�specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for
work to be paid under this Agrcernerit within thirty(30)days of the efflective date of termination, The
Department shall riot pay any invoices,received after thirty, (30)days of the effective date oftermination.
Attachment 1
5 off 2
Rev, I 1/14/2022
3579
is Termination fin,Cabs The Department inay terminate this Agreernent ifany of the events ofdefault described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations tinder this Agreement.If;after tertrimation,it is deternimed that Grantee was not in default,or that
the default was excusable,the rights and obligations of the parties shall be tire,same as if the termination had
been issued for the convenience of Department.The,rights and remedies of'Departnient in this clause are in
addition to any other rights and remedies provided by law or tinder this Agreement-
c. GranteeOHLY, !.,i(.)ns�gp, ij Notice ofTermination. After receipt of a notice of termination or partial termination
..............- �L ............... .........................................I
unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and
to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement
riot terminated. If the Agreernent is terminated before perforniance is completed,Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated, The Grantee shall not be entitle cl to
recover any cmicellation charges or lost profits.
d, Continuation of.PrQ ..!�rvices. If Department has paid for any services prior to the expiration,cancellation,
1-11.1".......................................................- gW_5 ........................
or termination ofthe Agreement,Grantee shall continue to provide Department with those services for which it
has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
Transition of'Services Uppl�Rr!n-inatfi,q!2_,_,Ex ir jo i or ancellation of'Q,e A cenient, I t'services provided
� -—.1- ___p_qt -2 ............- -..............................
under the Agreement are being transitioned to another provider(s),Grantee shall assist in the sinooth transition
of'Agreernent services to the subsequent provider(s). This requirement is at a rninimurn all affirmative
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant
Work Plan, The Grantee shall not perform any services after Agreement expiration or termination,except as
necessary to complete the transition or continued portion of the Agreement,ifany.
14. Notice of Default.
If Grantee defaults in the perforamnee of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Gyrantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default, and Department may terminate the Agreement effective as ofthe date of'receipt ofthe default
notice.
15. Events of Default.
Provided such faHure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events,acts,or ornissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perf6rm the minimal level of"services required for a defiveraNe,discontinuance of'
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonnient of"the Agreement;
b. The commitment of any material misrepresentation or ornission in any materials,or discovery by the Department
of such,made by the;Grantee in this Agreement or in its application for funding;
c. Failure to subinit any ofthe reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information;
d. Failure to honor any term ofthe Agreement',
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of arl order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or inaterials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of"the work, in violation of Section 274 (A) of"the
Immigration and Nationality Act;
fr. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Departnient adequate
assurances,reasonably acceptable to Department,of its continuing ability art(]willingness to full"HI its obligations
tinder the Agreement:
i. Entry of an order for reliefunderTitle I I of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
Attachment Y.
6 of 12
Rev. 11/14/2022
3580
iv. An action by Grantee tinder any state insolvency or similar law for the purpose of"its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
'I"he Department may, in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is
in the best interest ofthe State to do so.'rhe Department shall provide Grantee written notice outlining the particulars
of'suspension. Examples of reasons for suspension include,but are riot limited to, budgetary constraints,declaration
of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice.
Within 90 days,or any longer period agreed to by the parties,Deparltrient shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resurne; or (2) terminate the Agrectncru, If the Agreement is
terminated after 30 days of suspension,the notice of suspension shall be deerned to satisfy the thirty(30)days'notice
required for as notice ofterinination for convenience, Suspension of work shall not wititle Grantee to any additional
compensation.
17. Force Majeure.
J'he Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of'Grantee or its ernployees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers iftio alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing ofthe delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay Could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE'FIIE GRANTEE" S SOLE, REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for darlyrages,other than for an extension of time,shall be asserted against Department. the,Grantee shall not be
entitled to air increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance front any cause whatsoever, If
performance is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, artless Department deternthres, in its sole
discretion,that the delay will significantly impair the value of the Agreernent to Department,in which case Department
may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants prefiereritial treatment
to Department with respect to products subJected to allocation; (2) contract with other sources(without recourse to
and by Grantee for tire related costs and expenses)to replace all or part of the products or services that are the subject
of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or
in part.
18. Indemnification.
a. 'fhe Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions,damages,and costs of every name and description arising from or relating to:
L personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by('4antee,its agents,employees,partners,or subcontractors;provided,however,that Grantee
shall not inderrinify for that portion of any loss or damages proximately caused by the negligent act
or ornission of'Department;
it, the Grantee's breach of this Agreement or the negligent acts or emissions of Grantee.
b. fire Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (I)written notice of any action or threatened action;(2)the opportunity to take over,
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost, expense,or cornpromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for, the
negligent or wrongful acts of'its employees and agents. however, nothing contained hercin shall constitute a
waiver by either party of its sovereign immunity or the provisions of'Section 768.28, F.S.Further,nothing herein
shall be construed as consent by as state agency or subdivision of the State to be stied by third parties in any matter
arising out of any contract or this AgreernenL
Attachment 1
7 of 12
Rev, 11/14/2022
3581
d. No provision in this Agreement shall require I)epartment to hold harmless or indemnify(Irantee,insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under tire laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Departrnent's liability for any ciaurk arising from this Agreement is linrited to compensatory damages in an amount
no greater than the sure ofthe unpaid balance cif compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force niajeure events. Nothing in this
Agreement, including financial consequences fior nonperformance, shall linift Departmoit's right to pursue its
remedies for other,types of darnages under the Agreement, at law or in equity, The Department may, in addition to
other remedies available to it, at iaw or in equity and upon notice to Grantee, retain such monies frorn anrourns due
(grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Deparfarent to exercise or enforce any of its rights under this Agreement shall not constitute
or tie deerried a waiver of'Deparbirkent's right thereafter t.o enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or ftirther exercise thereof or the exercise of any other right-
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act, If Grantee/subcontractor knowingly employs unauthorized
aliens,such violation shall be cause for unilateral cancellation of this Agreernent.The Grantec shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement,
b. Pursuant to Sections 287.133,287.134,and 287.137 F,S.,tire hollowing restrictions apply to persons placed on
the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list:
L Public Entity._Ctirne. A person or affiliate who has been placed on the convicted vendor list
..—........................
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with an public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases of'real property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant kinder a contract with any public
entity; and may riot transact business with any public entity in excess of the threshold amount
provided in Section 297.017, F.S., for CATEGORY TWO for a period of36 months following the
date of being placed on the convicted vendor list,
ii. Discriminator c minatory vendor
-........... An entity or,affiliate who has been placed on the dis ri
list may riot submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work;may riot submit bids,proposals,or replies
on leases of real property to a public entity; may riot be awarded or,perform work as a contractor,,
supplier,subcontractor,or consultant under a contract with any public entity;and may not transact
business with any public entity.
iii. Antitrust.V.j.ol4to.r.Vs.rroors,A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may riot
submit a bid, proposal,or reply on any contract to provide any good or services to a public crrtity;
may riot submit a bid,proposal,or reply on any contract with a public entity for the construction or
repair of a public building or public work;may riot submit a bid,proposal,or,reply on leases of'real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor,or consultant under a contract with a public entity;and may not transact new business
with a public entity.
iv. Notification, 'Fire Grantee shall notify Departynenk if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list,the;discriminatory vendor list,or antitrust
violator vendor list during the fifie, of the Agreement. The Florida Department of Management
Set-vices is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier L)iversity,at(850)487-0915,
Attachment 1
8 of 12
Rev. 11/14/2022
3582
23. Compliance with Federal,State and Local Laws.
a. The Grantee and all its agents shall corriply with all federal,state and local regulations,including,but not limited
to, nondiscrimination, wages, social security, workers" compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in„be denied the proceeds or benefits of,or be otherwise subjected to discrimination
in performance of this Agreement.
c, 1"his Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning perforrilance of the Agreement shall be processed as described herein, Jurisdiction fog
any damages arising tinder the terms of the Agreement will be in the courts ofthe State,and venue will be in the
Second Judicial ('11iretlit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement,
24. Build America,Buy Arnerica Act(BABA)-Infrastructure Projects with Federal Funding.
This provision does riot apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision(toes not apply where
there is a valid waiver in place. However,the provision may apply to funds expended before the waiver
or after expiration of the waiver.
11'applicable,Recipients or Subrecipients of an award of Federal financial assistance Itorn a prograrn for
infrastructure are required to comply with the Build America,Buy America Act(BABA), including the
following provisions.
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes,
frorn tire initial melting stage through the application of'coatings,occurred in the United States;
b„ All manufactured products used in the project are produced in the United States-this means the manufhetured
product was manufactured in the United States;and the cost of the components of file rnartUfactured product
that are ruined,produced,or manufacti,ired in the United States is greater than 55 percent of the total cost of all
components of the manufactured product,unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation;and
c. All construction materials are manufactured in the(.)ruled States-this means that all manufacturing processes for
the construction material occurred in the I.Jilited States.
The Buy America preference only applies to articles, materials,and supplies that are consumed in,incorporated
into,or affixed to an infrastructure project.As such, it does not apply to tools,equipment,and supplies,such as
temporary scaffolding,brought to the construction site and removed at or before the completion ofthe
infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,such as movable
chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott, of
Israel. Pursuant to Section 287.l 35,F&,the Department rnay immediately terminate,this Agreement at its sole
option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement,
b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Section 287.135,F.S,the Department may irranediately terminate this Agreement at its sole option if the Grantee
is found to have subinitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleurn Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c, As provided in Subsection 287.135(18),f S,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative,
26, Lobbying and Integrity.
'file Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216,347,F',S,,except that pursuant to the requirements of Section
Attachment 1
9 of 12
Rev. 11/14/2022
3583
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance,term,or compensation regarding that
agreement.The Grantee shall comply with Sections 11.062 and 216.347,F&
27. Record Keeping.
The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in
accordance with I.Jinted States generally accepted accounting principles(LJS GA AP)consistently applied. The
Def.marnent, the State,or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five(5)years following the completion date or termination of the Agreement, In
the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Departu'rCat'S Inspector General,or other authorized
State official,Grantee shall provide any type of information the Inspector Gerwral deerns relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to,Grantee's business or financial
records,docurrients,or files of any type or form that refer,to or relate to Agreement,The Grantee shall retain such
records for the longer ol'(I) three years after the expiration of the Agreement;or(2)the period required by tire
General Records Schedules maintained by the Florida Department of"State(available at:
2& Audits,
a. uxu,pawc fags QKjjgE41. "flic Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Inspector general in any investigation, audit, inspection, review, or hearing. 'Fhe Grantee will comply with this
duty arid ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing,on its sub-grantees and/or subcontractors,respectively.
b. P..I.I.y,s.i.(.,.,a,l...A.c.,c,e,s.s a.pd...lqsP.c.g!i,o,n,, Department personnel shall be given access to and may, observe and inspe,,et
work being performed under this Agreement,with reasonable notice and during normal business hours,including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents;
iL Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and,
iii. (.3rantee shall allow and facilitate sampling and nionitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreernent.
c. 59 ial.Audit Rpqgirements, The Grantee shall comply with the applicable provisions contained in Attachment
5,Special Audit Requirements. Each arnendirient that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit I to include
in each amendment that authorizes a t1inding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state)
identified in Attachment 5, Exhibit I and determine whether the terms of Federal arid/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that ofa subrecipient or vendor, For State financial assistance,Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (f6rm
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
d. Erolof of,rr,a.T.i..s,,ac.t,io,,n,s., In addition to documentation provided to support cost reimbursement.as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidefines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements f6r federal programs can be found under 2 CFR
200. 'the Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30)days of such request,
e. No_C.9m,ln.jrig1u1g of Funds, The accounting systems for all Grantees must, ensure that these funds are not
commingled with funds frorn other agencies. Funds fi-orn each agency must be accounted for separately. Grantees
are prohibited from cornmingling funds on either a program-by-prograrn or a project-by-project basis. Funds
specifically budgeted and/or received for one prqject may not be used to support another protect. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a systern to provide adequate fund accountability for,each project it ties been awarded.
Attachment I
10 of 12
Rev. 11/14/2022
3584
i. If Department finds that these funds have been commingled, Department shaH have the right to
demand a refund,either in whole or in part,ofthe funds provided to Grantee under this Agreement
for non-comphance with the material terms of this Agreement. The Grantee,, upon such written
notification frorn Department shall refund, and shall forthwith pay to Department, the amount of'
money demanded by Department, interest on any refund shall be calculated based on the prevailing
rate used by the State Board (A'Adnilnistration. Interest si'mil he calculated firorn the date(s) the
original payrrient(s) are received from I)epartment by Grantee to the date repayrnent is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, frorn another source(s), Grantee shall reirriburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payinent(s) are recovered by Grantee to the (late repayment is
made to Department.
iii. Notwithstanding the requirernents of this section, the above restrictions on commingling funds do
riot apply to agreements where payments are made purely on a cost reimbursement basis.
29. Conflict of interest.
The Owitee covenants that it presentiy has no interest and shall not acquire any interest which would conflict in any
manner or degree with the perft,)rrnance of services required.
30. Independent Contractor,
The Grantee is air independent contractor and is not an employee or agent of Department.
31. Subcontracting.
a, Unless otherwise specified in the Special Terns and Conditions, all services contracted for are to be performed
solely by Grantee.
b, The Department rnay,for cause,require the replacernent of any Grantee employee,subcontractor,or agent, F'or
cause,includes,but is not limited to,technical or training qualifications,quality ofwork,change in security status,
or non-compliance with an applicable Departnient policy or other requirement.
c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee
employee, subcontractor,or agent,
d. The Department's actions under paragraphs b. or c,shall not relieve Grantee of its obligation to perform all work
in cornphance with the Agreement.The Grantee shall be responsible for the payrnent of all monies due under any
subcontract,The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee: shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will riot deny Grantee's employees, subcontractors, or agents access to ineefings within tire
Department's facilities,artless the basis of'Department's denial is safety or security considerations.
f', The Departirrent supports diversity in its procurement prograin and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically, The award of'subcontracts should reflect tile full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)4870915
g. The Grantee shall riot be liable for arry excess costs for a failure to perf6rin,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the,cause of the default is completely beyond the control of both
Grantee and the subcontractor(s),and without the fault or,negligence of either,unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet tire required delivery
schedule,
32, Guarantee of 11arent(.'ownpany,
It'Grantee is a subsidiary of anoffier corporation or other business entfy,Grantee asserts that its parent corrilu-iny will
guarantee all ofthe obligations of'Grantee for purposes of fulfilling the obligations ofAgreernent. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be as requirement of sale that the new
parent company guarantee all ofthe obligations of Grantee.
33. Survival.
The respective obligations of the parties,which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records,shall survive termination,cancellation,or expiration of this Agreement-
34, Third Parties.
The Department shall riot be deerned to assurne any liability for the acts, failures to act or negligence of'Grantee, its
agents,servants,and ernployees,nor shall(frantee disclaim its own negligence to Department or any third party. ]'his
Attachment I
11 of 12
Rev, 11/14/2022
3585
Agrectnern,does not and is not intended to confer any rights or rernedies upon any person oOwr than the parties. 11'
Deparltnent consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third-
party rights.Further,no third parties shall rely upon any of the rights and obligations created tinder this Agreement.
35. Severability.
If a court of'corripetent jurisdiction deems any terra or condition hexcin void or unctiforceable,, the other provisions
are severable to that void provision,and shall rernain in Fult force and effect,
36, Grantee's Employees,Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request,Grantee shall furnish a copy of
technical certification or other proof of qualification.All employees,subcontractors,or agents performing work tinder
Agreement most c.ornply with all security and administrative requirements of Department:and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
37. Assignment.
The Grantee shall not sell, assign,or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event
ofany assignment,Grantee remains secondarily liable for performance ofthe Agreement,unless Department expressly
waives such second,,," liability. Fhe Department may assign the Agreernentwith prior written notice to Grantee of`its
intent to do so.
38. Compensation Report.
If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State,
annually receive 50%or more of their budget frorn the State or from a combination of State and Federal funds,the
Grantee shall provide an annual report, including the most recent IRS Forin 990, detailing the total compensation for
the entities'executive leadership tearns.Total compensation shall include salary,bonuses,cashe.d-in leave,cash
equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports.All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee,
39. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts,
each of'which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of'1996,electronic signatures,including facsimile transmissions,may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
12 of 12
Rev. 1 l/14/2022
3586
STATE OF FLORIDA
DEPARTMENTOF ENVIRONMENTAL,PROTECTION
Special Terms and Conditions
AGREEMENTNO.
I
ATTACHMENT2
These Special Terms and Conditions shall be read together with general terrns outlined in the StandarriTerms and
C onditions,Attachment I Where in conflict,these rnore specific tenns shall apply.1. Scope of Work.
The Project funded under this Agreement is The Project is defined in more detail in
Attachment 3,Grant Work Nan.
2. Duration.
a. R'giry-i-b"u-rsement Per"i"o-d The,reimbursement period for this Agreement is the sarne as the term of the,Agreement.
b� Extensions. There are extensions available for this Project.
c. 5 ei'vic-e Veriod_s,Additional service periods may be added in accordance with 2.a above and are contingent upon
proper and satisfactory technical and administrative performance by the Grantee and the availability of funding.
3. Payment Provisions.
a. Corn11qr!sqtJon,This is a cost reimbursement Agreernent.The Grantee shall be compensated under,this Agreement
as described in Attachment 3.
b. I"nvoi,cing,Invoicing will occur as indicated in Attachment 3.
C, Advance.PI. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to rnect matching requirerntnts shall be limited to tile f6ilowing
budget categories,as defined in the Ret.crence Gluide for State F"Apenditures,as indicated:
Reirnbursernent Match Ca my
.......... ..........
L-1 F J Salaries/Wages
(:Overhead/Indirect/General and Administrative Costs:
a. Fringe Benefits,N/A,
E-1 El b. Indirect Costs,N/A.
FD lontractual(Subcontractors)
T'ravel,in accordance with Section If 2,F.S.
Equipment
l"11 D Rental/Lease of'Equipment
0 r3 M ml iscellans/Orher Expenses
_
I Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement,
6. Land Acquisition.
There will be no L,and Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the pact of the Grantee under this Agreernent.
8. Insurance Requirements
fncqkjired Cove[aage, At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terrns and limits described below. '['he firnits of coverage under each policy
Attachment 2
1 of 2
Rev.8/19/2021
3587
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations Linder tile
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program estabfished and operating Linder tile
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,
however the'mini-in"u"in insurance requirements applicable to this Agreement are:
a. Commercial
........................................
I'he Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department,its employees,and officers shall be narned as
an additional insured on any general liability policies. The, minimum linifts, shall be $250�,000 for each
occurrence and$500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle, tire Grantee shall maintain automobile
liability, bodily injury,and property datriage coverage. Insuring clauses for both bodily injury and property
daniage shall provide coverage on an occurrence basis.The Department,its ernployees,arid officers shall be
trained as an additional insured on any automobile insurance policy. The minimum limits shall be as ftdlows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles, if'applicable
$200,000/300,000 Ifired and Non-owned Automobile Liability Coverage
c, Wor,keis',Co np,,,11,�,,ItioIi,and.E�ii I ygfA In 'j jja t�ly_(�
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy
aggregate, Stich policies shall cover all employees engaged in any work under the Grant.
d. Other Insurance.None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements tinder this Agreement.
10. Retainage.
No retainage is required under this Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Deparfinent's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,,which require prior approval.
The Grantee shall submit,a copy of the executed subcontract to tile Department prior to submitting any invoices for
subcontracted work. Regardless ofany subcontract,the Grantee is ultimately responsible for all work to be
performed tinder this Agreeinent.
12. State-owned Land.
'rhe work will not be performed on State-owned land.
13. Office of Policy an(]Budget Repoiling.
There are no special Office of Policy and Budget reporting requirements for this Agreement,
14. Additional Terms.
I)ocLitTietitaryL,videnceft4irementf'orSLibcontractor(s), If any work associated with this Agreement is cornpleted
...............
by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit docurnentary evidence (e,g,,
workshop agendas; meeting recordings) to Grantee derrionstrating that the, subcontractor(s) has fully performed its
Project obligation(s).The Grantee shall forward copies ofall such documentary evidence to the Department with the
Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement
(Grant Work Plan).
Attachment 2
2 cif 2
Rev,8/19/2021
3588
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PRO"I'ECTION
GRANT 'OR K PLAN
AGRE EMENT NO,22PLN65
ATTACHMEN'T3
PROJECT TITLE: City ofMarathon Vulnerability Assessirient and Adaptation Plan
PROJECTLOCATION: 'riie Prqject is located in the City of Marathon within Monroe County, Florida,
PROJECTI)ESCRIPTION:
The City of Marathon(Grantee) will complete the City of`Marathon Vulnerability Assessment (VA) and
Adaptation Plan Project(Project)to update the existing Vi,ilnerability Assessment(VA)pursuant to Section
380.093(3)(d), Florida Statutes (F.S.)and develop an Adaptation Plan (All).
TASKS AND DELIVERABLES:
Task NKick Of Mee i
Description: The,Grantee will develop an overall project rnanagernent plan arid address initial actions and
then conduct as kick-off meeting for the project. Meeting attendees will discuss the project scope, project
goals, schedule, key milestones, and deliverables in order to develop a consistent project approach. 'The
kick-off meeting will be hosted by the Grantee and should identify potential representatives to serve on the
project steering corm-nittee, prior to the meeting, the Grantee will prepare the sign-in sheet, draft project
schedule, and other meeting;materials as necessary. The Grantee will prepare a draft list of"representatives
to serve on the project, steering committee. It is recommended that the corranittee be hinited to no More
than 10 representatives to better manage meeting outcomes.
Deliverables: The Grantee will provide the fbHowing: 1) a. draft list ofsteering committee members; 2)
kick offineeting minutes,which documents all decisions and agreed upon outcomes of the meeting„arid 3)
a drall email to potential steering committee rnembers to request their participation on the committee, 'the
email shall include the project purpose, goals, schedule, project meeting dates and locations, and overall
desired outcomes.
...a..s.....k..........2........:-FnalVulnerabili ...........s.....s.....e.s...sm.. ent Rcpqt, sse t........I.....n. eq! � .M)%Areand Sensitivity rnaaIysis
and Ad
..................
Description: The Grantee will research and compile the data. needed to perform the VA, based on the
requirements as defined in Section 380.093, F.S. Three main categories ofdata are required to perform a
VA: I)critical and regionally significant asset inventory,2)topographic data,and 3)flood scenario-reWed
data. GIS metadata should incorporate a layer for each of the lour asset classes as defined in paragraphs
380.093(2)(a) 1-4, F.S. Sea level rise projection data shall include the 2017 NOAA interinediate-high and
intertnediarre.-low Pr0JeCt'i()JJS Jor 2040 and 2070, at a minimum, Other projections can be used at the
Grantees discretion. Storm surge data used must be equal to or exceed the I 00--year return period (19/6
annual chance) flood event, In the process of researching background data,the Grantee shall identify data
gaps, where missing data or low-quality information may limit the VA's extent or reduce the accuracy of
the results, The Grantee shall rectif" any gaps of necessary data to the extent practicable. The Grantee will
perform an eXPOSUre analysis to identify the depth of water caused by each sea level rise, storm surge,
and/or flood scenario. The water surface depths(i.e. flood scenarios) used to evaluate assets shall include
DEP Agreernerar No,: 22PL,N65
Page I of
Rev.2.11.22
3589
the following data: tidal flooding, current arid future storrri surge flooding, rainfall-induced flooding, arid
compound flooding, all as applicable,as well as the scenarios and standards used for the exposure analysis
shall be pursuant to s.380.093,F.S The Grantee will perform the sensitivity analysis to measure the impact
of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets,
created through the ext)OSUre analysis. The sensitivity analysis should include air evaluation ofthe impact
of flood severity on each asset type and at each flood scenario. The (3rantee will finalize the VA report
pursuant to the requirements in s. 380.(t93, F.S. and based upon internal comments and outreach efforts.
The final VA niust include all results from the exposure arid sensitivity analyses, as well as a.summary of
identified risks. It should contain a list of"critical and regionally significant assets that are impacted by
flooding and sea,..level rise,specifying for each asset the flood scenario(s) impacting the asset. All GI S files
and associated inetadata niust adhere to the Resilient Florida Prograin's GIS Data Standards (Exhibit 1),
and raw clata sources shall be defined within the associated inctadata. The Grantee will also develop an All
that will be incorporated into the VA. 'I"he All will be consistent with the Florida Adaptation Planning
Guidebook and includes the following:assessment ofadaptive capacities,prioritization of adaptation needs,
and identification of adaptation strategies. The Grantee may also include optional subtasks such as
identifying adaptation action areas,stakeholder engagement, and integrating the proposed AP into existing
APs, The AP will also h-WILide a list of prioritized projects for cacti asset class as defined in subsection
3WO93(2), 17.S., lot-consideration and irriplenrentation,
Deliverables: The Grantee will provide the following: 1) GI S files with appropriate metadata ofthe data
compiled, to include locations of critical assets owned or maintained by the, Grantee as well as regionally
significant assets that are classified arid as defined in paragraphs 380.093(2)(a) 14, F&;2)GIS files with
results cil"the exposure and sensitivity analysis for cacti flood sceriario as well as the appropriate metadata
that identifies the methods used to create the flood layers;3)as final list of critical arid regionally sil..Ynificant
assets that are impacted by flooding,which must be prioritized by area or immediate need and Must idelltily
which flood scenario(s) irnpacts each asset; 4) Final VA Report that provides details on Ifie results and
conclusions, including illustrations via reaps arid tables, based on the statutorily-required scenarios and
standards in s. 380.093, F,S. The Final VA Report should also include the fbilowing: outline the data
compiled and the f ndings of the gal)analysis with recortirriendations to address the identified data gaps,and
any actions taken to rectify them, if'applicable; provide details on the modeling process, type of models
utilized, and resulting tables and maps illustrating flood depths for each flood scenario; and the final API-
and 5)a signed VA Compliance Checklist.Certification,
Task 3: ect Administration
(Description: The Grantee will perforin project administration, to include project scope of work
deterrinnartiorl,planning arid development of proposed project(s),design consultant direction and oversight,
meetings with design professionals arid construction contractor(s) and overall project coordination an(]
supervision.
Deliverables- The Grantee will submit project administration and management reports signed by the
Grantee's Giant Manager, to include a summary of project administration activities, proposed project
scopes of work,and meeting minutes.
PERFORMANCE MEASURES: The (Iraritee will submit all deliverables for each task to the
Department's Grant Manager on or before the '"Fask Dite [)are listed in the Project Timeline, The Grantee
171LIst also Submit EXhibit A, Progress Report Forni, to the Department's (it-ant Manager, with every
deliverable and payrrient request. For interim Payment requests, F"xhibit A may serve as the deliverable for
n a task. The Department's Grant Manager will review the deliveraWe(s) to verify that they meet the
specifications in the Grant Work Plan arid the task description,to include any work being performed by any
DEP Agreenrent No.:22P1.,N65
Page 2 of'3
Rev.2.11.22
3590
subcontractor(s), and will provide written acceptance or denial ofthe deliverable(s) to the Grantee within
ten (10)working days. Upon written acceptance by the Department's Grant Manager,of deliverables under
the task, the Grantee may proceed with the payment request submittal.
CONSEQUENCES FOR NON-PERFOIRMANCE: For each task deliverable riot received by the
Department at one hundred percent (100%) completion and by the specified due date listed in the
Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding
Arnount(s)paid to Grantee in proportion to the percentage of tire deliverable(s)not fully completed and/or
submitted to the Departmerit in as timely manner.
PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee
may submit a payment request for cost reirnbursement using both Exhibit A, Progress Report Form, and
Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently
than quarterly and must be made! using Exhibit A, detailing all work progress made during that payment
reCILICSt period,and Exhibit C. Upon the Department's receipt.oftl`xhibit,A and C,along with all supporting
fiscal documentation and deliverables,the Department's(3rant Manager will have ten,(10)working days to
review and approve or deny tire payment request.
PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task due date listed in the table below. Cost-reirnbursable grant Funding
inust riot exceed the,budg,el ainounts indicated below, Requests for any change(s)must be submitted prior
to the current task due date listed in the Pr(rpect "I'irneline. Requests are to be sent via email to the
Department's Grant Manager, with the details of the request and the reason for the request made clear.
mm ----------------------------- --.--------------- ---------- ----------------- ------------
Task Task Title Budget DEII' Match Total Task Start Task Due
No. Cate yy Arnount Amount Date Date
_.____A!nount
I Kick OffMeeting Contractual $22,100 so $22,100 7/1/2021 3/31/2024
Services
Final Vulnerability
Assessment Report, Asset
Contractual
2 Inventory, Exposure and Services $209,900 $f $209,900 7/1/2021 3/31/2024
Sensitivity Analysis, and
Adaptation Plan
3 Project Administration Contractual Services $8,000 $0 $8,000 7/1/2021 3/31/2024
............. ............
$0 $ ..... .
rotal:...
................................................. ....... ......................... .......... ............................................------- ... ..............................-......................................
DEP Agreernent No..22PL,N65
Page 3 of 3
Rev.2.1122
3591
S11 ATE OFFLORIDA
DEPARTMEN'1`01F ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
L Public Records.
a, If the Agreement exceeds$35,000.00, and if Grantee is acting on behalf of Department in its performance ofservices
under the Agreement,Grantee must allow public access to all documents,papers, letters,or other material,regardless
of the physical f6rrn,characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement(Public Records), unless the public Records are exempt from section 24(a)of'Article I of the Florida
C',onstitution or section 119.07(i),F.S.
b. The Department rnay unilaterally terminate the A),yreement if Grantee refuses to allow public access to Public Records
as required by law.
2, Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes ofthis paragraph, the term"contract"Means the"Agreenient," IfGrantee is a"contractor"as
defined in section 119.070](])(a), F.S.,the following provisions apply arid the contractor shall:
a. Keep arid maintain Public Records required by E)eparunent to perforni,the service.
b. Upon request, provide Department with as copy of requested Public Records or allow the public Records to be
inspected or copied within a reasonable time at a cost that does riot exceed the cost provided in Chapter 119, KS, or
as otherwise provided by law.
c. A contractor who falls to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, E&
d- E'nsure that Public Records that are exempt or confidential and exempt froul Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term arid following completion ofthe
contract if the contractor does not transfer the Public Records to Departnient.
e. Upon cornpletion of the,contract,transfer,at no cost,to Department all Public Records in possession of the contractor
or k.cep and maintain Public Records required by Department to perform the service, If the contractor transfers all
Public:Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public
Rec,ords that are exempt or confidential and exempt froin public Records diSCIOSLore requirements. If the contractor
keeps and maintains Public Records upon completion ofthe contract,the contractor shall rneet all applicable
requirernents for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of`Public Records, in a format specified by Department as compatible with
the infcrrnation technology systems offlepartnient. These formatting requirement's are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel,and any software formats the
contractor is authorized to access.
f'. IF711E CONTRACTOR HAS QUESTIONS RE(YARDIN("Jr THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DU'TY TO PROVIDE PIA31,1C
RECORDS RELATING TO THE C'ONTRACT, (.,'ONTACT 1-11E DEPARTMEM"S
CUSTODIAN OFPUBIAC RECORDS AT:
Telephone: (850) 245 2118
Email:
Mailing Address: Department of Environmental Protection
ATTN: Of of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of I
Rev.4/27/2018
3592
STATE OF FLORIDA
DEl"AR"I'MENTOF ENVIRONMENYAL PROTECIFION
Special Audit Requirenients
(State and Fedeml Financial Assistance)
Attachment 5
The administration of'resources awarded by the Department ofEnvironmemal Protection (which maY be rcj&rred to
as the "Department", "DEP", "FDE11"or "Grantor", or other name in the agreement)to tire recipient(which may be
rqli�rred to as the "Recipient", "Grantee"or other name in the agreement)may be SUbject to audits and/or inonitoring
by the Department of E'rivirorairental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirernents, and
Section 215,97, F.S., as revised (see "AUDITS" Wow), nionitoring procedures rnay include, but not be linlited to,
on-site visits by DEP Department staff, hinited scope audits as defined by 2 (J'°R 200.425,or other procedures. By
entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes
deeimd appropriate by the Department of U'rivironinental Protection. In the event the Department oI"Environmental
Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with arry
additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief.
Financial Officer(CFO)or Auditor General.
AUDITS
PART 1: FEDERALLY FUNDED
This part is applicable if the recipient is a Star(,,or local government or a rion-profit organization as defined in 2 CFR
§200.330
1 A recipient that expends$750,000 or mare in Federal awards in its fiscal year,n-rust have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F. EXI 11131T I to this
Attachment indicates Federal funds awarded through the Department ofErivirontnerital Protection by this
Agreement, In deternuning the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in CFR.200.502-501 An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will ineet the requirements of this part.
2. For the audit requirements addressed in Part 1,paragraph 1,the recipient shall fulfill the;requirements relative
to auditee responsibilities as provided in 2 CTR 200.508-512.
1 A recipient that expends less than$750,000 in federal awards in its fiscal year,is not required to have an audit
conducted in accordance with the provisions of 2 (T`R Part 200, Subpart F-A udit Requirements. If"the
recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of2 CFR 200, Subpart Fa-Audit Requirements,the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other federal entities.
T. The recipient may access inf6rn-ration regarding the Catalog or Federal Domestic Assistance(C'T'DA)via the
internet at mps' //smy hs ' ,vs
Attachment 5
1 of 7
13GS,DEP 55-215 revised 11/8/2022
3593
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT I to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance,including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2, In connection with the audit requirements addressed in Part 11,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes.This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial
assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section
215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
hl!]):Hwww..I(,"g,wl.,tLte,,.,fl,lts/Welcoi,ne/iiid(,,.X,,cfill, State of Florida's website at
Department of Financial Services' Website at f�ttl�://www.fl(,If',.,,.(,,oiIi/and the Auditor General's Websitc at
PART HI:OTHER AUDIT REQUIREMENTS
(NOTE': This part would be used to spec iA any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by federal or State laws
and is not in conflict with other P-ederal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange far audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by
or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by
2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address:
Attachment 5
2 of 7
BGS-DEP 55-215 revised 11/8/2022
3594
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at lit :/Jiarvestx gqy�fiLq�y&
ij? er ens gas_ I- -—_ ��__L_S
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directl to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
'1)L,P'�i I)q;.he At.t d-i t(qLd(j,L.s t gG,
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
(The Auditor General's website jtttjj.L/fj provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
IT-1 FT5 iJ100 tidi state.f 1,LIS
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
Attachment 5
3 of 7
BGS-DEP 55-215 revised 11/8/2022
3595
5. Recipients,when submitting financial reporting packages to the Departrnent oft nvironmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General,should
indicate tire date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PARTV: RECORD RETENTION
The recipient shall retain sufficient records dernonstrating its compliance with the terins of the award and this
Agreernent for-a period of five(5)years from the date the audit report is issued, and shall allow the Department of
EInvironniental Protection, cir its designee,Chief Financial Officer, or Auditor General access to such records upon
request.The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or, its designee, Chief Financial Officer,or,Auditor General upon request for a period of three(3)years
ftorn the date the audit report is issued,unless extended in writing by tire Department of Environmental protection.
Attachment 5
4 of 7
B(A-DEP 55-215 revised 11/8/2022
3596
..................................... .... .....................................................
.................. .............
.0
rya a,
V) 0 0
C�.U Q)
...................... ..............
------------—
ax
u
ar
03 re q)
vi
.................
E u E u
0 0
u
0 ca
Ll
ol
wCAAQ
...........
3597
",„� t;6°S c.. e� r��, `cei ",�. C✓7 a. °�" `"� Cd9 w., cc7 �a „m aJ Gr,G �i
raa ca.,�✓ �1..1 Y�.� �, za.CdJ C""K � ca sp er
cc
Garil
0 ` C' 0 �',,, `, a ""tea r
�a �:a
k2E Gab fN r CJ.C.
,4IR
.,
4a e.a
ZZ
.max .......
......,,.�...,. ......
El
ti.. Gf,Y .ra' P
GA 12 u"a as
Yr r'R 4:4 �
a ca K; a.
na ya CS va c, ea r.a
0.
ca as Tu
21 s^
Tl
' 'rsa `tea
Id
,
< r,4 14
�J
cd
a> pCy Ka n aj X. a
,, ... . _. ._... ..._._._..
......
as an r e a asya as ,a
tA
r Ul
x r�
a a`a as S ct q °y t
�, r as a as r���,
as az "r t+
Kai Gz a as '0 9
.._.....—- ---------_ ---------------
6 - w _ ^
s �aa "C "rur w �^ a "cz
as
°aa
tz
.....
3598
.2
Del
gy
3599
STATF OFF1,0RIDA
DEPAR'I'ME NI'OF'ENVIRONME,NI'Al,PROTECTION
PROGRAM-SPEXIIF"IC REQUIREMENTS
RESILIENTFLORIDA PROGRAM
ATTACHMEN'r 6
1 Sea.Level lrnp4�Lt. &q pursuant to
..................... If the proJect is within the designated area
Section 161.551, F.S. and Chapter 62S-7, h1orida Administralive (11 1 ode, the Grantee is responsible, for
performing a Sca Level Impact Prolection(SLIP)study an(]submitting the resulting repmt to tire Department,
The SLB1 study report must be received by tire Department,approved by the Department,and be published
on the Departinent's website for at least thirty (30)days before construction can comi n ence.Th is rule went
into effect July 1, 2021, and applies to certain state-funded construction projeets located in the coastal
building zone as defined in the rule.
2. Permits. The Grantee acknowledges that receipt ofthis grant does not imply nor guarantee that a federal,
state,or local Permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary
permits are obtained prior to iniplernentation of any grant-funded activity that rimy fall tinder applicable
federal, state,or local laws. Further,the Grantee shall abide by all terms and conditions of each applicable
permit for any grant-funded activity. Upon request, the Grantee must provide a copy of all acquired and
approved permits for the project.
3. Attachment 3, Grant Work_PI performance Measures. All deliverables and reports submitted to the
Department should be subruitted electronically arid must be compliant with the Americans with Disabilities
Act,also known as"508 Cbrnpliant,"in all formats provided,
4. Q�ppAri kits Parent arid Trademark. T'he Department reserves as royalty-free, nonexclusive, and irrevocable
license to reprodijcc,s,publish or otherwise rise,and to authorize others to Use,for state government purposes:
a. The copyright in any work developed tinder this Agreement;and
b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support.
5. Grant funds rnay not be used to support ongoing efforts to comply with legal requirements, including permit
conditions,mitigation,and settlement agreements.
6. h1rAj!jj!,_ Qjqee,With the exception of audiovisuals not intended for presentation to die general public that
are produced either as research instruments or for clocurneriting experimentation or findings(unless otherwise
required under the special terms ofthis Agreement),Grantee agrees to include the Departinerit's logo(which
can be found on the Department's website at: ht1ps,//flmJd,,1('I'eq)go v or by contacting the Grant g Manaer for
a copy)on all pubHeations,printed reports,maps,audiovisuals(including videos,slides,and websites), and
similar materials,as well as the following language:
"This work was funded in part through a grant agreement from the Florida Department off"'tivironmental
Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements,
findings, conclusions, and recommendations expressed herein are those of the author(s) and do riot
necessarily reflect the views of the State of Florida or any of its subagencies,"
The next printed line must identify the month and year of the publication.
7. 11 inalj3,LqjgoA Rgpqrt.The Grantee must submit Exhibit F,FirW Pro eel Report Forin,prior to requesting final
payrneric The f1rud Project Report may be submitted in lieu of the final quarterly status report, only in
instances where the next quarterly report falls alter the project's completion date.
Rev.2.9.23
Attachment 6
Page I of
3600
8. The Gyrantee must submit Exhibit G, Photo Release Forin, with the first submission of
deliverables and reports(Exhibit A and F)that include photos.
1
9. Contractual Services. For all grant agreements that include Contractual Services as air expenditure category,
the Grantee must subirfit Exhibit 11, Contractual Services C.ertification, and all required supporting
documentation for all contractors conducting work under the grant agreement, prior to requesting payment
that includes contractual services.
10. For all planning grant agreements(Resilient Florida Grant program and Regional
Resilience Entities), (lie Grantee must submit E'xhibit 1, Vulnerability Assesmnent C.'ornpliance C',heckfist
Certification,with the final grant deliver,able(s).
11. Q,C,wqp ic lnf'c7Ujj4tion,S Y-st associated pretadata. All GIS files and associated rnetadata
must adhere to tire Resilient Florida Prograrn's CHS Data Standards(finind on the Resilient Florida Prograrn
website:
standmds),and raw data sources shall be defined within the associated rnetadata.
12, State and l,oc.a.I.Fis(,al.R,ecoverv.Fui,nds.For all grant agreements funded with the Cloronavirus State and Local
...............
Fiscal Recovery Funds (SLF'R.F')tinder the American Rescue Plan Act,the(3rantee must submit the SLFRF
Reporting Requirements Form upon execution of the grant agreernent.
Rev.2,9.23
Attachment 6
Page 2 of 2
3601
Resilient Florida Program
Progress Report For
Exhibit A.
-__w_._.
➢ ;t ray rra rrtNo.:w w?2 �µ,fi (i W..._..�....W..W..W._ __ _�w__ _.ww.. ........w_ww
_
_._
Pr(.ect Title°.... City of Marathon`��u➢n rability Asse i-nent and Adaptation Plan
Grantee Name: City est"�✓laratfrcrrt _�..�..�...� .._._ . ..._....�_._...mm�.._.�_____--___._.............
_._..._. ._._._............._......................,.........�.........,.. a���.,:.. .......,_.__ ...._.._............._........... ._._............... _.,.,.,.,_..........................................._.__................ ..._..,. ,.,.,.,.,...._...........u.
_. .. ..........Grant�e,e:..Address:
.,
rarrtees Grant ...., ...... w...... ...._............... ......._..........................................................._._..........,-.............
................................................................._._._......... ................._
_M
ele
.__ , /ll / Y ww ✓IIiCly7l)/ 1
xlC"FIt l m provide the following information for all tasks and deliverables identifiedin
Attachment 3, ('',rant Work Plan- Description of' the work perfisrrned during the reporting period,
problems encountered, prohlern resolutions, scheduled updates, proposed work for- the next reporting
period,and percentage ofthe work that has been cornplet:ed to elate.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan,
the followipg mat should be followed:
'�l:"ask-I-
Progress fort is reporting period:
Identify any delays or problems encountered:
Percentage of task completed;
Task a
Progress for this reporting period:
Identify any delays or problems encountered:
Percentage of task completed:
_............. .............m__....... .....
Task ,
Progress for this reporting period:
Identify any delays or problems encountered:
Percentage of taste completed:
... ---..----------.. __m. .
--------
Task 4:
Progress for this reporting period:
Identify any delays or problems encountered:
Percentage of task completed:
This report is submitted in accordance with the reporting requirements of the alcove DEP
Agreement No. and accurately reflects the activities associated with the, project.
w, .. ._� _.._._..._ ....... . .
..........w. .ww....................-----------
Signature c�f'(rr�rrr tee,'s Grant Manager(or successor) late
Exhibit A,DE11 A reernent 71;22PLN65
1 of t
11/1"7/202 t
3602
STATE OFFILDRIDA
DEPARTMENTOF ENVIRONMENTAL PROTECTION
RES ILIENTFLORIDA GMANT PROGRAM
EXHIBITC
PAYMENTREQUEST SI..JMM.ARY FORM
The current Exhibit C, Payment Request Summai-y Form for, the Resilient Florida Program grant
agrcements can be f6und on the Department's website at the link below, Flach payment request mnst be
submitted on the curmnt ffirryi. The Department will nofigy gantees of"any substantial changes to Exhibit
C that occur during the gant agreement period.
hups://I
4n
Exhibit C, Page I of]
Rev. 12/02/19
3603
EXHIBIT IT
DEP AGREEMENT NO.22PLN65
CITY OF MARATHON VULNERABILITY ASSESSMENT AND ADAPTATION PLAN
City of Marathon
Final Project Report
t- vD E PA R p.
o
w�
uu
Q»
Insert Month&Year
This report is funded in part through a grant agreement from the Florida Department of Environmental Protection.
The views, statements,findings, conclusions, and recommendations expressed herein are those of the author(s)and
do not necessarily reflect the views of the State of Florida or any of its subagencies.
Exhibit F,DEP Agreement#22PLN65
Page 1
5/12/2022
3604
Part 1. Executive Summary
Part 11. Methodology
Part Ill,Outcome
Inclidde evaluation q1'l.)rqjec1's abiflti,,,to meet goals and expecledpe lbrmance nwasures,andprovide explanationfi.)r
vMy goals were not met, if qp)plieable. ldenlV succes.ful oul(,-opnes, areasfi)r improvement, and quantijiable rnetric,s
as a result of the prqject,
Part IV, Further Recommendations
Instructions for completing Attachment F Final Project Report Form:
DET AGREEMENT did .:This is the number on your grant agreement
GRAWEE NAME: Enter the narne of the grantee's agency.
PROJECTATFL,l!'.: Enter the title shown on the first page of the grant agreement.
MONTH&YEAW Enter month and year of publication
The final Project Report rnust contain the following sections: Executive Surnmary, Methodology, Outcome, and
F'urther Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreernent.Please limit the final project report to no more than five(5)pages.One electronic copy shall be submitted
to the Department's Grant Manager-for approval. Final payment will be held until receipt and approval of the Final
Project Report.
Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager,
identified in paragraph 18 of this agreement.
Exhibit F,DEP Agreernent 4 22PLN65
Page 2
5/12/2022
3605
01 PA ft, Florida Department of Environmental Protection
EXHIBIT G
4 0
0 PHOTOGRAPHER RELEASE FORM
QVTAI FOR PHOTOGRAPHS.VIDEOS.AUDIO RECORDINGS AND ARTWORKS
DEP AGREEMENT NO: 22PLN65
RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter's Name:
Address:
City: State: Zip:
Phone Number: Email:
License and Indemnification
I certify that I am the owner of the photograph(s),video(s),audio recording(s)and/or artwork(s)being submitted and
am eighteen(18)years of age or older.
I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to
distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the
"Work")to promote the Florida Department of Environmental Protection.Uses may include,but are not limited to:
1. Promotion of FDEP(including, but limited to publications,websites, social media venues, advertisements,
etc.);and
2. Distribution to the media;and
3. Use in commercial products.
The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate
by the Florida Department of Environmental Protection.No Work will be returned once submitted.
I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever
for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights
or other rights I may hold in such Work,and in no way shall be responsible for any losses I may suffer as a result of
any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other
individual or entity.
I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection,
its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in
connection with the Florida Department of Environmental Protection's use of the Work. This release and
indemnification shall be binding upon me,and my heirs,executors,administrators and assigns.
I have read and understand the terms of this release.
Owner signature: Date:
Photo/video/audio/artwoi-klrecording
file name(s):
Location of photo/video/audio
recording/artwork:
Name of person accepting Work submission
Exhibit G,DEP Agreement 11:22PLN65
11/19/2021 Page I of 1
3606
STATE OF F1,ORJDA
DEPARTMENTOF ENVIRONMENTAL PRO]"ECTION
RESILIENTFLORIDA GRANT PROGRAM
CONTRACTUAL SERVICES CERTIFICATION
Exhibit 11.
Re wire all grant agreements that include (.,ontractualServices as an expenditure category.
DL'.1-1 Agreement Number: 22PLN65
f1ro.ject Title: City of Marathon Vulnerability Assesstnet'it and Adaptation Plan
Grantee: City of Marathon
Prior to making a reqUest for payment of contractual services, the Grantee must provide tile
following to the Department Grant Manager then responsible lot-the Grantee's Resilient Florida
Grant Program grant agreement:
I, Documentation ofthe Grantee's procurement process, as consistent with Attachment
1, Paragraph 9(c) and Attachrrient 2, Paragraph 11;
2. A list of all subcontractor quote and/or bid amounts (as applicable), including the
company narne and address for each SUbcontractor.-
- deterniination(s) for the
3 An explanation of' how and Nvhy the Gr,antee. nnade theif
subcontractor(s) selected to perform certairt task(s) under the Grantee's relevant grant
agreement; and
4. This Exhibit 11, signed and dated by the Grantee's own (non-Departmental) grant
manager.
By signing below, I certit�, that, on behalf of the Grantee, I have provided all the infortriation
required by items 1. through 3. ofthis exhibit, as stated above, to the Department Grarit Manager
currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also
certify that the procurement process the Grantee utilized follows all or said Grantee's non-
Departmental policies and procedures for subcontractors.
............ ...............................--.-................--- --...... -----------------
Grantee's Grant Manager Signature
----------- --------
Print Name
....................................................... ..........................
Date
3607
STATE OF FLORIDA
DEPARTMENTOF ENV IRCAN MENTAI.., ITT OTEC"TION
RESILIENT FLORIDA GRANTPROGRAM
VULNERABILITY ASSESS MENT' COMP1,1ANCE CHECKLIST CERTIFICATION
Exhibit I
Requiredft)r all grant agreements.
DEP Agreement Number: 22PLN65
-1-1............................ ....................................
Project Title: City of Marathon Vulnerability Assessment and Adaptation Plan
.......... ..............................................
Grantee: Gity of Marathon
By signing this Vulnerability Assessment Compliance Checklist Certification (hereinafter "Checklist
C.ertification") the Grantee certifies that, upon execution of the Agreement, it will have reviewed the
statutory requirements for vulnerability asSeSSITietits in subsection 380.093(3), F'.S., and provided this
signed Checklist Certification to the Department,which gives the Department of Environmental Protection
(Department)partial assurance that any and all vulnerability assessments the Grantee may utilize for its
individual project will adhere to the relevant statutory requirements in Subsection 380.093(3), F'.S.,
regardless of the party actually completing the work(e.g., subcontractors).
To give the Department the remaining assurance it requires,the Grantee also certifies that it will deliver a
fully completed and signed Vulnerability Assessment Compliance Checklist to the Department,in the form
included in this exhibit, at a yet-to-be-determined time mutually agreed upon by both parties to this
Agreement but prior to close out of the Grantee's individual project. The completed Vulnerability
Assessment Compliance Checklist and this Checklist Certification will be joined and attached to the
Agreement together as a single"Exhibit U'
By signing below, I certify on behalf of the Grantee that the Grantee or its designee(s) will have reviewed
the Statutory requirements in subsection 380.093(3), F.S., prior to execution of the Agreement. I further
certify on behalf of the Grantee that,prior to close out of the grant,either myself or the Grantee's designated
grant manager will provide to the Department a Vulnerability Assessment Compliance Checklist form that
has been fully corripleted in the rrianner described in this Checklist Certification.
...............
Grantee's Grant Manager Signature
................................................................
Print Name
............----............................................. ..........................................
Date
Exhibit I
I of
Rev. 6/l/2022
3608
VIM: NE,RABILITY ASS III SSMENTCOMPLIANCE CHECKLIS '
In accordance with subsection 380.093(3),F.S.,the following components,scenarios,,data,and information
are required for a comprehensive Vulnerability Assesstrient (VA), The checklist must be completed and
Submitted with the final VA Report deliverable, pursuant to Attachment 3,Grant Work Plan. The Grantee
must abide by the Department's GI S Data Standards found on the Resilient Florida Program webpage at
the link below:
Q
�s ua n dTy�ld_s
Part I Subparagraph 380.093(3)(c)2.,F.S.
Hein (.,'heck if Page Reference
ID Include(] Item Description in VA Report
..............----------...................I................................................... ............................................................................................... ............. ...........Final Vulnerability Assessnient Report that provides details on
a D the results and conclusions, including illustrations via maps and
tables.
All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified
in the VA must be provided in the format consistent with the Department's GJS Data Standards
and include the followingfliree(.�)Jtellus:
................. -----------
(.3eospatial data in an electronic file format,
c GIS metadata.
......................................... ----------- --------------- ...............
List of critical assets for each jurisdiction, including regionally
significant assets, that are inipacted by flooding and sea level
d El rise. The list must be prioritized by area or immediate need an(]
..........._ identf� which flood sceriario el asset
___........- ...................... ... .....................I, ( ) -.... ...... --------- 1...............................
.Part 2---Subparagraphs 380.093(3)(d)L and 380.093(3)(d)2., F.S.
..........................._............... ................... .......................
Itern Check if Page Reference
ID Included Item Description in VA Report-,
I..��ab
............................... ........................................................ ...........
Peril of' Flood Compliance plan amendments developed that
c El address paragraph 163.3 178(2)(1), F.S., ifapplicable,
D Not applicable El Already in compliance
.......................................... ...... 11......... -------
f Depth of tidal flooding, including ftiture high tide flooding,
usin s S I ol n d
............... pub!j he a d,,p ,yid,e P�1.,��Irnent�
I'�,�,�l-l�'ll""I'll""I'll",'ll""I'll""II "I'l""I-11,�,,�,,�,�ll,�ll,�,.�l,'�,� _E�) 111111.11,111111, __��? .............................. .................
To the extent practicable, analysis geographically displays the
9 E.1 number of tidal flood days expected for each scenario and
............................................ ............ ............._p pir hor zon. I on
i___2�12_i_��...............................................................................................................................................................................................................
Depth of'current and future storm surge flooding using publicly
h El available NOAA or FEMA storm surge data,(check one)
El NO AA data U.) FEMA data
................ .....................
Initial storm Surge event equals or exceeds current 100year
Mood event,
.............
Higher fi-equency storm analyzed For exposure of a critical asset,
El WWI, but muslj.)��vide additional detail , 10..................... -—----- ......
Exhibit 1
2 of
Rev. 6/l/2022
3609
............................-............... - - .............
To the extent practicable, rainfall-induced flooding was
k E] considered using spatioternporal analysis or existing hydrologic
and hydraulic modeling results. (required if item e is not
----—--------------------------------------cpplicq-blO--—----------------------—------------------------------—----------------------
I El Future boundary conditions have been modified to consider sea
................ level rise and high-dde conditions ly
—... -__ �� (�P!IfTL . -- ...............................................
ara F] Depth of rainfall-induced flooding for 100-year storms and 500-
car storni event.�r°equ_iredy:ilemeisn)l, cp
110 the tent practicable, cornp e otmd flooding or th
as c,carralaiaaaaticraa of tidal,store-i surge,and rainfall-induced flooding,
................ .........
Part 3-Subparagraph 380.093(3)(d)3., F.S.
Item Check if Page Reference
ID Included Item Description in V.A Report
................................................................................................................................................................................................................................. .................................................................................(if as a Ilc a
bFe
0 All analyses performed in North Arnerican Vertical Daturn of'
1988.
. .............. .............---.................................. ...........
Includes at least two local sea level rise scenarios, which must
P F-1 include the 2017 NOAA intermediate-low and i rite rrned iate-
high sea level rise p
............. .Etlections. -- ------...........
q Includes at least two planning horizons, which must include
................. 'years 2040 and 2070.
-1-........... ........... .............
r LAilizes local sea level data that has been interpolated between
the two closest NOAA tide
...................................................................
Local, publicly available, sea level data was taken frorn one of
S the two closest NOAA tide gauges, which must be the gauge
with the highest Tyrean sea level (i/'so, provide Department
..................................................ger 0.........................................................................................................................................................................................................................
Identify the Florida municipalities that are included in this Vulnerability Assessment:
.............................. . ................................................................................ ........................................................................... .........................
................... ----------------- ---------------- --------------------
.............. ................ ..........---.......--l-l".........................---................ ............... .............
------------------- ------......................
.......................... ..................................... ............................................ ............................................................................---...................................................
......................... .......................................................................... .......................I................................................... ...................................................................................................................................................
------------ -------------------.........................................
............... ............................. ----------------- ..........................................................
------------ .................
..................... ............. .......................
Exhibit 1
3 of 4
Rev. 6/l/2022
3610
I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability
Assessment Compliance C',hecklist is true and accurate as of the date of the signature below.
__.-----------------------. -------
Cira�ntee's Grant,Manager Signature
...... ........ _.. _ ...._._........ __---..............
Print Nar ne
................................. .. .. ..........
Date
Exhibit
4 t:a f'4
Rev. 6/1/2022
3611