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2nd Amendment 03/20/2024 AMENDMENT NO.2 TO AGREEMENT NO.22PLN67 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Amendment to Agreement No. 22PLN67 (Agreement), as previously amended, is made by and between the Department of Environmental Protection(Department),an agency of the State of Florida,and Monroe County Board of County Commissioners(Grantee),on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Natural Resources Adaptation Plan(Project),effective March 28,2023; and, WHEREAS,the Grantee has requested a revision to the scope of work and a reallocation of the budget for the Project; and, WHEREAS,the Grantee has requested a 3-month extension of the Agreement to complete the tasks in the agreement; and, WHEREAS, the Department has requested an update to Attachment 2, Attachment 3, Attachment 6, and Exhibit H following updates from the Office of the General Counsel and Resilient Florida Program; and WHEREAS,other changes to the Agreement are necessary. NOW THEREFORE,the Department and Grantee hereby agree as follows: 1. Section 3. of the Standard Grant Agreement is hereby revised to change the Date of Expiration to September 30,2024.The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2. Attachment 2-A, Revised Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-B, Second Revised Special Terms and Conditions, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment 2-A shall hereinafter refer to Attachment 2-B, Second Revised Special Terms and Conditions. 3. Attachment 3-A, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-B, Second Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-A shall hereinafter refer to Attachment 3-B, Second Revised Grant Work Plan. 4. Attachment 6-A,Revised Program Specific Requirements,is hereby deleted in its entirety and replaced with Attachment 6-B,Second Revised Program Specific Requirements,as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 6-A shall hereinafter refer to Attachment 6-B, Second Revised Program Specific Requirements. 5. Exhibit H,Contractual Services Certification,is hereby deleted in its entirety and replaced with Exhibit H-1, Revised Contractual Services Certification,attached hereto and made a part of the Agreement.All references in the Agreement to Exhibit H, shall hereinafter refer to Exhibit H-1, Revised Contractual Services Certification. 6. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.22PLN67,Amendment No.2,Page 1 of 2 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. MONROE COUNTY BOARD OF COUNTY FLORIDA DEPARTMENT OF COMMISSIONERS ENVIRONMENTAL PROTECTION Audi rized Representative or Designee Secretary or Designee Kevin G.Wilson,Authorized Representative Alex Reed,Director Print Name and Title Print Name and Title Date:April 2, 2024 Date: 4/4/2024 List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description Attachment 2-13 Second Revised Special Terms and Conditions(3 pages) Attachment 3-13 Second Revised Grant Work Plan(3 pages) Attachment 6-13 Second Revised Program Specific Requirements(2 pages) Exhibit H-1 Revised Contractual Services Certification(1 page) Approved as to form and legal sufficiency: Monroe County Attorney's Office 3-8-2024 t DEP Agreement No. 22PLN67, Amendment No. 2,Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Second Revised Special Terms and Conditions AGREEMENT NO.22PLN67 ATTACHMENT 2-B These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1. Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Natural Resources Adaptation Plan. The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1,2021 and ends at the expiration of the agreement. b. Extensions. There are extensions available for this Project. c. Service Periods.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. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Categry ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. ® © Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Attachment 2-B 1 of 3 Rev.8/8/2023 Required Coverage. At all times during the Agreement the Grantee, at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department,its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident, $100,000 per person, and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.111(1)(a),Florida Statutes,the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier—Before contract execution,the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act,8 U.S.C. ss. 1101 et seq. The Attachment 2-B 2of3 Rev.8/8/2023 Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2-B 3 of 3 Rev.8/8/2023 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SECOND REVISED GRANT WORK PLAN AGREEMENT NO.22PLN67 ATTACHMENT 3-13 PROJECT TITLE: Monroe County Natural Resources Adaptation Plan PROJECT LOCATION: The Project is located in Monroe County, Florida. PROJECT DESCRIPTION: The Monroe County Board of County Commissioners(Grantee)will complete the Monroe County Natural Resources Adaptation Plan(Project)to update the 2015 Vulnerability Assessment(VA)pursuant to Section 380.093,Florida Statutes (F.S.) and develop a Natural Resources Adaptation Plan (AP). The Grantee will coordinate with local, state,and federal agencies on species management issues during development of the AP. TASKS AND DELIVERABLES: Task 1: Review Best Practices and Determine Annroach Description: The Grantee will develop a report to identify natural resource adaptations and approaches by conducting a review of the 2015 VA for cost-benefit analysis and to identify key local, state, and federal agencies for coordination efforts. Deliverables: The Grantee will provide the following: • 1.1: A final report (in one PDF document) outlining the approach and results of the 2015 VA research, including the cost-benefit analyses for nature-based solutions and best practices for natural resource resilience;and 1.2: A copy of all correspondence with local, state, and federal agencies, compiled into one PDF document. Task 2: A2encv Coordination Description: The Grantee will organize meetings with all local, state, and federal agencies necessary to complete the AP. Agencies responsible for the management of natural resources will be targeted; and include, but are not limited to, the following: Florida Keys National Marine Sanctuary, U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, and Florida Department of Environmental Protection. This Grantee will host a kick-off meeting followed by up to four(4) additional meetings(held either in person or virtually).The Grantee will prepare all social media notifications,meeting invitations,meeting materials,presentations, and graphics utilized during the meeting,as applicable. Deliverables: The Grantee will provide the following: • 2.1: List of agencies necessary to complete the AP, to include the name of the primary contact within each agency; • 2.2: Meeting agendas to include location, date, and time of meetings; • 2.3: Meeting sign-in sheets or virual attendance records with attendee names and affiliation (i.e. local stakeholders, resident,meeting member, local government staff); DEP Agreement No.: 22PLN67 Page 1 of 3 Rev. 1.17.24 • 2.4: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meetings (i.e. social media posts,public announcements,graphics),as applicable; • 2.5: A copy of the file or weblink of the video or audio recording from the meetings, if applicable; and • 2.6: Summary reports including attendee input and outcomes for each meeting, including but not limited to identified agency-based datasets of relevance and agency concerns. Task 3: Public Outreach Meetings Description: The Grantee will conduct public coordination meetings to present the results from the updated AP. The purpose of the meetings are to allow the public and other agencies to provide community-specific input on the results of the analyses and to reconsider methodologies and assumptions used in the analysis for refinement. Additionally, during this meeting, the Grantee will conduct exercises to encourage the public/stakeholders to prioritize focus areas of flooding, and the critical assets in preparation for the development of adaptation strategies and project development. Criteria should be established to guide the public's input for the selection of focus areas. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 3.1: Meeting agendas to include location, date, and time of meeting; • 3.2: Meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholders, residents, local government staff, • 3.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts,public announcements,graphics), as applicable; • 3.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable; and • 3.5: A summary report including attendee input and meeting outcomes,to include defining focus areas recommended by the community. Task 4: Adantation Plan with Cost-Benefit Analysis Description: The Grantee will complete an AP that is consistent with the Florida Adaptation Planning Guidebook and includes the following:assessment of adaptive capacities,prioritization of adaptation needs, identification of adaptation strategies, and a cost-benefit analysis. The AP will also include a list of prioritized projects for each asset class as defined in subsection 380.093(2), F.S., for consideration and implementation. Deliverables: The Grantee will provide the final AP. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Department's Grant Manager will review the deliverable(s)to verify that they meet the specifications in the Grant Work Plan and the task description,to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s)to the Grantee within thirty(30)calendar days.Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent(100%) DEP Agreement No.: 22PLN67 Page 2 of 3 Rev. 1.17.24 completion. A "full deliverable" is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task,all delivered to the Department at one hundred percent(100%)completion. An"incomplete deliverable"is defined as a deliverable for which one hundred percent(100%)completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s)listed within the task and the Department's approval provided by the Deliverable Acceptance Letter. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not 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 Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter;the Exhibit A,Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A,Progress Report Forms,have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the 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-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. Task Budget DEP Match Total Task Start Task Due No. Task Title Category Amount Amount Amount Date Date I Review Best Practices Contractual $15,000 $15,000 $30,000 7/l/2021 6/30/2024 and Determine Approach Services 2 Agency Coordination Contractual $22 000 $22,000 $44,000 7/l/2021 6/30/2024 Services Public Outreach Contractual 3 $12 000 $12 000 $24 000 7/1/2021 6/30/2024 Meetings Services 4 Adaptation Plan with Contractual $26,000 $26,000 $52,000 7/l/2021 6/30/2024 Cost-Benefit Analysis Services Total: $75,000 $75,000 $150,000 DEP Agreement No.: 22PLN67 Page 3 of 3 Rev. 1.17.24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SECOND REVISED PROGRAM-SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6-B 1. Sea Level Impact Projection Study Requirement. If a state-funded construction project is located within an area where a Sea Level Impact Protection(SLIP)study is required pursuant to the relevant Florida Statute(s. 161.551, Florida Statutes (F.S.), before July 1, 2024; s. 380.0937, F.S., beginning July 1, 2024, and thereafter),the Grantee is responsible for conducting such a SLIP study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and published on the Department's website for at least thirty (30)days before construction can commence. Upon submission to the Department, SLIP study reports must meet all relevant statutory requirements, as well as the then-current standards and criteria indicated in Chapter 62S-7,Florida Administrative Code. 2. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal, state, or local laws. Further,the Grantee shall abide by all terms and conditions of each applicable permit for any grant-funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 3. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as"508 Compliant,"in all formats provided. 4. Copght, Patent and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for state government purposes: a. The copyright in any work developed under this Agreement;and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 5. Grant funds may not be used to support ongoing efforts to comply with certain legal requirements or actions that were unanticipated, non-existent, or unknown to the Department at the time of this Agreement's execution,including regulatory and permit compliance requirements,non-compliance and citation fees,fees resulting from unanticipated permit conditions, settlement agreements, and compliance with formal or informal enforcement actions to resolve violations of applicable rules and statutes(including consent orders, Closed Without Official Enforcement agreements, and similar enforcement actions). Grant funds may be utilized to support ongoing efforts to comply with permit-required conditions, as approved by the Resilient Florida Program(e.g.,pre-,during-,and post-construction monitoring and mitigation efforts). 6. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings(unless otherwise required under the special terms of this Agreement),Grantee agrees to include the Department's logo(which can be found on the Department's website at: https://floridado._gov or by contacting the Grant Manager for a copy)on all publications,printed reports,maps, audiovisuals(including videos, slides, and websites), and similar materials, as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, Rev. 2.1.24 Attachment 6-B Page 1 of 2 findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the month and year of the publication. 7. Final Project Report. The Grantee must submit Exhibit F,Final Project Report Form,prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. 8. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports(Exhibit A and F)that include photos. 9. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category, the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement,prior to requesting payment that includes contractual services. 10. Vulnerability Assessments.For all Planning grant agreements(Resilient Florida Grant Program and Regional Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist Certification,with the final grant deliverable(s). 11. Geographic Information System (GIS)files and associated metadata. All GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards(found on the Resilient Florida Program website: https://floridade rod v/rcp/resilient-florida-pram/documents/resilient-florida-program-gis-data- standards),and raw data sources shall be defined within the associated metadata. 12. State and Local Fiscal Recovery Funds.For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds(SLFRF)under the American Rescue Plan Act,the Grantee must submit the SURF Reporting Requirements Form upon execution of the grant agreement. Rev. 2.1.24 Attachment 6-B Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM REVISED CONTRACTUAL SERVICES CERTIFICATION Exhibit H-1 Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22PLN67 Project Title: Monroe County Natural Resources Adaptation Plan Grantee: Monroe County Board of County Commissioners Subcontractor: Note: Submit separate Exhibit H Certification for each additional subcontractor. Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; 4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non- Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Rev.1.4.2024