HomeMy Public PortalAbout2023-36 Accepting a Florida Department of Environmental Protection (FDEP) Resilient Florida GrantRE S O L U T IO N N O . 20 23 -3 6
A RE S O L U T IO N O F T H E V IL L A G E C O UN C IL O F T H E
V IL L A G E O F K E Y B IS C A Y N E , F L O RI D A , A C C E P T IN G A
F L O RI D A D E P A R T M E N T O F E N V IR O N M E N T A L
P R O T E C T IO N (F D E P ) RE S IL IE N T F L O RI D A G RA N T IN
A N A M O U N T O F $3 3 0 ,0 0 0 T O U P D A T E T H E V IL L A G E
V U L N E RA B IL IT Y A S S E S S M E N T RE P O R T A N D
A P P R O V IN G A N A G R E E M E N T RE L A T E D T O T H E S A M E ;
P R O V ID IN G F O R A U T H O RI Z A T IO N ; A N D P R O V ID IN G
F O R A N E F F E C T IV E D A T E .
W H E RE A S , the Village of Key Biscayne ("Village") desires to update its existing
Vulnerability Assessment Report (the "Report"); and
WHEREAS, the Report will identify all community assets and assess their vulnerability
to various hazards, including sea level rise, floods, and storm surges, among other hazardous
scenarios; and
WHEREAS, the Florida Department of Environmental Protection ("FDEP") has awarded
the Village a Resilient Florida Grant (the "Grant") in an amount of $330,000 to update the
Report; and
WHEREAS, the Village desires to accept the Grant and enter into the Grant Agreement,
in substantially the form attached hereto as Exhibit "A," (the "Agreement"); and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Page 1 of2
Section 2. Acceptance and Approval. That the Village Council hereby accepts the
Grant in an amount of $330,000 from FDEP and approves the Agreement in substantially the form
attached hereto as Exhibit ··A."
Section 3. Authorization. That the Village Council hereby authorize the Village
Manager to execute the Agreement. in substantially the form attached hereto as Exhibit ··A."
subject to the Village Attorney's approval as to form , content. and legal sufficiency.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 18th day of --=-J-=ul=.<----------· 2023.
ATTEST:
~Jl~b cx.h JOCE,YN B.CI ~ I
VILLAGE CLERK
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 2 of2
E x h ib it A
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes:
1. Project Title (Project): Agreement Number:
Vill age of K ey Bi scayne V ulnerabili ty Assessm ent Update 23PLN86
2. Parties State of Florida Department of Environm ental Protection,
3900 Com m onwealth Boulevard
Tallahassee, Florida 32399-3000 (Department)
Grantee Name: Vill age of K ey Biscayne
G t Add 88 West McIntyre Street, Suite 210
ran ee ress: Key Biscayne, FL 33149
Entity Type: Local Govern ment
FEID: 65-0291811
Grantee
3. Agreement Begin Date:
7/1/2022
Date of Expiration:
6/30/2 025
4. Project Number:
(ff different fro m Agreem ent Number)
Project Location(s): Village of Key Biscayne
Project Description: The project will conduct a comprehensive Vulnerability Assessment update pursuant to Section 380.093, Florida Statutes, for the
Village of Key Biscayne.
5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per Source(s):
$ 330,000.00 0 State !Federal FY 22-23 GAA 177 6 $ 330,000.00
D State !Federal $
D Grantee Match $
Total Amount of Funding+ Grantee Match, if any: $ 330,000.00
6. Department's Grant Manager
Name: Andrea Pelton
Grantee's Grant Manager
Name: Colleen Bl ank
or successor or successor
Address: Resili ent Florida Program
2600 Blair Stone Road, M S235
Address: Vill age of K ey Biscayne
88 W est M cI nty re Street, Suite 210
Tallahassee, Florida 32399 Key Biscayne, FL 33149
Phone: 850-245-2186
Email: Andrea.Pelton@ FloridaD EP.gov
Phone: 305-365-8948
Email: cblank@ keybiscayne.fl.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
db f incorporate ,y re erence:
0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
0 Attachment 2: Special Terms and Conditions
0 Attachment 3: Grant Work Plan
0 Attachment 4: Public Records Requirements
0 Attachment 5: Special Audit Requirements
0 Attachment 6: Program-Specific Requirements
D Attachment 7: Grant Award Terms (Federal) *C opy available at httn s://,fa cts,fldfs.com , in accordance w ith §215.985, F.S.
D Attachment 8: Federal Regulations and Terms (Federal)
D Additional Attachments (if necessary):
0 Exhibit A: Progress Report Form
D Exhibit B: Property Reporting Form
0 Exhibit C: Payment Request Summary Form
D Exhibit D: Quality Assurance Requirements
D Exhibit E: Advance Payment Terms and Interest Earned Memo
D Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808
0 Additional Exhibits (if necessary): Exhibit F: Final Report Form, Exhibit G: Photographer Release Form, Exhibit H: Contractual Services Certification, Exhibit I:
Vulnerability Assessment Compliance Checklist Certification
DEP Agreem ent No. 23PLN86
Rev. I 0/18/22
8. I The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1):
Federal Award Identification Number(s) (FAIN):
Federal A ward Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? 0 Y.:s 0N/A
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below, whichever is later.
Village of Key Biscayne GRANTEE
By
(Authorized Signature) Date Signed
Steven C. Williamson, Village Manager
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee
Alex Reed, Director of the Office of Resilience and Coastal Protection
Date Signed
Print Name and Title of Person Signing
0 Additional signatures attached on separate page.
DEP Agreement No. 23PLN86
Rev. 10/18/22
ORCP Additional Signatures
Grantee may add additional signatures below, if needed.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
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
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
11. Attachments other than Attachment I, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment I, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the patties' Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other patty and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(I) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement; and/or
( 4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
( 4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
Attachment 1
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4. D eli verables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Perfo rm ance M easu res.
The Grantee warrants that: ( l) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; ( 4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. A cceptance of D eliverab les.
a. Acceptance Process. All deliverables 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 days ofreceipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. F inanci al C onsequences fo r N onperfo rm ance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by l % for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days.
1. 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 a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten ( 10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
A tt achm ent 1
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R ev. 11/14/2022
req u ire ad d itio n a l o r furth er rem ed ia l step s, o r to term in ate th is A g reem en t fo r fa ilur e to p erfo rm .
N o actio n s ap p ro v ed by D ep a rt m en t or step s tak en by G ra ntee sh a ll p recl u d e D ep a rt m en t fr o m
su b seq u en tl y assert in g an y defi c ien cie s in perfo rm an ce. T h e G ra n tee sh a ll co n tin u e to im p le m en t
th e C A P un til all defi c ien c ies are co rrected . R ep o rt s o n th e p ro g ress o f th e C A P w ill be m a d e to
D ep a rt m en t as req u ested by D ep a rt m en t's G ra nt M an ag er.
iii. F a ilu re to resp o n d to a D ep artm en t req u est fo r a C A P or fa ilu re to co rrect a de fi c ien cy in th e
perfo rm a n ce of th e A g reem en t as sp ec ifi ed by D ep a rtm en t m a y resu lt in term in a tio n o f th e
A g reem en t.
8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address:
,https :11,www .my"£!0ridacfo ;00m/Division/,A.NManuals1/ documentS'f.ReferenceGuidef0t'StateExpenditures.pdf.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Interim Payments. 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. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
1. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
www .mylfl0ridacfo.com!Divisiom' AA!V endors/default.htm,
j. Refund of Payments to the Department. 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
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
Attachment 1
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a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). 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 multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 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, impose this requirement, in writing, on its subcontractors.
1. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
11. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section I I 2.06 I,
F.S.
e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing
$5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department
shall 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. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Attachment 1
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Rev. 11/1 4/2022
D escrip tio n s, B o u n d ary M ap s, A creag e C ert ifi c atio n , T itle Search R ep o rts, T itle In su ra n ce, C lo sin g
Statem en ts/D o cu m e n ts, D eed s, L ea ses, E a sem en ts, L icen se A g reem en ts, or o th er leg a l in stru m en t d o cu m en tin g
acq u ired pro p ert y in terest an d /o r rig h ts. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty (30) days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms 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 perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees 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. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof oflnsurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten ( 10) days after the cancellation of coverage.
e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience, When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
Attachment 1
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b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of D efa ult.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. 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 of the date of receipt of the default
notice.
15. E vents of D efa ult.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
1. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period, Grantee (including its receiveror trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
1. Entry of an order for relief under Title 11 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
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1v . A n a c tio n b y G ra n te e u n d e r a n y sta te in so lv e n c y o r sim ila r la w fo r th e p u rp o se o f its b a n k ru p tcy ,
re o r g a n iz a tio n , o r liq u id a tio n .
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform ifneither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either ( 1) within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE 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 damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
1. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: ( 1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28, F .S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
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d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Lim itation of Li abili ty.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000.
20. Rem edies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. W aiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Em ploym ent and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
1. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; 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 under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, F .S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
11. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; 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 contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
111. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
1v. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity, at (850) 487-0915.
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23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
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. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States-this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the 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 United States-this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor 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 287.135, F.S., the Department may immediately terminate this Agreement at its sole
option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott oflsrael during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Section 287 .135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8), F.S., iffederal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
26. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section
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287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S.
27. R ecord K eeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five (5) years following the completion date or termination 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 Department's Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of: (I) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dos.myflorida.com/library-archives/records-management/general-records•schedulesh).
28. A ud its.
a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub-grantees and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
1. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
Ill. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy ofExhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
https:~fapps~fldfs .comsfsaa,
d. Proof of Transactions. 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 guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for 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 Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
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i. If D epart m ent fi nd s that these fu nds have been com m ingled , D epart m ent shall have the rig ht to
dem and a refu nd, either in w ho le or in part , of the fu nds pro vided to G ra ntee under this A g reem ent
fo r no n-com p liance w ith the m aterial term s of this A greem ent. T he G ra ntee, upon such w ritt en
notifi catio n fr om D epartm ent shall refu nd, and shall fo rthw ith pay to D epart m ent, the am o un t of
m o ney dem anded by D epart m ent. Interest on any refu n d shall be calc ulated based on the prevailin g
ra te used by the State B o ard of A dm in istra tio n . In terest shall be calculated fr om the date(s) the
orig inal paym ent(s) are received fr om D epart m ent by G ra ntee to the date repaym ent is m ade by
G ra ntee to D epart m ent.
ii. In the event that the G ra ntee recovers costs, incurred under this A greem ent and reim bur sed by
D epart m ent, fr om another sour ce(s), G ra ntee shall reim burse D epart m ent fo r all recovered fu nds
orig inally pro v ided un der this A g reem ent and interest shall be charged fo r tho se recovered costs as
calcu lated on fr om the date(s) the paym ent(s) are recovered by G ra ntee to the date repaym ent is
m ade to D epart m ent.
111. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
29. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
30. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
31. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred 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 not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
32. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes offulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
33. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
34. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
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Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
35. Severabili ty.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
36. G rantee's E m p loyees, Subcontractors and A gents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
37. A ssignm ent.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
38. C om p ensation R eport.
If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout.
The Grantee must also 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. E xecution in C ounterparts and A uthority 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.
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ST A TE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. 23PLN86
ATTACHMENT 2
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 Village of Key Biscayne Vulnerability Assessment Update. The Project
is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement.
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 Category
! ! Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
! ! a. Fringe Benefits, NI A.
! ! b. Indirect Costs, NI 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 pm1 of the Grantee under this Agreement.
8. Insurance Requirements
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
Attachment 2
1 of3
Rev. 05/15/2023
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 offi cers 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. Q uality A ssurance R equirem ents.
There are no special Quality Assurance requirements under this Agreement.
10 . R etainage.
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
perform ed under this Agreement.
12. State-ow ned Land .
The work will not be performed on State-owned land.
13. O ffi ce of P oli cy and Budget R eport ing.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. C om m on C arrier.
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 (l)(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. I 101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
A tt achm ent 2
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R ev. 05/1 5/2023
1 ~- Additional Terms.
Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is
completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence
(e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed
its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the 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
3 of3
Rev. 05/15/2023
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
AGREEMENT NO. 23PLN86
ATTACHMENT 3
PROJECT TITLE: Village of Key Biscayne Vulnerability Assessment Update
PROJECT LOCATION: The Project is located in Village of Key Biscayne within Miami-Dade County,
Florida.
PROJECT DESCRIPTION:
The Village of Key Biscayne (Grantee) will complete the Village of Key Biscayne Vulnerability
Assessment Update (Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to
Section 380.093, Florida Statutes (F.S.) as well as assign focus areas. The Project will include public
outreach and stakeholder engagement.
TASKS AND DELIVERABLES:
Task 1: Kick Off Meeting
Description: The Grantee will develop an overall project management plan and address initial actions and
then conduct a kick-off meeting for the project. Meeting attendees should discuss the project scope, project
goals, schedule, key milestones, and deliverables in order to develop a consistent project approach.
Deliverables: The Grantee will provide the following: I) meeting agenda to include location, date, and
time of meeting; 2) meeting sign-in sheets or attendance records with attendee names and affiliation; 3) a
copy of the presentation(s) and any materials created for distribution at the meeting, as applicable; 4) kick
off meeting minutes, which documents all decisions and agreed upon outcomes of the meeting
Task 2: Public Outreach Meeting #1
Description: The Grantee will conduct two public outreach meetings during the project. The purpose of
the first meeting is to allow the public to provide input during the initial data collection stages, to include
input on preferred methodologies, data for analyzing potential sea level rise impacts and/or flooding,
guiding factors to consider, and critical assets important to the community. 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: I) meeting agendas to include location, date, and
time of meeting; 2) meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder,
resident, steering committee member, local government staff); 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; 4) a copy of the file or weblink of the video or audio recording
from the meeting, if applicable; and 5) a summary report including attendee input and meeting outcomes.
Task 3: Acquire Background Data
Description: The Grantee will research and compile the data needed to perform the VA based on the
requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a
DEP Agreement No.: 23PLN86
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Rev. 2.11.22
VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario-related
data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs
380.093(2)(a)l-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's
GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Sea
level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA)
intermediate-high and intermediate-low projections for 2040 and 2070, at a minimum. Other projections
can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return
period (1 % annual chance) flood event. In the process of researching background data, the Grantee shall
identify data gaps, where missing data or low-quality information may limit the VA's extent or reduce the
accuracy of the results. The Grantee shall rectify any gaps of necessary data.
Deliverables: The Grantee will provide the following: 1) a technical report to outline the data compiled
and findings of the gap analysis; 2) a summary report to include recommendations to address the identified
data gaps and actions taken to rectify them, if applicable; and 3) GIS files with appropriate metadata of the
data compiled, to include locations of critical assets owned or maintained by the Grantee as well as
regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a) 1-4, F.S.
Task 4: Exposure Analysis
Description: 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 the following data: tidal flooding, current and future storm surge flooding,
rainfall-induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards
used for the exposure analysis shall be pursuant to s. 380.093, F.S. GlS files and associated metadata must
adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be
defined within the associated metadata.
Deliverables: The Grantee will provide the following: 1) a draft Vulnerability Assessment report that
provides details on the modeling process, type of models utilized, and resulting tables and maps illustrating
flood depths for each flood scenario; and 2) GIS files with results of the exposure analysis for each flood
scenario as well as the appropriate metadata that identifies the methods used to create the flood layers.
Task 5: Sensitivity Analysis
Description: 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 in the Acquire
Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity
on each asset class and at each flood scenario and assign a risk level based on percentages of land area
inundated and number of critical assets affected.
Deliverables: The Grantee will provide the following: 1) an updated draft Vulnerability Assessment report
that provides details on the findings of the exposure analysis and the sensitivity analysis, and includes visual
presentation of the data via maps and tables, based on the statutorily-required scenarios and standards; and
2) an initial list of critical and regionally significant assets that are impacted by flooding. The list of critical
and regionally significant assets must be prioritized by area or immediate need and must identify which
flood scenario(s) impacts each asset.
Task 6: Identify Focus Areas
Description: The Grantee will identify focus areas based on the results of the second public outreach
meeting and input from the steering committee, following the guidelines in Chapter 2 of the Florida
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Rev.2.11.22
A d a p t a t io n P la n n in g G u id e b o o k, B a s e d o n th e e x p o s u r e a n d se n s itiv ity a n a ly s e s , th e G ra n te e m a y a s s ig n
fo c u s a r e a s t o lo c a t io n s o r a s s e t s th a t a r e p a rt ic u la r ly v u ln e ra b le a n d r e q u ir e th e d e v e lo p m e n t o f a d a p ta tio n
s t ra te g ie s . GI S fi le s a n d a s s o c ia te d m e ta d a ta m u s t a d h e r e to th e R e s ili e n t Fl o rid a P ro g ra m 's GI S D a ta
S t a n d a r d s (E xh ib it 1), and raw data sources shall be defined within the associated metadata.
Deliverables: The Grantee will provide the following: 1) a report summarizing the areas identified as focus
areas, with justification for choosing each area; 2) tables listing each focus area with any critical assets that
are contained inside the focus area; 3) maps illustrating the location of each focus area compared to the
location of all critical assets within the geographic extent of the study; and 4) GlS files and associated
metadata illustrating geographic boundaries of the identified focus areas.
Task 7: Final Vulnerability Assessment Report, Maps, and Tables
Description: The Grantee will finalize the Vulnerability Assessment (VA) report pursuant to the
requirements ins. 380.093, F.S., and based upon the public outreach efforts. The final VA must include all
results from the exposure and sensitivity analyses, as well as a summary of identified risks and assigned
focus areas. 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. GlS files and
associated metadata must adhere to the Resilient Florida Program's GlS Data Standards (Exhibit 1), and
raw data sources shall be defined within the associated metadata.
Deliverables: The Grantee will provide the following: 1) Final Vulnerability Assessment Report that
provides details on the results and conclusions, including illustrations via maps and tables, based on the
statutorily-required scenarios and standards in s. 380.093, F.S.; 2) a final list of critical and regionally
significant assets that are impacted by flooding. The list of critical and regionally significant assets must be
prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset.; 3) all
electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include
the geospatial data in an electronic file format and GlS metadata; and 4) a signed Vulnerability Assessment
Compliance Checklist Certification.
Task 8: Public Presentation
Description: The Grantee will present the final VA results to the local governing board. The purpose of
the presentation is to share the findings from the final VA and provide recommendations of actions for
adaptation strategies and future project funding. The presentation will also inform the public of the results
and the future risk of sea level rise and increased flooding and encourage community participation when
identifying mitigation strategies to address the flooding vulnerabilities. The Grantee will prepare all
meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as
applicable.
Deliverables: The Grantee will provide the following: I) meeting agendas to include location, date, and
time of meeting; 2) meeting sign-in sheets with Council member names; 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; 4) a copy of the file or web link of the video or audio recording
from the meeting, if applicable; and 5) a summary report including attendee input and meeting outcomes.
Task 9: Public Outreach Meeting #2
Description: The Grantee will conduct a second public meeting to present the results from the exposure
analysis, sensitivity analysis, and draft Vulnerability Assessment. The purpose of the second meeting is to
DEP Agreement No.: 23PLN86
Page 3 of5
Rev. 2.11.22
allow the public 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 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: I) meeting agendas to include location, date, and
time of meeting; 2) meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder,
resident, steering committee member, local government staff); 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; 4) a copy of the file or we blink of the video or audio recording
from the meeting, if applicable; and 5) a summary report including attendee input and meeting outcomes,
to include defining focus areas recommended by the community.
PERFORM ANCE MEASURES: The Grantee will submit all deliverables for each task to the
Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Grantee
must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every
deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for
a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the
specifications in the Grant Work Plan and the task description, to include any work being performed by any
subcontractor(s). Upon review and written acceptance by the Department's Grant Manager of deliverables
under the task, the Grantee may proceed with payment request submittal.
CONSEQUENCES FOR NON-PERFORM ANCE: For each task deliverable not received by the
Department at one hundred percent ( I 00%) 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 completion of a task, the Grantee
may submit a payment request for cost reimbursement 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
request period, and Exhibit C. Upon the Department's receipt of Exhibit A and C, along with all supporting
fiscal documentation and deliverables, 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 Task Title Budget DEP Match Total Task Start Task Due
No. Category Amount Amount Amount Date Date
I Kick Off Meeting Contractual $20,000 $0 $20,000 7/1/2022 3/31/2025 Services
DEP Agreement No.: 23PLN86
Page 4 of5
Rev. 2.11.22
2 Public Outreach Contractual $20,000 $0 $20,000 7/1/2022 3/31/2025 Meeting #1 Services
3 Acquire Background Contractual $40,000 $0 $40,000 7/1/2022 3/31/2025 Data Services
4 Exposure Analysis Contractual $50,000 $0 $50,000 7/1/2022 3/31/2025 Services
5 Sensitivity Analysis Contractual $50,000 $0 $50,000 7/1/2022 3/31/2025 Services
6 Identify Focus Areas Contractual $80,000 $0 $80,000 7/1/2022 3/31/2025 Services
7 Final VA Report Contractual $40,000 $0 $40,000 7/1/2022 3/31/2025 Services
8 Public Presentation Contractual $10,000 $0 $10,000 7/1/2022 3/31/2025 Services
9 Public Outreach Contractual $20,0000 $0 $20,0000 7/1/2022 3/31/2025 Meeting #2 Services
Total: $330,000 $0 $330,000
DEP Agreement No.: 23PLN86
Page 5 of 5
Rev. 2.11.22
ST A T E O F F L O R ID A
D E P A R T M E N T O F E NV IR O N M E N T A L P R O T E C TI O N
P u b lic R ecords R eq u irem ents
A tt ach m ent 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalfofDepartment in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section l 19.070l(l)(a), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. lfthe contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services@floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of 1
Rev. 4/27/2018
S T A T E O F F L O R I D A
D E P A R T M E N T O F E NV I R O N M E N T A L P R O T E C TI O N
S p e c ia l A u d it R e q u ir e m e n t s
(S t a t e a n d F e d e r a l F in a n ci a l A s s is ta n c e )
A tt a c h m e n t 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUD ITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program
specific audit conducted in accordance with the provisions of2 CFR Part 200, Subpart F. EXHIBIT 1 to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at https://sam.gov/content/assistance-listings.
Attachment 5
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B G S-D E P 55-215 revised 11/8/2022
P A R T II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. ln 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 I 0.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHI BIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http:1//www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com1/and the Auditor General's Website at
http :if /www .myfloriifa.comfaudgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State aw arding entity
that are solely a matter of that State aw arding entity's policy (i.e., the audit is not required by Federal or State law s
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215. 97 (8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 2 I 5. 97, Florida Statutes. in such an event, the State aw arding 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 1 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 §200.50l(a) (the number of copies required by
2 CFR §200.50l(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5
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BGS-DEP 55-215 revised 11/8/2022
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data E ntry System which can
be found at http://harv ester.census.gov/facweb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Di rector
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@ dep.state.fl.us
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (http://flauditor.gov0 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:
FDEPSingl'eAudit@ dep.state.fl.us.
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 of7
B G S-D E P 55-2 15 revised 11/8/20 22
5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5
4of7
BGS-DEP 55-215 revised I 1/8/2022
E XH IB IT -1
FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note: If the resources aw arded to the recipient represent more than one federal program, provide the same information shown below for each federal program
Federal Resources Awarded to the R ecipient Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
A Federal Agency Number CFDA Title Funding Amount Category
$
Federal State
Program CFDA Appropriation
B Federal Agency Number CFDA Title Funding Amount Category
$
Note: Of the resources aw arded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in
the same manner as shown below:
Federal
Program First Compliance requirement: i.e.: (what services of purposes resources must be used for)
A
Second Compliance requirement: i.e.xeligibility requirement for recipients of the resources)
Etc.
Etc.
Federal
Program First Compliance requirement: i.e.: (what services of purposes resources must be used for)
B
Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)
Etc.
Etc.
Attachm ent 5, Exhibit 1
5 of7
BGS-DEP 55-215
Revised 7/2019
Note: If the resources aw arded to the recipient for matching represent more than one federal program, provide the same information shown below for each
federal program and show total state resources awardedfor matching.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matchinz Resources for Federal Programs:
Federal State
Program Appropriation
A Federal Agency CFDA CFDA Title FundingA mount Category
Federal State
Program Appropriation
_B Federal Agency CFDA CFDA Title Funding Amount Category
Note: If the resources aw arded to the recipient represent more than one state project, provide the same information shown below for each state project and show
l state financial assistance aw arded that is subject to section 215.97, F.S
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State CSFA Title State
Program State CSFA or Appropriation
A State Awarding Agency Fiscal Year' Number Funding Source Description Funding Amount Category
O riginal Fl orida Department of 22/23 37.098 Resilient Florida Programs $330,000.00 140078 Aw ard Enviro nm ental Protection
State CSFA Title State
Program State CSFA or Appropriation
B State Awarding Agency Fiscal Y ear2 Number Funding Source Description Funding Amount Category
Total Award I $330,000
Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department
for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different
requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category.
For each pro gram identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http s:L/sam .gov/content/assistan ce-listings l and/or the Florida Catalog of State Financial Assistance ( CSF A) [http s://apps.fldfs.com/fsaa/searchCatalog.aspx ], and
State Projects Com pliance Supplem ent (Part Fo ur: State Projects Compliance Supplement [https://apps.fldfs.com/.fsaa/state proiect compliance.aspx]. The
1 Subject to change by Change Order.
2 Subject to change by Change Order.
Attachment 5, Exhibit 1
6of7
B G S-D EP SS-215
R evised 7/2019
services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated
in the Agreement.
Attachment 5, Exhibit 1
7 of7
BGS-DEP 55-215
Revised 7/2019
S T A T E O F F L O R ID A
D E P A R T M E N T O F E N V IR O N M E N T A L P R O T E C TI O N
P R O G RA M -S P E C IF IC R E Q UI R E M E N T S
R E S ILI E N T F L O R ID A P R O G RA M
A T T A C H M E N T 6
1. Sea Level Impact Projection Study Requirement. If the project is within the designated area, pursuant to
Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for
performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department.
The SLIP study report must be received by the Department, approved by the Department, and be published
on the Department's website for at least thirty (30) days before construction can commence. This rule went
into effect July 1, 2021, and applies to certain state-funded construction projects located in the coastal
building zone as defined in the rule.
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. Copyright, 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 legal requirements, including permit
conditions, mitigation, and settlement agreements.
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,//floridadep.gov or by contacting the Grant Manager for
a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and
similar materials, as well as the following language:
"This work was funded in part through a grant agreement from the Florida Department of Environmental
Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements,
findings, conclusions, and recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views of the State of Florida or any of its subagencies."
The next printed line must identify the 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.
Rev. 2.9.21
Attachment 6
Page 1 of2
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://floridadep.gov/rcp/resilient-florida-prograrn/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. Fo r all grant agreements funded with the Coronavirus State and Local
Fiscal Recovery Funds (SLFRF ) under the American Rescue Plan Act, the Grantee must submit the SLFRF
Reporting Requirements Form upon execution of the grant agreement.
Rev. 2.9.23
Attachment 6
Page 2 of2
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT A
PROGRESS REPORT FORM
The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be
found on the Department's website at the link below. Each payment request must be submitted on the
current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during
the grant agreement period.
https:Nfloridadep.gov/Resilient-Florida-Program/Grants
Exhibit A, Page 1 of 1
Rev. 1/13/2023
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant
agreements can be found on the Department's website at the link below. Each payment request must be
submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit
C that occur during the grant agreement period.
https:Nfloridadep.gov/Resi1ient-Florida-ProgramtGrants·
Exhibit C, Page 1 of 1
R ev. 12/02/19
EXHIBIT F
DEP AGREEMENT NO. 23PLN86
VILLAGE OF KEY BISCAYNE VULNERABILITY ASSESSMENT UPDATE
Village of Key Biscayne
Final Project Report
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.
Part I. Executive Summary
Exhibit F, DEP Agreement# 23PLN86
Page I
5/12/2022
Part II . M ethodology
Part II I. Outcom e
Include evaluation of project's ability to meet goals and expected performance measures and provide explanation for
why goals were not met, if applicable. Identify successful outcomes, areas for improvement, and quantifiable metrics
as a result of the project.
Part IV . Further R ecom m endations
In structions fo r com pleting Attachm ent F Final Project Report Form:
DEP AGRE EME NT NO.: This is the number on your grant agreement.
GRA NTEE NAME : Enter the name of the grantee's agency.
PROJECT TITLE: Enter the title shown on the first page of the grant agreement.
MONTH & YE AR: Enter month and year of publication
The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and
Further Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted
to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final
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 Agreement# 23PLN86
Page 2
5/12/2022
Florida Department of Environmental Protection
EXHIBITG
PHOTOGRAPHER RELEASE FORM
FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
DEP AGREEMENT NO: 23PLN86
RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter's Name:
Address:
City: State: -----------------
Phone Number:
__________ Zip:
Email:
License and Indemnification
1 certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and
am eighteen ( 18) years of age or older.
I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to
distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the
"Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to:
1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements,
etc.); and
2. Distribution to the media; and
3. Use in commercial products.
The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate
by the Florida Department of Environmental Protection. No Work will be returned once submitted.
I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever
for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights
or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of
any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other
individual or entity.
I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection,
its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in
connection with the Florida Department of Environmental Protection's use of the Work. This release and
indemnification shall be binding upon me, and my heirs, executors, administrators and assigns.
I have read and understand the terms of this release.
Owner signature: Date:
Photo/video/audio/artwork/recording
file name(s):
Location of photo/video/audio
recording/artwork:
Name of person accepting Work submission
11/19/2021
Exhibit G, DEP Agreement#: 23PLN86
Page I of I
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
CONTRACTUAL SERVICES CERTIFICATION
Exhibit H
Required for all grant agreements that include Contractual Services as an expenditure category.
DEP Agreement Number: 23P L N 86
Project Title: V ill ag e of K ey B iscayne V ulnera bility A ssessm ent U pdate
Grantee: V ill ag e of K ey B iscayne
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; and
4. 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
C o lle e n Bla nk
Print Name
Date
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION
Exhibit I
Required for all planning grant agreements.
DEP Agreement Number: _2_3P_L_N_8_6 _
Project Title: Village of Key Biscayne Vulnerability Assessment Update
Grantee: Village of Key Biscayne
In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and
information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be
completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work
Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida
Program webpage at the link below:
https://floridadep.gov/rcp/resilient-florida-program/documents/resilient-florida-program-gis-data
standards
Part 1- Subparagraph 380.093(3)(c)2., F.S.
Item Check if Page Reference
ID Included Item Description in VA Report
(if applicable)
Final Vulnerability Assessment Report that provides details on
a ! the results and conclusions, including illustrations via maps and
tables.
All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified
in the VA must be provided in the format consistent with the Department's GIS Data Standards
and include the following three (3) items:
b D Geospatial data in an electronic file format.
C ! GIS metadata.
List of critical assets for each jurisdiction, including regionally
d ! significant assets, that are impacted by flooding and sea level
rise. The list must be prioritized by area or immediate need and
must identify which flood scenario(s) impacts each asset
Part 2 - Subparagraphs 380.093(3)(d)l. and 380.093(3)(d)2., F.S.
Item Check if
ID Included Item Description
Page Reference
in VA Report
if a licable
e ! Peril of Flood Compliance Plan amendments developed that
address ara rah 163.3178 2 , F.S., ifa licable.
Exhibit I
1 of3
Rev. 1/18/2023
D Not applicable ! Already in compliance
f ! Depth of tidal flooding, including future high tide flooding,
using thresholds published and provided by the Department.
To the extent practicable, analysis geographically displays the
g ! number of tidal flood days expected for each scenario and
planning horizon. (optional)
Depth of current and future storm surge flooding using publicly
h ! available NOAA or FEMA storm surge data. (check one)
! NOAA data ! FEMA data
i ! Initial storm surge event equals or exceeds current 100-year
flood event.
j ! Higher frequency storm analyzed for exposure of a critical asset.
(optional, but must provide additional detail if included)
To the extent practicable, rainfall-induced flooding was
k ! considered using spatiotemporal analysis or existing hydrologic
and hydraulic modeling results. (required if item e is not
avvlicable)
1 ! Future boundary conditions have been modified to consider sea
level rise and high tide conditions. (optional)
m ! Depth of rainfall-induced flooding for 100-year storm and 500-
year storm event. (required if item e is not applicable)
To the extent practicable, compound flooding or the
n ! combination of tidal, storm surge, and rainfall-induced flooding.
(optional)
Part 3 - Subparagraph 380.093(3)(d)3., F.S.
Item Check if Page Reference
ID Included Item Description in VA Report
(if applicable)
0 ! All analyses performed in North American Vertical Datum of
1988.
Includes at least two local sea level rise scenarios, which must
p ! include the 2017 NOAA intermediate-low and intermediate-
high sea level rise projections.
q ! Includes at least two planning horizons, which must include
years 2040 and 2070.
r ! Utilizes local sea level data that has been interpolated between
the two closest NOAA tide gauges.
Local, publicly available, sea level data was taken from one of
s ! the two closest NOAA tide gauges, which must be the gauge
with the highest mean sea level (if so, provide Department
approval).
Exhibit I
2 of3
Rev. 1/18/2023
Identify all cou nties and m u n icipalities that are in cl uded in this V uln erability A ssessm ent:
I certify that, to the G ra ntee's kn ow ledg e, all info rm ation contain ed in this co m pleted V ulnera b ility
A ssessm ent C om p liance C h eck list is tru e and accurate as of the date of the sig natur e below .
G ra ntee's G ra nt M anag er Sig nature
Colleen Blank
Print Name
Date
Exhibit I
3 of 3
Rev. 1/18/2023