Jones Edmunds Contract - linked to Resolution No. 24-03PROFESSIONAL SERVICES AGREEMENT BETWEEN CLIENT AND ENGINEER
JonesEdmunde
IN CONSIDERATION OF the execution of this Agreement and the obligations imposed by it, Jones Edmunds & Associates, Inc.
("Engineer") and City of Atlantic Beach ("Client") hereby enter into this Professional Services Agreement Between Client and
Engineer ("Agreement") as of the Effective Date shown below.
Client's Name City of Atlantic Beach
800 Seminole Road
Client's Address Atlantic Beach, FL 32233
Project Name Adaptation Planning Services
Engineer's Project # TBD / Opportunity Number: 95239-169-22
SCOPE OF SERVICES
Jones Edmunds shall perform and/or provide the following services as described in Scope of Services attached as Exhibit A.
BASIS FOR COMPENSATION
Compensation for the services shall be on a Lump Sum basis of $149,809.00 (limited to overhead of 150% and profit on direct labor
of 10%).
ATTACHMENTS
Scope of Services as Exhibit A, RFQ 22-01 as Exhibit B, applicable requirements from DEO agreement for Jones Edmunds as Exhibits
C and C-1, Department of Economic Opportunity (DEO) agreement with City of Atlantic Beach, with its exhibits incorporated herein
by reference, as Exhibit D, 2 CFR 200 Requirements as Exhibit D-1 and FDEP agreement with City of Atlantic Beach as Exhibit E.
EFFECTIVE DATE
THE EFFECTIVE DATE of this Agreement is the last date shown below or ❑
CLIENT ENGINEER
By By
Printed Name Printed Name Stanley F. Ferreira, Jr., PE
& Title & Title President & CEO
Date Date
Please return a PDF of signed Agreement and Attachments to:
CONTRACTSERVICES(PJONESEDMUNDS.COM
If Client would like to receive a copy of this Agreement containing original signatures,
please mail a signed copy to
Jones Edmunds & Associates, Inc.
Attn: Contract Services
730 NE Waldo Road
Gainesville, FL 32641
Page 1 of 5 PSA (Rev20200430)
TERMS AND CONDITIONS
PROFESSIONAL SERVICES AGREEMENT BETWEEN CLIENT AND ENGINEER
1. BASIS OF BILLING:
® This is a "Lump Sum" agreement; it is not a "Time & Materials" agreement. Client will make progress and final payment to Engineer based on
Engineer's percentage of work completed without regard to Engineer's expenditures or profit/loss. The total "Fee" amount shall be available for all
tasks. Line -item costs are estimates only, and invoicing shall be based on a percentage of the total "Fee" and not individual line -item cost estimates.
The "Fee" shall be available for all aspects of the project.
2. BILLING AND PAYMENT TERMS:
PAYMENT DUE. Invoices shall be submitted by the Engineer [monthly upon completion of each phase] and are due upon presentation and shall be
paid in accordance with the Florida Prompt Payment Act.
COLLECTION COSTS. If the Client fails to make payments when due and the Engineer incurs any costs in order to collect overdue sums from the
Client, the Client agrees that all such collection costs and/or fees incurred shall immediately become due and payable to the Engineer. Collection
costs shall include, without limitation, legal fees, collection agency fees and expenses, court costs, collection bonds and reasonable Engineer staff
costs at standard billing rates for the Engineer's time spent in efforts to collect. This obligation of the Client to pay the Engineer's collection costs
shall survive the term of this Agreement or any earlier termination by either party.
SUSPENSION OF SERVICES. If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Engineer may suspend
performance of services upon thirty (30) calendar days' notice to the Client. The Engineer shall have no liability whatsoever to the Client for any
costs or damages because of such suspension caused by any breach of this Agreement by the Client. Upon payment in full by the Client, the
Engineer shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the
period of suspension plus any other reasonable time and expense necessary for the Engineer to resume performance.
TERMINATION OF SERVICES. If the Client fails to make payment to the Engineer in accordance with the payment terms herein, this shall constitute
a material breach of this Agreement and shall be cause for termination of this Agreement by the Engineer.
3. PERMITS, LICENSES, AND FEES: Unless otherwise stated in the Scope of Services, Client shall assist Engineer in obtaining all necessary governmental
permits and/or approvals required for the performance of the Services. Engineer's obligations hereunder are specifically subject to the issuance of
all such permits and/or approvals. Engineer will obtain and pay for all permits and licenses required by law that are directly associated with
Engineer's performance of the Scope of Services.
4. STANDARD OF CARE: Services will be performed for the exclusive benefit of Client. Services shall be conducted by Engineer consistent with that level
of care and skill ordinarily exercised by the engineering and consulting professions performing or furnishing the same or similar services in the
same locale acting under similar circumstances and conditions and, subject to this standard, ENGINEER MAKES NO OTHER REPRESENTATION,
GUARANTEE, OR WARRANTY, EXPRESS OR IMPLIED, IN FACT OR BY LAW, WHETHER OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, OR OTHERWISE CONCERNING ANY OF THE SERVICES WHICH MAY BE PERFORMED OR FURNISHED BY ENGINEER TO CLIENT.
5. INDEPENDENT CONTRACTOR: Engineer is an independent contractor and will maintain complete control of and responsibility for its employees,
subcontractors, and agents. Engineer will also be responsible for the means and methods for carrying out the Scope of Services and for the safety
of its employees. Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the
other party.
6. DELIVERABLES: All deliverables, including, but not limited to, all reports, drawings, plans, designs, and specifications prepared by Engineer hereunder
shall become Client's property upon final payment for Engineer's Services. Engineer may but is not required to retain copies of all deliverables.
Engineer grants Client a license to use Engineer's deliverables on the project, extensions of the project and other projects of Client, subject to the
following limitations: (i) Client acknowledges that such deliverables may not be intended or represented to be suitable for use on the project unless
completed by Engineer, or for use or reuse by the Client or others on extensions of the project or on any other project without written verification or
adaptation by Engineer; (ii) any such use or reuse, or any modifications of the deliverables, without written verification, completion, or adaptation
by Engineer, as appropriate for the specific purpose intended, will be at the Client's sole risk and without liability or legal exposure to Engineer or
Engineer's subcontractors; (Hi) Client shall indemnify and hold harmless Engineer and Engineer's subcontractors from all claims, damages, losses
and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification without written verification, completion, or
adaptation by Engineer; (iv) such limited license to Client shall not create any rights in third parties. If Engineer at Client's request verifies or adapts
the deliverables for extensions of the project or for any other project, then Client shall compensate Engineer at rates or in an amount to be agreed
upon by Client and Engineer at the time of such request.
7 WASTE MATERIALS: Client acknowledges that Engineer will have no role in generating, treating, storing, or disposing of hazardous or toxic substances,
pollutants and contaminants, or other waste materials ("Waste Materials") which may be present at the Jobsite. Any Waste Materials connected
with the services shall at no time become the property of Engineer. Nothing herein shall require Engineer to assume the status of generator or a
storage, treatment, or disposal facility as those terms are defined by the Resource Conservation and Recovery Act (RCRA), or any state statute or
regulation governing the generation, treatment, storage, or disposal of hazardous or solid waste. Engineer cannot accept ownership, title, or
responsibility for Client's waste or responsibility for the disposal of any Waste Materials. Client agrees that it shall evaluate and select the proper
site for treatment or disposal of its Waste Materials and shall be solely responsible therefor. Arrangements made by Engineer for treatment, storage,
transport, or disposal of any Waste Materials shall be construed as being made solely for Client's benefit and Client shall indemnify and hold
harmless Engineer against all claims, damages, losses, liability, and expenses, including attorney's fees, which arise therefrom.
8. INSURANCE: Engineer will maintain throughout the term of this Agreement the following insurance and will, upon request, submit certificates verifying
such to Client:
Page 2 of 5 PSA (Rev20200430)
(a) Worker's compensation insurance and employer's liability insurance as required by the state where the work is performed.
(b) Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property
of others arising from use of motor vehicles, including onsite and offsite operations, and owned, non -owned, or hired vehicles, with $1,000,000
combined single limits.
(c) Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any
covered negligent act or omission of Engineer with limits not less than $1,000,000 per occurrence and in the aggregate.
(d) Professional liability insurance with minimum limits of $1,000,000 per occurrence and in the aggregate.
9. LIMITATION OF LIABILITY: In recognition of the relative risks and benefits of the Project to both Client and Engineer, the risks have been allocated such
that Client agrees, to the fullest extent permitted by law, to limit the liability of Engineer and Engineer's officers, directors, partners, employees,
shareholders, owners and subconsultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any
cause or causes, including attorneys' fees and costs and expert -witness fees and costs, so that the total aggregate liability of Engineer and
Engineer's officers, directors, partners, employees, shareholders, owners and subconsultants shall not exceed $500,000, or Engineer's total fee
for services rendered on this Project, whichever is greater. It is intended that this limitation apply to all liability or cause of action however alleged
or arising, unless otherwise prohibited by law.
Notice: This Agreement is a professional services contract which meets the requirements of and is subject to Chapter 558, Florida Statutes.
Accordingly,
PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR
AGENT OF ENGINEER MAY NOT BE HELD INDIVIDUALLY LIABLE FOR ECONOMIC DAMAGES
RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT IF THE CONDITIONS OF
SECTION 558.0035 ARE SATISFIED.
10. CLIENT'S INDEMNIFICATION: Client agrees, to the extent permitted by law, to indemnify and hold harmless but shall have no obligation to defend the
Engineer and its officers, directors, employees and subconsultants (collectively "Consultant") from and against liability for damages to the extent
caused by the negligent acts, errors or omissions of Client and its contractors, subcontractors, consultants, or anyone for whom Client is legally
liable, in connection with this Agreement.
11. WAIVER OF CONSEQUENTIAL DAMAGES: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither both
Client and Engineer, for their respective officers, directors, partners, employees, subcontractors, or subconsultants hereby waive any claim for any
incidental, indirect or consequential damages arising out of or connected in any way to the services performed or furnished under this Agreement.
This mutual waiver of consequential damages includes, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of
reputation and any other consequential damages that either party may have incurred from any cause of action including, without limitation,
negligence, strict liability, breach of contract and breach of strict or implied warranty. Both Client and Engineer shall require similar waivers of
consequential damages protecting all the entities or persons named herein in all agreements and subcontracts with others involved in this project.
12. REQUIRED DISCLOSURES BY CLIENT: Client shall provide to Engineer all information which is known or readily accessible to Client which may be
reasonable and/or necessary for completion of the services by Engineer. Client shall be responsible for, and Engineer may rely upon, the accuracy
and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Client to Engineer pursuant to this
Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under
this Agreement.
13. FORCE MAIEURE: Neither party shall be responsible for damages or delays caused by Force Majeure or other events beyond the control of the other
party and which could not reasonably have been anticipated or prevented. For purposes of this Agreement, Force Majeure includes, but is not
limited to, adverse weather conditions, floods, epidemics, war, riot, strikes, lockouts and other industrial disturbances; unknown site conditions,
accidents, sabotage, fire, loss of or failure to obtain permits, unavailability of labor, materials, fuel or services; court orders; acts of God; acts, orders,
laws or regulations of the Government of the United States or the several states, or any foreign country, or any governmental agency. Should Force
Majeure occur, the parties shall mutually agree on the terms and conditions upon which the services being performed or furnished by Engineer
under this Agreement may be continued.
14. TERMINATION: This Agreement may be terminated by either party upon 30 days written notice to the other party. Irrespective of which party terminates
or the cause therefor, Client shall, within 30 days of termination, compensate Engineer for costs incurred up to the date of termination, plus any
reasonable and unavoidable costs incurred due to such termination (such as cancelling orders for equipment, materials, or services).
15. DISPUTE REsoLuTloN: To resolve conflicts that arise during the project or following the completion of the project, Client and Engineer agree that all
disputes between them arising out of or relating to this Agreement or the project shall be submitted to nonbinding mediation. Client and Engineer
further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and
to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors,
subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution among the parties to all
those agreements. Mediation shall be a condition precedent to commencement of any litigation of disputes arising out of or relating to this
Agreement or the project; provided, however, that minimal steps to prevent a bar to such litigation, such as operation of a statute of limitations,
may be taken with litigation commenced for such reason stayed pending the outcome of the mediation.
Page 3 of 5 PSA (Rev20200430)
16. JOBSITEACCESS: Client grants a right of entry to the jobsite to Engineer, its employees, agents, and subcontractors to perform the services. If Client
does not own the jobsite, Client warrants that it has the permission of the owner of the jobsite to grant this right of entry to Engineer. If, in order to
perform the services, Engineer damages or alters a jobsite owned by a third party, Client agrees to pay the cost of restoring the jobsite to its condition
prior to the performance of the services.
17. GEOPHYSICAL SERVICES: Engineer does not guarantee any specific results from sampling or analytical activity. Engineer shall not be liable for loss
and/or damage to the surface or subsurface due to subsurface sampling. Engineer shall not be liable for damage to wells caused by subsurface
trespass or from operational services. Client will repair or replace any equipment damaged or lost in a well unless caused by Engineer's negligence
or willful misconduct. Recovery of lost equipment will be Client's responsibility. Engineer is not liable for the accuracy of copies of the original logs
or for recommendations based on such copies. Engineer will provide professional interpretation and recommendations if requested in the scope of
services. Engineer shall not be responsible for obtaining permits or permission to log a well on a jobsite owned by a third party.
18. INSPECTIONS; CERTIFICATIONS: The words "inspect," "inspections," and similar words mean the visual observation of a project or any part of a project
to permit Engineer, as an experienced and qualified professional, to determine that the work or any part of the work, when completed, generally
conforms to the contract documents. In making such inspections, Engineer makes no guarantees for, and shall have no authority or control over,
or liability, for any performance or failure to perform the work in accordance with applicable contract documents. Engineer shall have no
responsibility for the means, methods, techniques, sequences or procedures selected by Client or others and or safety precautions of Client or
others or for failure by Client or others to comply with any laws or regulations relating to the performance of or non-performance of work by Client
or others. Engineer shall not be required to sign any documents, no matter by who requested, that would result in Engineer being required to certify,
guarantee or warrant the existence of conditions whose existence Engineer cannot ascertain. Client agrees not to make resolution of any dispute
with Engineer or payment of any amount due to Engineer any way contingent upon Engineer's execution of any such document.
19. CuENT NOTICE OF DEFECTS: Client will promptly notify Engineer of any defects perceived or suspected by Client in Engineer's performance or
deliverables.
20. ESTIMATES: In providing estimates of probable construction cost, Client acknowledges that Engineer has no control over the cost or availability of
labor, equipment, or materials, or over market conditions or the method of pricing of bidders or proposers, and that Engineer's estimates are made
on the basis of Engineer's professional judgment and experience. Engineer makes no warranty, express or implied, that the bids or the negotiated
cost of the construction will not vary from Engineer's estimate of probable construction cost.
21. INFORMATION DISCLOSURE: Engineer shall not be restricted in any way from releasing information in response to a subpoena, court order or other legal
process. Engineer shall not be required to resist such subpoena, court order or legal process, but shall promptly notify Client in writing of the demand
for information before Engineer responds to such demand. Client may, at its sole discretion and expense, seek to quash such demand.
22. PUBLIC RECORDS: If this Agreement is subject to Chapter 119 (Florida's Public Records Law) Engineer shall comply with the requirements of that law.
In accordance with Section 119.0701, Florida Statutes, Engineer shall (a) keep and maintain public records required by Client in order to perform
the service under this Agreement; (b) upon request from the Client's Clerk, provide Client with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided under Florida's Public Records law; (c)
ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of this Agreement term and following completion of this Agreement if Engineer does not transfer the records to
Client; and (d) upon completion of this Agreement, transfer, at no cost, to Client all public records in possession of Engineer or keep and maintain
public records required by Client to perform the service. If Engineer transfers all public records to Client upon completion of this Agreement, Engineer
shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Engineer
keeps and maintains public records upon completion of this Agreement, Engineer shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to Client, upon request from Client's custodian of public records, in a format that is compatible
with the information technology system of Client.
23. SAFETY: Unless specifically provided for in this Agreement, Engineer and its employees do not have any obligation as to safety of the site or as to
safe prosecution of the work which shall remain the sole obligation of Client or others designated by Client.
24. WAIVER OF RIGRTTO TRIAL BY JURY: Client and Engineer hereby knowingly, voluntarily, and intentionally waive the right any of them have to a trial by
jury with respect to any litigation based hereon, or arising out of, under or in connection with this Agreement and any agreement contemplated to
be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either party.
25. ASSIGNMENT: This Agreement and the right to damages or other remedy for its breach are not assignable absent the prior written consent of both
parties and without such consent such assignment is void.
26. EQUAL OPPORTUNITY: For Agreements in excess of $10,000: Engineer and its subconsultants, if any, shall abide by the requirements of 41 CFR 60-
1.4(a). This regulation prohibits discrimination against qualified individuals on the basis of race, color, religion, sex or national origin and requires
affirmative action by covered prime contracts and subcontractors to ensure applicants are employed and that employees are treated without regard
to race, color, religion, sex or national origin.
For Agreements in excess of $10,000: Engineer and its subconsultants, if any, shall abide by the requirements of 41 CFR 60-741.5(a). This
regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime
contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
For Agreements in excess of $100,000: Engineer and its subconsultants, if any, shall abide by the requirements of 41 CFR 60-300.5(a). This
regulation prohibits discrimination against qualified protected veterans and requires affirmative action by covered prime contractors and
subcontractors to employ and advance in employment qualified protected veterans.
27. ENTIREAGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreements
existing between the parties. This Agreement may be amended only by written instrument signed by each party.
Page 4 of 5 PSA (Rev20200430)
28. PRECEDENCE: This Agreement shall take precedence over any inconsistent or contradictory provisions in any other contract documents or any Client -
issued purchase order, requisition, notice to proceed, or like document regarding the project, services, or payment.
29. SURVIVAL: All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability
between Client and Engineer shall survive the completion of services hereunder and the termination of this Agreement.
30. GOVERNING Law: This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of Florida.
Page 5 of 5 PSA (Rev20200430)
EXHIBIT A
July 5, 2023
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Jon esEdmundJ
Integrity • Knowledge • Service
RE: City of Atlantic Beach
Task Authorization #1 — Adaptation Planning Services and Marsh Baseline Survey
RFQ 22-01 Adaptation Planning Services
Dear Mr. Swann:
Jones Edmunds is pleased to present our proposal to support the City of Atlantic Beach with its
vulnerability and adaptation planning efforts. As part of multiple previous planning efforts, the City
completed a vulnerability assessment and developed a preliminary adaptation plan. The City's findings
and recommendations from these analyses were documented in the City's Coastal Vulnerability
Assessment and Phase 1 Adaptation Plan reports. These are living documents that need to continually
be refined based on the best available data and the most recent guidance from the Florida Department of
Environmental Protection (FDEP). The City recently received federal funding from the Community
Development Block Grant Mitigation Program (CDBG-MIT) to make updates to their vulnerability
assessment, conduct a marsh baseline survey, update their adaptation plan, and conduct required public
meetings. The City also received funding from FDEP through the Resilient Florida Grant Program to
update it's vulnerability assessment to conform with Florida State Statute 380.093, which provides
requirements for a standardized vulnerability assessment approach.
The City selected Jones Edmunds to provide services to support these vulnerability and adaptation
planning efforts. The proposed tasks and subtasks for this project include the following:
Task 1: Review and Update the City's Vulnerability Assessment
o Task 1.1: Review Existing Vulnerability Assessment and Identify Data Gaps/Needs
o Task 1.2: Data Collection
o Task 1.3: Update Inundation Models and Mapping (Exposure Analysis)
o Task 1.4: Marsh Baseline Survey
o Task 1.5: Update Vulnerability Assessment
o Task 1.6 Vulnerability Assessment Public Meeting
■ Task 2: Adaptation Plan Updates
o Task 2.1: Review Preliminary Adaptation Plan
o Task 2.2: Sensitivity Analysis
o Task 2.3: Adaptation Plan Alternatives and Ranking
o Task 2.4: Adaptation Plan Public Meeting
o Task 2.5: Final Adaptation Plan Assistance
A detailed breakdown of the proposed tasks and deliverables is provided in the scope of services below.
800.237.1053 I ..)VI`ILJLLJ/YIU1,Itld.L.l/1v1
July 2023
Page 2
SCOPE OF SERVICES
TASK 1: REVIEW AND UPDATED THE CITY'S VULNERABILITY ASSESSMENT
TASK 1.1: REVIEW EXISTING VULNERABILITY ASSESSMENT AND IDENTIFY DATA GAPS/NEEDS
Jones Edmunds will review the City's current vulnerability assessment against FDEP's statutory
requirements for vulnerability assessment (Section 380.093(3)(d)) F.S. to identify data gaps and update
needs.
Deliverable: Jones Edmunds will document data gaps and recommended updates in an email and meet
with the City to discuss.
TASK 1.2: DATA COLLECTION
Jones Edmunds will research and compile the data needed to perform the VA based on the requirements
as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1) critical
and regionally significant asset inventory, 2) topographic data, and 3) flood scenario -related data. Sea
level rise projection data will include the 2017 National Oceanic and Atmospheric Administration (NOAA)
intermediate -high and intermediate -low projections for 2040 and 2070, at a minimum. Storm surge data
will equal or exceed the 100 -year return period (1% annual chance) flood event. In the process of
researching background data, Jones Edmunds identify data gaps, where missing data or low -quality
information may limit the VA's extent or reduce the accuracy of the results.
Deliverable: Jones Edmunds 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 1.3: UPDATED INUNDATION MODELS AND MAPPING (EXPOSURE ANALYSIS)
The City previously developed future conditions storm surge and rainfall driven inundation models to
predict the impacts to flooding from sea -level -rise and future development. Three future conditions
scenarios, 25- (2044), 50- (2069), and 100 -year (2119), were evaluated and boundary conditions were
based on the National Oceanic and Atmospheric Administration (NOAA) 2017 intermediate -high sea -
level -rise projections. Since the City completed their vulnerability assessment, FDEP has provided
statutory requirements for vulnerability assessments that have to be met for adaptation projects to be
eligible for Florida Resilient Grant Program construction funding. The statutes require inundation
scenarios for the 2040 and 2070 planning horizons using the intermediate -high and intermediate -low
2017 NOAA sea -level -rise projections. Additionally, rainfall change factors, which predict changes in
future rainfall depths from climate change have been developed by multiple sources, and required to be
used for state vulnerability assessments.
Jones Edmunds will update the rainfall driven inundation models based on the 2017 NOAA sea -level -rise
projections and industry accepted rainfall change factors. We will run 100 -year and 500-year/24-hour
rainfall scenarios for the 2040 and 2070 planning windows with the intermediate -high and intermediate -
low sea -level -rise projections. Jones Edmunds will replot the rainfall driven inundation based on the
updated model results for the three planning windows.
July 2023
Page 3
Jones Edmunds will map mean higher high-water inundation (MHHW) for existing and future conditions
scenarios required by FDEP. This will include projected MHHW inundation for 2040 and 2070
intermediate -low and intermediate -high scenarios.
Jones Edmunds will contract with ATM to update the coastal surge model based on the 2017 NOAA
projections for the 2040 and 2070 planning windows. ATM will replot the 100 -year storm surge driven
inundation areas for the two planning windows. ATM will also conduct a tidal surge analysis to map the
number of tidal flooding days under existing and future 2040 and 2070 conditions.
Jones Edmunds will develop combined rainfall and surge driven 100 -year inundation layers for the 2040
and 2070 intermediate -high and intermediate -low future conditions scenarios.
Deliverables: Updated rainfall driven, tidal (MHHW), and surge driven inundation models, mapping, and
depth rasters. Combined surge and rainfall driven mapping. Tidal surge analysis mapping that graphically
displays the number of tidal flooding days.
TASK 1 4: MARSH BASELINE SURVE)
Changes in the aerial extent of coastal vegetated habitats can serve as an indicator of health and vitality
of coastal ecosystems. The City would like to conduct a baseline aerial survey to map the extent of
saltmarsh along the Intracoastal Waterway within the City limits.
Jones Edmunds will hire a subconsultant to acquire high resolution red, green, blue (RGB) imagery via
drone/unmanned aerial vehicle. Jones Edmunds will obtain high resolution multispectral satellite imagery
from an online vendor. The drone Imagery will have relative accuracy and will be georeferenced based on
tie points (building corners, road intersections, etc.) that are unlikely to change over time. Jones Edmunds
will receive an RGB orthomosaic, digital terrain model, and digital surface model from the drone
subconsultant and will receive an orthomosaic from the satellite imagery vendor. Imagery data will be
collected during the marsh growing season between August and the end of October.
Jones Edmunds will conduct two days of field investigations to characterize unique vegetative signatures,
develop training points for automated polygon generation, and record the location of low marsh/high
marsh interface if feasible using a handheld GPS unit. A minimum of three unique marsh community
types will be developed using Cowardin's National Wetlands Classification Standard. Imagery will be
post -processed in ArcGIS to autogenerate polygons for unique aerial imagery vegetation signatures with
a minimum mapping unit of 1 -acre.
The aerial survey will represent the 2023 salt marsh extent that can be used to assess salt marsh
loss/gain to past and future aerial surveys and predict impacts of sea -level -rise.
Deliverables: Draft and final technical memorandum presenting methods and results in .pdf format; RGB
and hyperspectral rectified aerial imagery and saltmarsh geodatabase in digital format.
TASK 1.5: UPDATE VULNERABILITY ASSESSMENT
Jones Edmunds will assist the City with updating the vulnerability assessment based on the revised
inundation mapping, critical asset layers, and the marsh baseline survey. Jones Edmunds will develop
updated and/or new figures/tables and text that can be inserted into the report by the City.
Deliverables: Figures, tables, and text for insertion into the updated vulnerability assessment.
July 2023
Page 4
TASK 1.6: VULNERABILITY ASSESSMENT PUBLIC MEETING
Jones Edmunds will assist the City with preparing for and conducting a properly noticed public meeting to
present the findings and recommendations from the vulnerability assessment update. We will develop
presentation material that summarizes the analyses completed in tasks 1.2 and 1.3.
Deliverables: Meeting presentation material preparation and meeting attendance/presentation.
TASK 2: ADAPTATION PLAN UPDATES
TASK 2.1: REVIEW PRELIMINARY ADAPTATION PLAN
Jones Edmunds will review the City's Preliminary Adaptation Plan based on the updated vulnerability
assessment data and provide recommendations to City staff for updates.
Deliverable: Jones Edmunds will document recommended Adaptation Plan updates in an email and
meet with the City to discuss.
TASK 2.2: SENSITIVITY ANALYSIS
Jones Edmunds will perform a 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 Data Collection
Task. The sensitivity analysis will 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: Jones Edmunds 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 will be prioritized by area or immediate need
and must identify which flood scenario(s) impacts each asset.
TASK 2.3: ADAPTATION PLAN ALTERNATIVES AND RANKING
The goal of this task is to identify infrastructure improvement projects that reduce critical asset
vulnerability and that the City can apply for FDEP grant funding to implement. Jones Edmunds will review
results from the updated vulnerability assessment and identify locations where near-term infrastructure
improvements are needed to reduce critical asset vulnerability. We will meet with the City to review these
areas and identify up to 4 locations where infrastructure improvement alternatives will be developed.
Jones Edmunds will develop recommended improvement options at these locations using the City's
inundation models as -needed. The improvements will be evaluated under future conditions scenarios to
determine how well they will protect critical infrastructure throughout their service life. Rough order of
magnitude (ROM) engineering and construction cost estimates will be developed for each of the
alternatives. Jones Edmunds will develop a scoring criteria that will be used to rank/prioritize the projects.
Summary write-ups, figures, and tables will be developed for inclusion in the adaptation plan.
Deliverable: Summary write-ups, figures, tables, and ROM cost estimates for up to 4 infrastructure
improvements projects. Ranking/prioritization of the recommended improvements.
July 2023
Page 5
TASK 2.4: ADAPTATION PLAN PUBLIC MEETING
Jones Edmunds will assist the City with preparing for and conducting a properly noticed public meeting to
present the findings and recommendations from the Adaptation Plan update. We will develop
presentation material that summarizes the analyses completed in tasks 2.2.
Deliverables: Meeting presentation material preparation and meeting attendance/presentation.
TASK 2.5: FINAL ADAPTATION PLAN ASSISTANCE
Jones Edmunds will assist the City with updating the Preliminary Adaptation Plan based on the revised
vulnerability assessment, the adaptation improvements developed in Task 2.2, and other needs identified
in Task 2.1. Jones Edmunds will develop updated and/or new figures/tables and text that can be inserted
into the report by the City.
Deliverables: Figures, tables, and text for insertion into the Adaptation Plan Reports.
ASSUMPTION AND CLARIFICATIONS
• Survey data collection is not included.
Updates to the rainfall -driven model are limited to boundary conditions, rainfall depths, and runoff
parameters for the future condition scenarios.
Assumptions for the drone data collection are included in attachment A.
SCHEDULE
We propose to compete this project by September 1, 2024.
COMPENSATION
We propose to provide these services on a lump -sum basis in accordance with the terms of RFQ 22-01
for a fee of $149,809. A breakdown of the fee by task is included in Attachment B.
We look forward to continuing to assist the City and are available to answer any questions you may have
regarding this Scope of Services. You can reach us any time at 904-380-6521 or
Blcerman@JonesEdmunds.com, or Jarrod Hirneise at 904-744-5401 or JHirneise@JonesEdmunds.com.
Sincerely,
Brian Icerman, PE
Managing Director/Senior Vice President
Jarrod Hirneise, PE
Project Manager
11Jea. netlpan021WORKSPACE108505-AtlanticBeach\Opportunities195239-169-22_ResiliencyPlanning12022-09-02-
AdaptationP Ia nning Services_RFQ22-01.d ocx
JonesEdmundP
Integrity • Knowledge • Service
Attachment A
Drone Data Collection Assumptions
800.237 1053 1 JONESEDMUNDS.COM
Cost Breakdown for Data Collection
Marsh Area in Atlantic Beach, FL
Summary of Operational Discussions and Decisions
• TerraData will be using relative accuracy, not absolute
o TerraData will be marking tie points
o TerraData will not be using ground control points
• TerraData will center our data collection times on low tide. We will attempt to collect everything
within 2 hours of low tide, but we cannot guarantee that is possible. Data collection could span
multiple days.
• TerraData cannot guarantee that changing tide conditions will not create a level of distortion in
the final products
• TerraData will collect the data by dividing the area to be mapped into rectangular/square
sections. Each section will be one flight and will overlap neighboring flights.
• Airspace
o TerraData will go through the correct method to obtain airspace authorization from
NAS, Jacksonville. We feel very confident the request will be approved; however, we
cannot guarantee it. TerraData completed an airspace authorization for this same
airspace for another project and was approved for flight.
• RGB collection flights will be conducted at 120 meters altitude (or altitude approved by FAA), a
flight speed of 10 m/s (or less if conditions mandate), a side overlap of 70%, and front overlap of
75%.
• Ground Sampling Distance (GSD) goal will be sub 5cm as conditions allow.
• TerraData will supply the following outputs for RGB data collection
o RGB orthomosaic
o Digital terrain model
o Digital surface model
• If multispectral is used, the following outputs will be provided
o Multispectral orthomosaic and will tailor to Jones Edmunds needs which will dictate
software used for processing
• Prices include mobilization, FAA 107 pilots, aircraft, sensors, data processing, and
demobilization. Multispectral prices below assume that TerraData will purchase, integrate, and
collect the needed multispectral data with a Micasense multi band sensor. The airspace
authorization, labor, flying, and data processing have been discounted in the event TerraData
maintains possession of the sensor after the project. TerraData is willing to revisit pricing and
reduce cost of 1 year amounts in the event we are able to do so at the time of work being
dispatched.
July 2023
Page 7
Attachment B
Fee Breakdown Sheet
RFQ 22-01 Adaptation Planning Services
Task Authorization 1: Adaptation Planning Services
PROJECT BUDGET BY: Jarrod Hirneise Submitted:
Admini
Title/Job Description Project Officer Project Manager Senior Scientist Engineer Engineer Intern GIS Analyst Assi
[Labor Rate $95.00 $52.00 $51.00 $37.00 $31.00 $29.00 $2�
{Hourly Rate ? Labor x 150% OH x 10% Profit) $261.25 $143.00 $140.25 $101.75 $85.25 $79.75 $7E
'ELEMENT & TASK DESCRIPTIONS
Task 1: Review and Update the City's Vulnerability Assessment 24 80 83 92 120 92 i
1.1: Review Existing Vulnerability Assessment 2 8 4
{ 1.2: Data Collection 4 16 24 40 40
1.3: Udated Inundation Models and Mapping 4 20 36 60 16
I 1.4: Marsh Baseline Survey 2 4 75 16 20 20
{ 1.5: Update Vulnerability Assessment 4 16 8 12 16
1.6: Vulnerability Assessment Public Meeting 8 16
{Task 2: Technical Assistance During Plan Development 22 96 112 92 48
I 2.1: Review Preliminary Adaptation Plan 2 8 4
2.2: Sensitivity Analysis 4 20 32 52 16
2.3: Adaptation Plan Alternatives and Ranking 4 36 60 40 16
2.4: Adaptation Plan Public Meeting 8 16
2.5: Final Adaptation Plan 4 16 16 16
Total Hours
Total Costs
46
$12,018
176
$25,168
83
$11,641
204
$20, 757
212 j
$18,073
140
$11,165
1
$E
City of Atlantic Beach
April 21, 2022
EXHIBIT B
REQUEST FOR QUALIFICATIONS
for
ADAPTATION PLANNING SERVICES
RFQ 22-01
RFQ 22-01
The City of Atlantic Beach is seeking submittal of qualifications from professional engineering firms
interested in providing resiliency planning services for a Community Development Block Grant — MIT
General Planning Support (CDBG-MIT grant) to assist the City in becoming a more resilient community.
The City of Atlantic Beach has received approximately $80,000 in overall CDBG-MIT grant funding.
Services include working with City staff to update the City's Coastal Vulnerability Assessment and
Adaptation Plan using the latest NOAA sea level rise projections and conducting a marsh baseline study.
The City will award a single contract to the most qualified firm to provide these services. Fees will be
negotiated per the Consultant's Competitive Negotiation Act, Chapter 287.005 F.S.
Responses to this RFO must be submitted in triplicate by 4:00 pm. Friday. May 27.2022 to:
Patty Drake, Procurement Manager
City of Atlantic Beach
800 Seminole Rd
Atlantic Beach, FL 32233
All questions concerning the submittal of proposals must be submitted in writing to the City's Engineer,
Steve Swann at sswann@coab.us and shall be received no later than 4:00 p.m., Friday, May 20, 2022. No
questions should be directed to any other party. All interpretations will be provided in the form of an
addendum and will be published on the City's website.
1. PROJECT SCOPE: The objective of this RFQ is to retain the services of the most qualified
firm to provide resiliency planning services to the City of Atlantic Beach for all activities related
to the CDBG-MIT allocations provided to the City. Activities include assisting City staff with
updating the City's Coastal Vulnerability Assessment and Phase 1 Adaptation Plan using the
latest NOAA sea level rise projections and conducting a marsh baseline study of the tidal marshes
within the city limits. The goal of these efforts is to update the City's resiliency framework with
respect to sea level rise and severe weather events. Anticipated tasks to be completed under this
contract include the following tasks:
1. Coastal Vulnerability Assessment Review and Update
a. In 2019, the City completed a Coastal Vulnerability Assessment that was updated in
April 2021. This document is a living document intended to be updated as new and
additional information becomes available. The selected consultant shall review the 2021
Coastal Vulnerability Assessment and identify data gaps and areas where this document
can be improved upon and update the City's future flood projections utilizing the latest
NOAA sea level rise projections.
b. Conduct emergent vegetation mapping of tidal marsh areas within the city limits. The
goal of this effort is to complete an initial assessment that results in defining
representative baseline conditions within the tidal marsh system. The City's intent is to
periodically repeat data collection efforts to inform the City regarding changes in the
marsh that may affect future resiliency planning efforts. High-resolution maps are to be
developed via drone survey following the guidelines contained in Standard Operating
Procedures Mapping Land Use and Habitat Change in the National Estuarine Research
1
City of Atlantic Beach RFQ 22-01
April 21, 2022
Reserve System (NOAA, May 2015) and include all portions of the tidal wetland areas
within the City of Atlantic Beach city limits.
c. Conduct a noticed public meeting for input on findings and recommendations. Assist City
staff with updating the Coastal Vulnerability Assessment as appropriate, including the
tidal marsh baseline data.
2. Adaptation Plan Update
a. Utilizing the updated Coastal Vulnerability Assessment along with the data collected
from the tidal marsh monitoring program, the Consultant shall review the City's Phase I
Adaptation Plan and identify data gaps and areas where this document can be improved
upon. Assist City staff with producing a draft of an updated Adaptation Plan. This plan
shall identify key areas of need for mitigating risk and improving the overall resiliency of
public infrastructure and include policies and programs for overall community resilience.
Significant community involvement and two public meetings are to be anticipated during
completion of these efforts.
b. The draft updated Adaptation Plan shall be revised as necessary by City staff with
Consultant input to address community comments and concerns be presented to the City
Commission for final acceptance.
2. NON EXCLUSIVE: Notwithstanding the contract resulting from this RFQ, the City reserves
the right to follow its normal purchasing procedures at any time to procure the services identified
herein from other consultants.
3. MINIMUM REQUIREMENTS OF CONSULTANT(S):
A. Current Florida registration as a Professional Engineer.
B. A local office (Duval County) in which the majority of work will be done.
C. Local staff with the capability of performing the required planning, program design and
analysis described in the Project Scope.
D. Demonstrated capability, past experience and expertise in professional services related to
adaptation planning.
4. SCHEDULES:
A. Scope of Work Development: The City's intention to develop a mutually acceptable
scope of work with the selected consultant within 14 days of issuance of a Notice of
Award.
B. Budgetary: Consultant fees will be negotiated for each requirement of the developed
scope of work.
2
City of Atlantic Beach RFQ 22-01
April 21, 2022
C. Time: The work products resulting from this effort are intended to be completed within
six months of issuance of a Notice to Proceed. A production schedule will be established
during negotiation with the selected consultant.
5. CITY REPRESENTATIVES:
A. Designated Representatives - Steve Swann, Engineering Department
B. Project Manager - Steve Swann, Engineering Department
C. Technical Contact Brian Broedell, Community Development
Department
6. FEES: A maximum of 150% overhead and 10% profit will be allowed on direct labor.
Subconsultant fees and other direct cost will be billed to the City at the direct cost to the
Consultant. It will be the City's option to utilize this contract for future related grants beyond the
initial CDBG-MIT grant funds should additional funds become available for implementation.
7. CONSULTANT(S) WRITTEN RESPONSE REQUIREMENTS AND
SELECTION PROCESS:
A. SELECTION PROCESS: Consultant selection shall be in accordance with this
Request For Qualifications. The evaluation process shall determine qualifications,
interest and availability. City staff will review all written responses. This review will
result in a ranked list of fully qualified respondents. If deemed necessary, informal
interviews may be conducted of selected respondents based upon the evaluation of the
written responses.
The City reserves the right to reject any and all responses, waive informalities and
technicalities, and make awards to the firm(s) whose response best serves the interest of
the City. The City reserves the right to conduct an investigation as it deems necessary to
determine the ability of any respondent to perform the services requested.
B. METHOD OF RANKING: During the review of written responses, each criterion
below will be ranked numerically. In addition, each criterion has been assigned a scaled
value that weights the criterion's significance. The scaled value will be multiplied by the
ranking of each criterion to quantify that criterion. The scaled value is denoted in
brackets [ ] following each criterion's title. The sum of the scores derived from this
multiplication process will be used as an aid in selecting the consultant(s).
• WRITTEN QUALIFICATIONS PACKAGE REQUIREMENT: Respondents are to adhere
to the requirements shown below. Failure to do so may result in rejection of response as non-
responsive.
• Be concise. Maximum number of response pages allowed is 40, not including
resumes, financial information, page dividers and required forms.
■ Provide adequate information on each criterion below.
• Provide the ranking criteria information below in the order shown.
3
City of Atlantic Beach RFQ 22-01
April 21, 2022
D. RANKING CRITERIA:
1) Past Record of Professional Accomplishments [30%]: A list, plus a brief
description of completed public sector projects similar to the project under
consideration. Provide a reference list of public sector entities, preferably within
the State of Florida, for which similar services have been provided. Include the
public entity's contact person, email address, and telephone numbers.
2) Firm's Professional Qualifications and Project Team [30%1: List Consultant
team members, including detailed resumes. Give brief bullets on education,
training and experience for project personnel. Team members listed in the
response must be available for work on City projects during the entire contract
period. In the event a team member leaves the employ of the consultant during
the contract period, another team member with equal or better experience and
qualifications must be submitted, subject to the approval of the Community
Development Director.
3) Staff Availability and Capability to Meet Deadlines [10%]: Current and
projected workload for the project team which indicates the availability of staff to
complete assigned projects in a timely manner. Timeliness of completion of
current or past projects for the City of Atlantic Beach will be included in this
criterion, if applicable.
4) Financial Responsibility and Insurance [10%] : The form of business of the
prime consultant, i.e., proprietorship, partnership, corporation; years in business;
changes in ownership; bank reference; and any other information the applicant
may wish to supply to verify financial responsibility. Include the most recent
audit. bank reference or accounting summary or other information that illustrates
Financial Responsibility for the firm t sieved by an outside third party). and
current certificate of insurance. Financial information ma' be oackaeed in a
ser arate sealed envelope if desired.
5) Proximity [20%]: Location of the consultant's home office (corporate
headquarters) and location of the local office where the project(s) will be
produced. The members of the project teams should be permanently assigned to
the project office. Routine and responsive face-to-face interaction will be
important in servicing the City's needs in performing this continuing contract.
In the event a team member is relocated, another team member with equal or
better experience and qualifications shall be substituted. Team members shall
not be transferred, relocated or reassigned while performing work on a specific
City project without prior approval of the Community Development Director.
8. INDEMNIFICATION REQUIREMENTS: The Consultant shall indemnify and hold harmless
the City and its officers and employees from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Consultant and other persons employed or utilized by the
Consultant in the performance of the contract.
4
City of Atlantic Beach RFQ 22-01
April 21, 2022
9. INSURANCE REQUIREMENTS: The consultant(s) shall procure and maintain during the
term of the continuing contract, insurance of the types and in the minimum amounts stated below.
Coverages
A. Workers' Compensation Florida
Statutory Coverage and Employer's
Liability (including Appropriate
Federal Acts)
B. Comprehensive General Liability
C. Products — Completed Operations
Schedule Minimums
$100,000 — each accident
$100,000 — each employee
$500,000 — policy limit for disease
$1,000,000 — bodily injury each occurrence
$1,000,000 — bodily injury aggregate
$1,000,000 — property damage each occurrence
$1,000,000 — property damage aggregate
$1,000,000 — aggregate
D. Business Auto Liability Same as Comprehensive General Liability
(All autos — owned, hired or used)
E. Professional Liability Same as Comprehensive General Liability
F. Excess or Umbrella Liability Optional
Insurance shall be written by an insurer holding a current certificate of authority pursuant to
Chapter 624, Florida Statutes. Prior to commencing any work on the continuing contract,
certificates of insurance, approved by the City, evidencing the maintenance of said insurance
shall be furnished to the City's construction project manager. The certificates shall provide that
no material alteration or cancellation, including expiration and non -renewal, shall be effective
until fifteen (15) days after receipt of written notice by the City. All coverages shall name the
City as "additional insured."
Receipt of certificates or other documents of insurance or policies or copies of policies by the
City, or by any of its representatives, which indicate less coverage than required will not
constitute a waiver of the successful respondent(s)' obligation to fulfill the insurance
requirements herein.
10. EQUAL EMPLOYMENT OPPORTUNITY/COMPLIANCE WITH GRANT TERMS:
The Consultant agrees to comply with all federal, state, and local laws, resolutions, ordinances,
rules, regulations, and executive orders pertaining to unlawful discrimination on account of race,
color, creed, religion, national origin, sex, marital status, status with regard to public assistance,
sexual preference, disability, or age. The Consultant agrees to adhere to all requirements under
Section 3. When required by law or requested by the City, the Consultant shall furnish a written
affirmative action plan. The City of Atlantic Beach encourages small & minority businesses and
women business enterprises to respond to this RFQ.
Consultant agrees to post in conspicuous places available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause. Consultant
5
Ciry of Atlantic Beach RFQ 22-01
April 21, 2022
further agrees that he/she will ensure that subcontractors, if any, will be made aware of and will
comply with this nondiscrimination clause.
11. ANTI -COLLUSION REQUIREMENT: Under no circumstances shall any prospective
respondent, or any person or persons acting for or on behalf of any said prospective respondent,
seek to influence or gain the support of any member of the City Commission or the City Staff
favorable to the interest of any prospective respondent or seek to influence or gain the support of
any member of the City Commission or City Staff against the interest of any prospective
respondent. Any such activities shall result in the exclusion of the prospective respondent from
consideration by the City.
12. PUBLIC ENTITY CRIMES REQUIREMENT: A person or affiliate who has been placed on
the convicted vendor list following a conviction for public entity crime may not submit a bid,
proposal or a response on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
SECTION 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
13. PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS:
As of July 1, 2016, an act relating to public records; amending s.119.0701, F.S.; requiring a
public agency contract for services to include a statement providing the contact information of the
public agency's custodian of public records; prescribing the form of the statement; revising
required provisions in a public agency contract for services regarding a contractor's compliance
with public records laws.
14. § 135.38 SECTION 3 CLAUSE: The following language will be included in the contract for this
project per the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(section 3):
A. The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The
purpose of section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties to
this contract certify that they are under no contractual or other impediment that would prevent
them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
6
City of Atlantic Beach RFQ 22-01
April 21, 2022
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is executed,
and (2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and sub
contracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to
comply with section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
7
EXHIBIT C
Department of Economic Opportunity
Required Clauses
A. Equal Employment Opportunity: The Consultant agrees to comply with all federal, state, and
local laws, resolutions, ordinances, rules, regulations, and executive orders pertaining to
unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, sexual preference, disability, or age. The
Consultant agrees to adhere to all requirements under Section 3. When required by law or
requested by the City, the Consultant shall furnish a written affirmative action plan. Consultant
agrees to post in conspicuous places available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause. Consultant further agrees
that it will ensure that subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
B. § 135.38 Section 3 Clause:
1. The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The
purpose of section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties to
this contract certify that they are under no contractual or other impediment that would prevent
them from complying with the part 135 regulations.
3. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
4. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is executed,
and (2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to
comply with section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
C. Public Entity Crimes: A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime, and may not submit a bid, proposal, or a
response on a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids on leases of real property to a public entity and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.17, Florida Statute for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
D. Public Records:
The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws,
specifically to:
1. Keep and maintain public records required by the public agency to perform the service. Upon
request from the public agency's custodian of public records, provide the public agency with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by
law.
2. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency to
perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt for public records disclosure requirements. If the contractor
keeps and maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public records,
in a format that is compatible with the information technology systems of the public agency.
Failure to provide the public records to the public agency within a reasonable time may subject
the contractor to penalties under s. 119.10 and s. 119.0701(4), Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT DONNA BARTLE,
THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS
AT (904) 247-5809, DBARTLE@COAB.US, 800 SEMINOLE ROAD,
ATLANTIC BEACH, FLORIDA 32233
E. Debarment and Suspension: Engineer certifies it and their principals 1) are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Municipal, County, State or Federal department or agency, 2) have
not, within a three-year period preceding execution of this Agreement, been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records;
making false statements; or receiving stolen property, 3) are not presently indicted for or
otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated above, 4) have not within a three-year period
preceding execution of this Agreement had one or more public transactions (Federal, State or
local) terminated for cause or default.
F. Byrd Anti -Lobbying Amendment- Engineer certifies that has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or
any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non -Federal award.
G. Local, State and Federal Laws: Engineer agrees to comply with all applicable local, state and
federal laws, including the Americans With Disabilities Act of 1990, as amended; the Florida
Civil Rights Act, as amended, Chapter 760, Florida Statutes; Title VII of the Civil Rights Act
of 1964, as amended; (P.L. 101-336, 42 U.S.C. § 12101 et seq.) and laws which prohibit
discrimination by public and private entities on in employment, public accommodations,
transportation, state and local government services and telecommunications.
H. E-Verify Program: In accordance with Section 448.095, Florida Statute, Engineer certifies that
it is registered in the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all employees including new employees who are hired during the
term of the contract and will expressly require any subcontractors performing work or
providing services pursuant to the contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all employees including new
employees hired during the contract term.
EXHIBIT C-1
2 CFR Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under
Federal Awards
Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal
Awards
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the
non -Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and penalties
as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the
non -Federal entity including the manner by which it will be affected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339),
as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, N /A
all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a
provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non -Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determination. The non -Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the Copeland
"Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
The non -Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all N/A
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
N/A
construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision
that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non -Federal award.
(J) See § 200.323 - Procurement of recovered materials.
(K) See 200.216 - Prohibition on certain telecommunications and video surveillance services or
equipment.
(L) See 200.322 - Domestic Preferences for procurements.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]
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EXHIBIT D
DEO Agreement No.: MT002
State of Florida
Department of Economic Opportunity
Federally Funded
Community Development Block Grant
Mitigation Program (CDBG-MIT)
Subrecipient Agreement
THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida, Department of Economic
Opportunity, (hereinafter referred to as "DEO") and City of Atlantic Beach, Florida, hereinafter referred to as
the "Subrecipient" (each individually a "Party" and collectively "the Parties").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
WHEREAS, pursuant to Public Law (P.L.) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional
Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20
Supplemental Appropriations for Disaster Relief Requirements Act, 2019 (approved June 6, 2019), Division B,
Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. 115-56, the "Continuing Appropriations Act, 2018" ;
and the requirements of the Federal Register (FR) notices entitled "Allocations, Common Application, Waivers,
and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838
(August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for
Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 (January
6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of
Housing and Urban Development (hereinafter referred to as "HUD") has awarded Community Development
Block Grant—Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the
Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) § 5301 et seq.)
and applicable implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act.
WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement
constitute a subaward of the DEO Federal award, the use of which must be in accordance with requirements
imposed by Federal statutes, regulations and the terms and conditions of DEO's Federal award.
WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this
Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of
the subaward described herein.
WHEREAS, all CDBG-MIT activities carried out by the Subrecipient will: (1) meet the definition of
mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that
increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and
loss of property, and suffering and hardship, by lessening the impact of future disasters; (2) address the current
and future risks as identified in DEO's Mitigation Needs Assessment of most impacted and distressed area(s);
(3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative
requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a
Covered Project.
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DEO Agreement No.: MT002
NOW THEREFORE, DEO and the Subrecipient agree to the following:
(1) SCOPE OF WORK
The Scope of Work for this Agreement includes Attachment A, Project Description and
Deliverables. With respect to Attachment B, Project Budget, and Attachment C, Activity Work Plan, the
Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached
hereto as necessary and appropriate. Provided further, if there is a disagreement between the Parties, with
respect to the formatting and contents of such attachments, then DEO's decisions with respect to same
shall prevail, at DEO's sole and absolute discretion.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having
experience managing projects with funds made available through federal grants. Subrecipient is familiar
with DEO's grant agreement with HUD, has reviewed applicable CDBG-MIT regulations and guidelines,
will conduct, and will ensure its activities are in compliance with DEO's grant agreement with HUD and
all applicable CDBG-MIT regulations and guidelines. Subrecipient agrees to abide by all applicable State
and Federal laws, rules and regulations, including but not limited to, the Federal laws and regulations as
now in effect and as may be amended from time to time set forth in 24 CFR Part 570, applicable Federal
Register Notices, the State's Action Plan, and all applicable CDBG-MIT regulations and guidelines as
now in effect and as may be amended from time to time.
(3)
Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with
these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24
CFR Part 570 subpart I, et seq., and all other applicable federal laws, regulations, and policies governing
the funds provided under this Agreement.
PERIOD OF AGREEMENT
This Agreement is effective as of the date DEO executes this Agreement (the "Effective Date")
and ends forty-eight (48) months after execution by DEO, unless otherwise terminated as set forth herein.
(4) RENEWAL AND EXTENSION
This Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless
the Subrecipient provides justification satisfactory to DEO in its sole discretion and DEO's Director of
the Division of Community Development approves such extension in writing
(5) MODIFICATION OF AGREEMENT
Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any
modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement.
DEO may accept or reject any proposed modification based on DEO's sole determination and absolute
discretion, that any such acceptance or rejection is in the State's best interest.
(6) RECORDS
(a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 —
Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as
now in effect and as may be amended from time to time.
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DEO Agreement No.: MT002
(b) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General
of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability,
and representatives of the Federal government and their duly authorized representatives shall have access
to any of the Subrecipient's books, documents, papers and records, including electronic storage media, as
they may relate to this Agreement, for the purposes of conducting audits or examinations or making
excerpts or transcriptions.
(c) The Subrecipient shall maintain books, records and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of
funds provided by DEO under this Agreement.
(d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance
audits in accordance with Paragraph (7), Audit Requirements and Attachments I and J herein and ensure
that all related party transactions are disclosed to the auditor.
(e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this
Agreement and the compliance of all subrecipients, contractors, subcontractors and consultants paid from
funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for
this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR
570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon
request for a period of six (6) years from the date DEO issues the final closeout of this Agreement, unless
extended in writing by DEO. The six-year period may be extended for the following reasons:
1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the
six-year period, in which case the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at $1,000 or more
at the time of acquisition shall be retained for six (6) years after final disposition.
3. Records relating to real property acquired shall be retained for six (6) years after the closing
on the transfer of title.
(f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient
and for all contractors, subcontractors and consultants paid from funds provided under this Agreement,
including documentation of all program costs in a form sufficient to determine compliance with the
requirements and objectives of the scope of work and all other applicable laws and regulations.
(g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate
bank account or (ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls
to separately track the expenditure of all funds from this Agreement. Provided further, that the only option
available for advanced funds is to maintain such advanced funds in a separate bank account. There shall
be no commingling of funds provided under this Agreement with any other funds, projects or programs.
DEO may, in its sole discretion, disallow costs made with commingled funds and require reimbursement
for such costs as described herein, Subparagraph (22)(e), Repayments.
(h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and
consultants to be paid from funds provided under this Agreement, shall allow access to its records at
reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the
Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the Federal government or their duly authorized representatives.
"Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time,
Monday through Friday.
(7) AUDIT REQUIREMENTS
(a) The Subrecipient shall conduct a single or program -specific audit in accordance with the
provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in
Federal awards from all sources during its fiscal year.
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(b) Within sixty (60) calendar days of the close of Subrecipient's fiscal year, on an annual basis, the
Subrecipient shall electronically submit a completed Audit Compliance Certification to
auditCcr7.deo.mvflorida.com, and DEO's grant manager; a blank version of which is attached hereto as
Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for
each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants,
memorandums of understanding, memorandums of agreement, economic incentive award agreements,
etc.) between DEO and the Subrecipient.
(c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the
Subrecipient shall send an electronic copy of its audit report to DEO's grant manager for this Agreement
by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant.
(d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives, including
but not limited to the pertinent Report Submissions provisions of 2 C.F.R 200.512, when such provisions
are applicable to this Agreement.
(8) REPORTS
Subrecipient shall provide DEO with all reports and information set forth in Attachment G,
Reports. The monthly reports and administrative closeout reports must include the current status and
progress of Subrecipient and all subcontractors in completing the work described in Attachment A, Scope
of Work, and the expenditure of funds under this Agreement. Within 10 calendar days of a request by
DEO, Subrecipient shall provide additional program updates or information. Without limiting any other
remedy available to DEO, if all required reports and copies are not sent to DEO or are not completed in
a manner acceptable to DEO, payments may be withheld until the reports are completed to DEO's
satisfaction. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable
by law.
(9)
INSPECTIONS AND MONITORING
(a) Subrecipient shall cooperate and comply with DEO, HUD, and auditors with any inspections and
will immediately provide access to records and financial statements as deemed necessary by DEO, HUD,
and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR
570.489.
(b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by
DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes,
regulations, and this Agreement.
(c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring
procedures will include at a minimum: (1) reviewing financial and performance reports required by DEO;
(2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site
reviews and other means; and (3) issuing a management decision for audit findings pertaining to this
Federal award provided to Subrecipient from DEO as required by 2 CFR §200.521.
(d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement
actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and
appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the
pass-through entity as detected through audits, on-site reviews and other means. In response to audit
deficiencies or other findings of noncompliance with this agreement, DEO may in its sole discretion and
without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure
future compliance or provide training and technical assistance as needed to correct noncompliance. DEO
may also take other action as stated in Paragraph (13) Remedies or othenvise allowable by law.
(10) DUPLICATION OF BENEFITS
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Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in
a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act of 1974 (42 U.S.C. 5155 et seq.) and described in Appropriations Acts.
Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the
Federal Register and HUD guidance (including HUD training materials) . Subrecipient shall carry out the
activities under this Agreement in compliance with DEO's procedures to prevent duplication of benefits.
Subrecipient shall sign a Subrogation Agreement (See Attachment M)
(11) LIABILITY
(a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2), F.S., pursuant to
Section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party
for the other Party's negligence.
(b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with
or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida
Statutes. Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work
and services performed by third parties under this Agreement. For purposes of this Agreement,
Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor.
(c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which
result in claims or suits against DEO. Subrecipient agrees to be liable for any damages proximately caused
by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed
as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or
subcontract.
(d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the
Subrecipient.
(12) EVENTS OF DEFAULT
If any of the following events occur ("Events of Default"), DEO may, in its sole and absolute
discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the
remedies available through this Agreement or pursue any remedy at law or in equity, without limitation:
(a) Any warranty or representation made by Subrecipient, in this Agreement or any previous
agreement with DEO, is or becomes false or misleading in any respect, or if Subrecipient fails to keep or
perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with
DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its
obligations under this Agreement and/or as required by statute, rule, or regulation;
(b) Any material adverse change occurs in the financial condition of Subrecipient at any time during
the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty (30) calendar
days from the date written notice is sent by DEO;
(c) If Subrecipient fails to submit any required report or submits any required report with incorrect,
incomplete or insufficient information or fails to submit additional information as requested by DEO;
(d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement,
including participating in DEO's Implementation Workshop. The Parties agree that in the event DEO
elects to make payments or partial payments after any Events of Default, it does so without waiving the
right to exercise any remedies allowable herein or at law and without becoming liable to make any further
payment.
(e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement
if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and
the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar
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cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers
if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the
Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's
performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will
not result in any additional charge or cost under the Agreement to either Party. In the case of any delay
the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of
the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days
after the cause that creates or will create the delay first arose, if Subrecipient could reasonably foresee that
a delay could occur as a result or (2) within five (5) calendar days after the date Subrecipient first had reason
to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING
SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will
notify Subrecipient of its decision in writing. No claim for damages, other than an extension of time, shall
be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or
payment of any kind from DEO 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, Subrecipient shall perform at no increased cost, unless DEO determines, in its sole discretion, that
the delay will significantly impair the value of the Agreement to DEO or the State, in which case, DEO
may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient,
provided that Subrecipient grants preferential treatment to DEO with respect to products or
services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient
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 the Agreement
in whole or in part.
(13) REMEDIES
If an Event of Default occurs, DEO may in its sole discretion and without limiting any other right
or remedy available, provide thirty (30) calendar days written notice to the Subrecipient and if the
Subrecipient fails to cure within those thirty (30) calendar days DEO may choose to exercise one or
more of the following remedies, either concurrently or consecutively;
(a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17)
Notice and Contact;
(b) Begin any appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs
under this Agreement or any applicable law, rule or regulation governing the use of the funds; and
(e) Exercise any corrective or remedial actions, including but not limited to:
1. Request additional information from the Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance;
2. Issue a written warning to advise that more serious measures may be taken if the situation is
not corrected; and/or
3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any
activities in question.
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(f) Exercise any other rights or remedies which may be otherwise available under law.
Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or
failure by DEO to require strict performance does not affect, extend or waive any other right or remedy
available or affect the later exercise of the same right or remedy by DEO for any other default by the
Subrecipient.
(14) DISPUTE RESOLUTION
DEO shall decide disputes concerning the performance of the Agreement, and document dispute
decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless
the Subrecipient files a petition for administrative hearing with DEO within twenty-one (21) days from
the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120,
F.S., is an absolute condition precedent to Subrecipient's ability to pursue any other form of dispute
resolution; provided however, that the Parties may mutually agree to employ the alternative dispute
resolution procedures outlined in Chapter 120, F.S.
(15)
CITIZEN COMPLAINTS
The goal of DEO is to provide an opportunity to resolve complaints in a timely manner, usually within
fifteen (15) business days of the receipt of the complaint as expected by HUD, if practicable, and to
provide the right to participate in the process and appeal a decision when there is reason for an applicant
to believe its application was not handled according to program policies. All applications, guidelines and
websites will include details on the right to file a complaint or appeal and the process for filing a complaint
or beginning an appeal.
Applicants are allowed to appeal program decisions related to one of the following activities:
(a) A program eligibility determination,
(b) A program assistance award calculation, or
(c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal through the Office of Long -Term Resiliency email at
CDBG-DR[Rdeo.mvflorida.com or submit by postal mail to the following address:
Attention: Office of Long -Term Resiliency
Florida Department of Economic Opportunity
107 East Madison Street
The Caldwell Building, MSC 400
Tallahassee, Florida 32399
The subrecipient will handle citizen complaints by conducting:
(a) Investigations as necessary,
(b) Resolution, and
(c) Follow-up actions.
If the complainant is not satisfied by Subrecipient's determination, then the complainant may file
a written appeal by following the instructions issued in the letter of response. If, at the conclusion
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of the appeals process, the complainant has not been satisfied with the response, a formal complaint
may then be addressed directly to DEO at:
Department of Economic Opportunity
Caldwell Building, MSC -400
107 E Madison Street
Tallahassee, FL 32399
The Florida Office of Long -Term Resiliency operates in Accordance with the Federal Fair Housing
Law (The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been
discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-
800-927-9275 (TTY) orwww.hud.gov/fairhousing.
(16) TERMINATION
(a) DEO may immediately suspend or terminate this Agreement for cause by providing written
notice, from the date notice is sent by DEO. Cause includes, but is not limited to: an Event of Default
as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this
Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders,
HUD guidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform
any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or
incomplete in any material respect and refusal to permit public access to any document, paper, letter or
other material subject to disclosure under law, including Chapter 119, F.S., as amended. The
aforementioned reasons for termination are listed in the immediately preceding sentence for illustration
purposes but are not limiting DEO's sole and absolute discretion with respect to DEO's right to terminate
this Agreement. In the event of suspension or termination, Subrecipient shall not be entitled to recover
any cancellation charges or unreimbursed costs.
(b) DEO may unilaterally terminate this Agreement, in whole or in part, for convenience by providing
Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the
reasons for such termination, the effective date and, in the case of partial termination, the portion to be
terminated. However, if in the case of partial termination, DEO determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, DEO may terminate the
portion of the award which will not accomplish the purpose for which the award was made. Subrecipient
shall continue to perform any work not terminated. In the event of termination for convenience,
Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the
terminated portion of work.
(c) The Parties may terminate this Agreement for their mutual convenience in writing, in the manner
agreed upon by the Parties, which must include the effective date of the termination.
(d) In the event that this Agreement is terminated, Subrecipient shall not incur new obligations under
the terminated portion of the Agreement after the date Subrecipient has received the notification of
termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow
all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent
authorized by law, withhold payments to Subrecipient for the purpose of set-off until the exact amount
of damages due to DEO from Subrecipient is determined.
(e) Upon expiration or termination of this Agreement Subrecipient shall transfer to DEO any
CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable
attributable to the use of CDBG-MIT funds.
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(f) Any real property under Subrecipient's control that was acquired or improved in whole or in part
with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan)
in excess of $25,000 must either:
1. Be used to meet a national objective until five years after expiration or termination of this
Agreement, unless otherwise agreed upon by the Parties, or except as otherwise set forth herein; or
2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the
current market value of the property less any portion of the value attributable to expenditures of non-
CDBG-MIT funds for the acquisition or improvement of the property for five years after expiration
or termination of this Agreement.
(g) The rights and remedies under this clause are in addition to any other rights or remedies provided
by law or under this Agreement.
(17) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery,
first class or certified mail with return receipt requested, email with confirmation of receipt of email from
Subrecipient, to the representative identified below at the address set forth below or said notification
attached to the original of this Agreement.
(b) The name and address of DEO's Grant Manager for this Agreement is:
Man L. Williams
107 E. Madison Street
Tallahassee, FL 32399
850-717-8546
Mn a ..williams(i deo.mvflorida.com
(c) The name and address of the Local Government Project Contact for this Agreement is:
Citv Engineer
800 Seminole Road
Atlantic Beach, FL 32233
904-247-5874
sswann@coab.us
(d) If different representatives or addresses are designated by either Party after execution of this
Agreement, notice of the name, title and address of the new representative will be provided as provided
for in this Agreement. Such change shall not require a formal amendment of the Agreement.
(18) CONTRACTS
If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed
contract template and any proposed amendments, extensions, revisions or other changes thereto, must be
forwarded to the DEO grant manager for prior written approval. For each contract, the Subrecipient
shall report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a
minority vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement
standards in 2 CFR 5200.318 - 5200.327 and 5200.330 when procuring property and services under this
Agreement (refer to Attachments D & E).
The Subrecipient shall include the following terms and conditions in any contract pertaining to the work
required under this Agreement:
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(a) the period of performance or date of completion;
(b) the performance requirements;
(c) that the contractor is bound by the terms of this Agreement;
(d) that the contractor is bound by all applicable State and Federal laws, rules, and regulations;
(e) that the contractor shall hold DEO and Subrecipient harmless against all claims of whatever nature
arising out of the contractor's performance of work under this Agreement;
(f) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in
performing its work under this Agreement;
(g) the requirements of 2 CFR Appendix II to Part 200 — Contract Provision for Non -Federal Entity
Contract Under Federal Awards — (refer to Attachment L)
Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR
570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons
and provisions addressing bid, payment, performance bonds, if applicable, and liquidated damages.
Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure
that its contractors perform according to the terms and conditions of the procured contracts or
agreements and the terms and conditions of this Agreement.
(19) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. There are no
provisions, terms, conditions, or obligations other than those contained in this Agreement; and this
Agreement supersedes all previous understandings. No waiver by DEO may be effective unless made is
writing by an authorized DEO official.
(20) ATTACHMENTS
(a) If any inconsistencies or conflict between the language of this Agreement and the attachments
arise, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(b) This Agreement contains the following attachments:
Attachment A — Project Description and Deliverables
Attachment B — Project Budget (Example)
Attachment C — Activity Work Plan (Example)
Attachment D — Program and Special Conditions
Attachment E — State and Federal Statutes, Regulations and Policies
Attachment F — Civil Rights Compliance
Attachment G — Reports
Attachment H — Warranties and Representations
Attachment I — Audit Requirements Exhibit 1 to Attachment I — Funding Sources
Attachment J — Audit Compliance Certification
Attachment K — SERA Access Authorization Form (form provided after execution of this
agreement)
Attachment L - 2 CFR Appendix II to Part 200
Attachment M — Subrogation Agreement
(21) FUNDING/CONSIDERATION
(a) The funding for this Agreement shall not exceed Eighty Six Thousand Nine Hundred Fifty
Dollars and Zero Cents ($86,950.00) subject to the availability of funds. The State of Florida and DEO's
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performance and obligation to pay under this Agreement is contingent upon annual appropriations by the
Legislature and subject to any modification in accordance with Chapter 216, F.S. or the Florida
Constitution.
(b) DEO will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability
("NFA") through DEO's financial management information system. Each NFA may contain specific
terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the
NFA. By accepting funds made available through an NFA, Subrecipient agrees to comply with all terms,
conditions, assurances, restrictions or other instructions listed in the NFA.
(c) By execution of this Agreement, Subrecipient certifies that necessary written administrative
procedures, processes and fiscal controls are in place for the operation of its CDBG-MIT program for
which Subrecipient receives funding from DEO. These written administrative procedures, processes and
fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations, guidance
and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of
Attachment D, Program and Special Conditions.
(d) Subrecipient shall expend funds only for allowable costs and eligible activities, in accordance with
the Scope of Work.
(e) Subrecipient shall request all funds in the manner prescribed by DEO. The authorized signatory
for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of
each Request for Funds ("RFF") on behalf of Subrecipient. SERA Access Authorization Form will be
provided after the execution of this Agreement.
(f) Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for
eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding
with CDBG-MIT funds.
(g) If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief
Financial Officer or under Subparagraph (23), Mandated Conditions of this Agreement, all obligations on
the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit
its administrative closeout report and subgrant agreement closeout package as directed by DEO within
thirty (30) calendar days from receipt of notice from DEO.
(h) Subrecipient is ultimately responsible for the administration of this Agreement, including
monitoring and oversight of any person or entity retained or hired by Subrecipient.
(i) All expenditures under this Agreement shall be made in accordance with this Agreement and any
applicable state or federal statutes, rules, or regulations.
(j) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the
"Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional
Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term
recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq., (the "Stafford Act").
(k) CDBG-DR funds, appropriated and identified by public Public lawLaw, are governed by one or
more Federal Register notices that contain requirements, applicable waivers, and alternative requirements
that apply to the use of these funds.
(22) REPAYMENTS
(a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from
obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors,
subcontractors and consultants only expend funding under this Agreement for allowable costs resulting
from obligations incurred during the Agreement period.
(b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated
funds which have been advanced or paid .
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(c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the
Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions
of this Agreement.
(d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet
one of the three National Objectives listed in 24 CFR § 570.483(b), (c) and (d); provided, however, the
Subrecipient is not required to repay funds for subgrant administration unless DEO, in its sole discretion,
determines Subrecipient is at fault for the ineligibility of the activity in question.
(e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this
Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within
thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance.
(f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for
collection, the Subrecipient shall pay to DEO a service fee of $15.00 or five percent of the face amount
of the returned check or draft, whichever is greater. All refunds or repayments to be made to DEO under
this Agreement are to be made payable to the order of "Department of Economic Opportunity" and
mailed directly to DEO at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs Cashier
107 East Madison Street — MSC 400
Tallahassee, Florida 32399-6508
(23) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations and materials submitted or provided by the Subrecipient in this Agreement, in any later
submission or response to a DEO request or in any submission or response to fulfill the requirements of
this Agreement. All of said information, representations and materials are incorporated herein by
reference.
(b) This Agreement shall be construed under the laws of the State of Florida and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly
waive any right to jury trial.
(c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then that provision shall be null and void only to the extent of the conflict or
unenforceability, and that provision shall be severable from and shall not invalidate any other provision
of this Agreement.
(d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall
survive the term of this Agreement.
(e) This Agreement may be executed in any number of counterparts, any one of which may be taken
as an original.
(f) Subrecipient shall comply with all applicable local, state and federal laws, including the Americans
With Disabilities Act of 1990, as amended; the Florida Civil Rights Act, as amended, Chapter 760, Florida
Statutes; Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. § 12101 et seq.)
and laws which prohibit discrimination by public and private entities on in employment, public
accommodations, transportation, state and local government services and telecommunications.
(g) Pursuant to Section 287.133(2)(a), F.S., a person or affiliate, as defined in Section 287.133(1), F.S.,
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 contractor, supplier, subcontractor or consultant under
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a contract with any public entity; and may not transact business with any public entity in excess of thirty-
five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed
on the convicted vendor list. By executing this Agreement, the Subrecipient represents and warrants that
neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose
if it or any of its affiliates is placed on the convicted vendor list.
(h) Pursuant to Section 287.134(2)(a), F.S., an entity or affiliate, as defined in Section 287.134(1), 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. By executing this Agreement, the Subrecipient represents
and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The
Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof.
(j) In the event travel is pre -approved by DEO, any bills for travel expenses shall be submitted and
reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR §
200.474.
(k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to DEO or be applied against DEO's obligation to pay the
Agreement award amount.
(1) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law (Section
286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. Subrecipient agrees that all such
aforementioned meetings shall be publicly noticed, open to the public and the minutes of all the meetings
shall be public records made available to the public in accordance with Chapter 119, F.S.
(m) Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans Affairs
and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990; and section
906 of P.L. 101-625, the Cranston -Gonzalez National Affordable Housing Act, 1990, by having, or
adopting within ninety (90) days of execution of this Agreement, and enforcing, the following:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any
CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable
attributable to the use of CDBG-MIT funds.
(24) LOBBYING PROHIBITION
(a) No funds or other resources received from DEO under this Agreement may be used directly or
indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
(b) The Subrecipient certifies, by its signature to this Agreement, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any general loan, the entering into of any cooperative agreement, and the extension,
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continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement;
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative agreement, the Subrecipient shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
3. Subrecipient shall require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose as described in this
Agreement. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than ten thousand dollars
($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
(25) COPYRIGHT, PATENT AND TRADEMARK
Any and all patent rights accruing under or in connection with the performance of this Agreement are
hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the
performance of this Agreement are hereby transferred by Subrecipient to the State of Florida.
(a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery
or invention to DEO for a determination whether the State of Florida will seek patent protection in its
name. Any patent rights accruing under or in connection with the performance of this Agreement are
reserved to the State of Florida. If any books, manuals, films or other copyrightable material are produced,
Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance
under this Agreement are transferred by the Subrecipient to the State of Florida.
(c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all
intellectual properties relating to the performance of this Agreement which give rise to a patent or
copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have
the right to all patents and copyrights which accrue during performance of this Agreement.
(26) LEGAL AUTHORIZATION
(a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient
certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the
terms of this Agreement. DEO may, at its discretion, request documentation evidencing the undersigned
has authority to bind Subrecipient to this Agreement as of the date of execution; any such documentation
is incorporated herein by reference.
(b) Prior to the execution of this Agreement, Subrecipient warrants that, to the best of its knowledge,
there is no pending or threatened action, proceeding, investigation or any other legal or financial condition
that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations.
Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any
manner during the term of this Agreement.
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(27) PUBLIC RECORD RESPONSIBILITIES
(a) In addition to Subrecipient's responsibility to directly respond to each request it receives for
records, in conjunction with this Agreement and to provide the applicable public records in response to
such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an
email to PRReauest c@deo.myflorida.com within one (1) business day from receipt of the request.
(b) Subrecipient shall keep and maintain public records required by DEO to perform the
Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DEO's custodian of
public records, provide DEO with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, F.S.,
or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters
or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the
records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S.
For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall
respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such
requests for records that are public records, as public records are defined in Section 119.011, F.S.,
Subrecipient shall be responsible for providing such public records per the cost structure provided in
Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise
provided by law.
(c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's
public records laws or to allow public access to any public record made or received by the Subrecipient in
conjunction with this Agreement.
(d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section
119.0701(1)(a), F.S. ("Subrecipient-contractor"), the Subrecipient-contractor shall transfer to DEO, at no
cost to DEO, all public records upon completion including termination, of this Agreement or keep and
maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all
public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion
of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for retaining public
records in accordance with Chapters 119 and 257, F.S. All records stored electronically must be provided
to DEO, upon request from DEO's custodian of public records, in a format that is compatible with the
information technology systems of DEO.
(e) If DEO does not possess a record requested through a public records request, DEO shall notify
Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must
provide the records to DEO or allow the records to be inspected or copied within a reasonable time, but
in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DEO's
request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient-
contractor who fails to provide public records to DEO within a reasonable time may be subject to
penalties under Section 119.10, F.S.
(f) Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within
seventy-two (72) hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed
or improperly used, copied or removed (except in the ordinary course of business) by anyone except an
authorized representative of DEO. Subrecipient shall cooperate with DEO, in taking all steps as DEO
deems advisable, to prevent misuse, regain possession or otherwise protect the State's rights and the data
subject's privacy.
(g) Subrecipient acknowledges DEO is subject to the provisions of Chapter 119, F.S., relating to
public records and that reports, invoices and other documents Subrecipient submits to DEO under this
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Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO
regarding DEO's efforts to comply with the requirements of Chapter 119, F.S.
(h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure
as trade secrets or proprietary confidential business information, such records should be identified as such
by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from
the requirements of Chapter 119, F.S., prior to submittal of the record to DEO serves as the Subrecipient's
waiver of a claim of exemption. Subrecipient shall ensure 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 this Agreement term and following completion of this Agreement if the Subrecipient-
contractor does not transfer the records to DEO upon completion, including termination, of this
Agreement.
(i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at
850-245-7140, via email at PRRequestadeo.mvflorida.com, or by mail at
Department of Economic Opportunity, Public Records Coordinator, 107
East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.
(j) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents,
employees, partners, contractors and subcontractors and shall fully indemnify, defend, and hold harmless
the State and DEO, and their officers, agents and employees, from suits, actions, damages, and costs of
every name and description, including attorneys' fees, arising from or relating to public record requests or
public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents,
employees, partners, contractors or subcontractors, provided, however, Subrecipient does not indemnify
for that portion of any costs or damages proximately caused by the negligent act or omission of the State
or DEO. DEO, in its sole discretion, has the right, but not the obligation, to enforce this indemnification
provision.
(k) DEO does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S.,
Subrecipient shall not publicly disseminate any information concerning this Agreement without prior
written approval from DEO, including, but not limited to, mentioning this Agreement in a press release
or other promotional material, identifying DEO or the State as a reference, or otherwise linking
Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any
material published, either in print or electronically, to any other entity that is not a Party to this Agreement,
except potential or actual employees, agents, representatives or subcontractors with the professional skills
necessary to perform the work services required by the Agreement.
(1) Subrecipient shall comply with the requirements set forth in Section 119.0701, F.S., when entering
into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall
amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective
Date of this Agreement and which contract will or may be funded in whole or in part with any public
funds. DEO may terminate this Agreement if the Subrecipient does not comply with this provision.
(28) EMPLOYMENT ELIGIBILITY VERIFICATION
(a) Section 448.095, F.S., requires the following:
Page 16 of 56
DocuSign Envelope ID: 4180B2F5-4407-4D2A-9C7A-B4174C4F622A
DEO Agreement No.: MT002
1. Every public employer, contractor, and subcontractor shall register with and use the E -
Verify system to verify the work authorization status of all newly hired employees. A public employer,
contractor, or subcontractor may not enter into a contract unless each party to the contract registers
with and uses the E -Verify system.
2. A private employer shall, after making an offer of employment which has been accepted
by a person, verify such person's employment eligibility. A private employer is not required to verify
the employment eligibility of a continuing employee hired before January 1, 2021. However, if a
person is a contract employee retained by a private employer, the private employer must verify the
employee's employment eligibility upon the renewal or extension of his or her contract.
(b)
E -Verify is an Internet -based system that allows an employer, using information reported on
an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all
new employees hired to work in the United States. There is no charge to employers to use E -
Verify. The Department of Homeland Security's E -Verify system can be found at:
https: / /www. e-verify.gov/
(c) If the Recipient does not use E -Verify, the Recipient shall enroll in the E -Verify system prior
to hiring any new employee or retaining any contract employee after the effective date of this
Agreement.
(29) PROGRAM INCOME
(a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR 4 570.500(a) or
in the Federal Register Guidance governing the CDBG-MIT funds) generated by activities carried out
with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly
Progress Report. The Subrecipient shall use program income in accordance with the applicable
requirements of 2 CFR part 200, 24 CFR part 570.489, 570.500, 570.504 and the terms of this Agreement.
(b) Program income generated after closeout shall be returned to DEO. Program income generated
prior to closeout shall be returned to DEO unless the program income is used to fund additional units of
CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to
administrative closeout.
(30) NATIONAL OBJECTIVES
All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's
National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall
meet the following national objectives and satisfy the following criteria:
(a) Benefit low and moderate income;
(b) Meet a particularly urgent need
(c) Aid in the prevention or elimination of slums or blight
(31) INDEPENDENT CONTRACTOR
(a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is
mutually understood and agreed Subrecipient is at all times acting and performing as an independent
contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an
Page 17 of 56
DocuSign Envelope ID: 4180B2F5-4407-4D2A-9C7A-B4174C4F622A
DEO Agreement No.: MT002
employer/employee relationship, partnership or joint venture between the Parties. Subrecipient shall at
all times remain an independent contractor with respect to the services to be performed under this
Agreement. Nothing in this Agreement shall be construed to create any agency or employment
relationship between DEO Subrecipient, its employees, subcontractors or agents. Neither Party shall have
any right, power or authority to assume, create or incur any expense, liability or obligation, express or
implied, on behalf of the other.
(b) Subrecipient, its officers, agents, employees, subcontractors or assignees, in performance of this
Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent,
joint venturer, or partner of the State of Florida.
(c) Subrecipient shall have sole right to control the manner, method and means by which the services
required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay
Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or
assignees are entitled to State retirement or State leave benefits, or to any other compensation of State
employment as a result of performing the duties and obligations of this Agreement.
(d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor
will be deemed to be an independent contractor and will not be considered or permitted to be an agent,
employee, servant, joint venturer or partner of the State of Florida.
(e) Unless justified by the Subrecipient, and agreed to by DEO in the Scope of Work, DEO will not
furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical
support) to the Subrecipient or its subcontractor or assignee.
(f) DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of
funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay, sick leave,
retirement benefits, social security, workers' compensation, health or disability benefits, reemployment
assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees,
subcontractors and other agents, receive benefits and necessary insurance (health, workers' compensation,
reemployment assistance benefits) from an employer other than the State of Florida.
(g) Subrecipient, at all times during the Agreement, must comply with the reporting and
Reemployment Assistance contribution payment requirements of Chapter 443, F.S.
(h) DEO shall not be responsible the provision of any training to Subrecipient, its employees, assigns,
agents, representatives or subcontractors in the professional skills necessary to perform the work services
required by this Agreement; DEO may provide training in the form of an Implementation Workshop in
keeping with implementation
Remainder of this page is intentionally left blank
Page 18 of 56
DocuSign Envelope ID: 4180B2F5-4407-4D2A-9C7A-B4174C4F622A
DocuSign Envelope ID: D658077F-1806-478E-9D76-5B450143DC7C
DEO Agreement No.: MT002
State of Florida
Department of Economic Opportunity
Federally Funded Subrecipient Agreement
Signature Page
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the
attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned
officials.
CITY OF ATLAI�.TIC BEA
By
Title
Date SiP /2(
Federal
Tax ID # 59-6000267
DUNS # 081944514
S.
Shane Corbin
City Manager
DA DEPARTMENT OF ECONOMIC
DocuQRAPRTUNITY
By
—uuououxcrvsy �r,
Signature
Drew Winters
Director, Office of Long -Term
Title Resiliency
8/31/2021
Date
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
-DoeuSigned by:
BY: %--kon13111.711:1
8/31/2021
Approved Date:
Page 19 of 56
EXHIBIT D-1
Requirements: 2 CFR 200
In anticipation of potentially receiving Federal or State funds for this project in the future, the City
will comply with §200.318 - §200.327 of 2 CFR 200. As a result, the following State and Federal
requirements will be adhered to:
1. Conflict of Interest: All firms must disclose with their bid the name of any officer, director or
agent who is also an employee of the City or any of its departments. Further, all firms must
disclose the name of any City employee who owns directly or indirectly, an interest of five percent
(5%) or more in the firm's entity or any of its branches or subsidiaries.
1) Non-government Conflicts
a) A firm shall not submit a response or enter into a contract with the City if the contract
would result in the proposer having a conflict of interest. As used herein, the term
conflict of interest shall mean:
i, The firm's contract with another customer or entity will be averse to the interest of
the City; or
u. There is a significant risk that the interest of the City will be materially impacted
by the firm's responsibilities to a current customer or entity, a former customer or
entity or any other third party.
b) Notwithstanding the existence of a conflict of interest under paragraph (a), a firm may
submit a proposal and enter into a contract with the City if:
i. The firm reasonably believes that they will be able to provide competent and diligent
representation to each affected customer or entity and;
ii. The conflict of interest is not prohibited by law and;
iii. The proposal or contract does not involve the assertion of a claim by one customer or
entity against another represented by the firm in the same project or other proceeding
In addition, each individual participating in the selection process for professional services
contracts must also disclose any conflict of interest Consultant and subconsultant firms
representing the City of Atlantic Beach must be free of conflicting professional or personal
interests. It is the responsibility of the consultant to recuse itself from submitting responses for a
project if a conflict of interest exists. Subconsultants are responsible for disclosing potential
conflicts of interest to the prime consultant firm and recusing themselves accordingly where
conflict of interest exists.
2. Full and Open Competition: All procurement transactions for the acquisition of property or
services required under a Federal award must be conducted in a manner providing full and open
competition consistent with the standards of §200.319 & §200.320.
3. Contracting with small and minority firms, women's business enterprise and labor surplus area
firms 200.32]:
1) The City will take all necessary affirmative steps to assure that minority firms, women's
business enterprises, and labor surplus area firms are used when possible.
2) Affirmative steps shall include:
i) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
ii) Assuring that small and minority.businesses, and women's business enterprises are
solicited whenever they are potential sources;
iii) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority business, and
women's business enterprises;
iv) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises;
v) Using the services and assistance of the Small Business Administration, and the
Minority Business Development Agency of the Department of Commerce; and
vi) Requiring the prime contractor, if subcontracts are to be let to take the affirmative
steps listed in paragraphs (e)(2) (i) through(v) of this section.
4. Procurements of Recovered Materials: The City and its contractors must comply with section 6002
of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
5. Unnecessary or Duplicative Items: Provide for a review of proposed procurements to avoid
purchase of unnecessary or duplicative items. Consideration should be given to consolidating or
breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis
will be made of lease versus purchase alternatives, and any other appropriate analysis to determine
the most economical approach.
6. Federal Excess and Surplus Property. The City encourages the use of Federal excess and surplus
property in lieu of purchasing new equipment and property whenever such use is feasible and
reduces project costs.
7. Settlement of All Contractual and Administrative Issues: The City alone must be responsible, in
accordance with good administrative practice and sound business judgment, for the settlement of
all contractual and administrative issues arising out of procurements. These issues include, but are
not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the
City of any contractual responsibilities under its contracts. The Federal awarding agency will not
substitute its judgment for that of the City unless the matter is primarily a Federal concern.
Violations of law will be referred to the local, state, or Federal authority having proper
jurisdiction.
8. Local Preference: Local preference is not allowed.
9. Domestic Preferences for Procurements: As appropriate and to the extent consistent with law, the
City,'to the greatest extent practicable under a Federal award, prefers the purchase, acquisition, or
use of goods, products, or materials produced in the United States. For the purposes of this section:
1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
2) Manufactured products" means items and construction materials composed in whole or in part
of non-ferrous metals such as aluminum; plastics and polymer -based products such as
polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and
lumber.
10. E -Verify (Execute Order 11-116): Consultant:
1) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired during the contract term; and
2) Shall expressly require any subcontractors performing work or providing services pursuant to
this contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system
to verify the employment eligibility of all new employees hired by the subcontractor during
the contract term.
11. Executive Order 11246: Compliance with Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60).
12. Termination: This agreement may be terminated at any time, with or without cause, by the City
upon thirty (30) days written notice to the consultant. No further work will be performed by the
consultant upon receipt of this notice unless specifically authorized by the City Manager of the
City of Atlantic Beach. On termination, the consultant will be paid for all authorized services
performed up to the termination date plus, if terminated for the convenience of the City,
reasonable expenses incurred during the close- out of the agreement. The City will not pay for
anticipatory profits. Violation of any local, state, or federal law in the performance of this contract
shall constitute a material breach of this contract, which may result in the termination of this
contract or other remedy, as the City deems appropriate.
13. Public Records: Article 1, Section 24, Florida Constitution, guarantees every person access to all
public records, and Section 119.011(12), Florida Statutes, provides a broad definition of public
record. As such, all responses to a competitive solicitation are public records unless exempt by
law. Any firm claiming that its response contains information that is exempt from the public
records law shall clearly segregate and mark that information and provide the specific statutory
citation for such exemption. Contractors must provide the Sub -recipient, pass-thru entity, Federal
awarding agency, Comptroller General of the United States, or any duly authorized representatives
right of access to any books, documents, papers, or records which are directly pertinent to the
project for the purpose of making audits, examinations, excerpts, and transcriptions.
14. Records Retention: Retention of all required records for six (6) years after final payments are
made and all other pending matters are closed.
15, Convicted Vendor List 287.133(2)(a), F.S.: check the convicted vendors list prior to making any
awards to ensure that contracts greater than $35,000 are not awarded to convicted vendors for a
period of thirty-six (36) months following the date of their placement on the convicted vendors
list.
16. Discriminatory Vendor List 287.134(2)(a), F.S.: check the discriminatory vendors list prior to
making any awards to ensure that contracts are not awarded to vendors on the discriminatory
vendors list.
17. Monthly and Quarterly Monitoring: The selected firm will provide monthly and quarterly
documentation and reports regarding status, changes, and other details as per stipulated grant
requirements for submittal by the City.
EXHIBIT E
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:
City of Atlantic Beach Vulnerability Assessment Update
2. Parties
State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Grantee Name: City of Atlantic Beach
Grantee Address: 800 Seminole Road
Atlantic Beach, Florida 32233
3. Agreement Begin Date:
Upon Execution
4. Project Number: 23PLN09
(If different front Agreement Number)
23PLN09
(Department)
Entity Type: Local Government
FEID: 59-6000267
Date of Expiration:
9/30/2026
Project Location(s): Duval County
(Grantee)
Project Description: The project will conduct a comprehensive Vulnerability Assessment Update pursuant to Section
380.093, Florida Statutes, for City of Atlantic Beach.
5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations:
$ 65,000.00 ❑ State DFederal 197-1123
E State EFederal
(] Grantee Match $
6. Department's Grant Manager
Name: Kayci Carter
Amount per Source(s):
$ 65,000.00
Total Amount of Funding; + Grantee Match, if any: $
Grantee's Grant Manager
Name: Kim Flower
or successor
Address: Resilient Florida Program
2600 Blair Stone Road, MS235
Tallahassee, Florida 32399
Phone: 850-245-8368
Email: Kayci.P.Carter@FloridaDEP.gov
10,000.00
75,000.00
or successor
Address: City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Phone: 904-247-5823
Email: kflower/coab.us
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
lJ 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
❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com in accordance with §215.985, F.S.
E Attachment 8: Federal Regulations and Terms (Federal)
❑ Additional Attachments (if necessary):
E Exhibit A: Progress Report Form
❑ Exhibit B: Property Reporting Form
0 Exhibit C: Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements
❑ Exhibit E: Advance Payment Terms and Interest Earned Memo
0 Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1 808
Additional Exhibits (if necessary): Exhibit F: Final Report Form, Exhibit G: Photographer Release Form, Exhibit 11: Contractual Services
Certification, Exhibit 1: Vulnerability Assessment Compliance Checklist Certification
DEP Agreement No. 23PLN09
Rev. 6/23/23
8. 1 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 Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D?
SLFRP0125
2/6/2023
$65.000
U.S. Department of Treasu,
E Yes ON/A
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless
another date is specified in the grant documents.
City of Atlantic Beach
By Joe Gerrity
(Authorized Signature)
Digitally signed by Joe Gerrity
Date: 2023.08.15 14:52:59 -04'00'
Joseph Gerrity, Interim City Manager
Print Name and Title of Person SigninE
State of Florida Department of Environmental Protection
By �G
Secretary or Designee
Digitally signed by Eddy Bouza
Date: 2023.08.1815:15:59
Eddy Bouza, Program Management Director
Print Name and Title of Person Signing
ID Additional signatures attached on separate page.
DEP Agreement No.
23PLN09
GRANTEE
Date Signed
DEPARTMENT
8/18/2023
Date Signed
Rev. 6/23/23
ORCP Additional Signatures
P. •r
DEP Grant 7Vlana er, Kayci Carter
P QC Reviewer, Ch `ina Rouslin
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
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, 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 parties' Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party 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:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional 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
1of12
Rev. 11/14/2022
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that: (1) the services will be 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. Acceptance of Deliverables.
a. Accentance 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 of receipt, they will be deemed rejected.
b. Reiection 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. Financial Consequences for Nonperformance.
a. Withholdine 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 1% 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.
i. 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
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require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
S. 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://www.myfloridacfo.com/docs-sf/accounting-and-auditin-libraries/state-agencies/reference guide-for-state-
expenditures.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.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
https://www.myfloridacfo.com/division/aa/vendors/ .
j. Refund of Payments to the Department. Any balance of unobligated 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 eovernment, the Grantee shall refund the Department its
k. 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:
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a. Sa1ary/Waees. 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 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-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.
i. 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.
ii. 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 112.061,
F.S.
e. Direct Purchase Eauinment. 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 Euuiament. Match or reimbursement requests for rentalllease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Exnenses. 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; attomey'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
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Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall 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 Reauirements 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 of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Dim, to Maintain Coveraee. 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 Tn),gt. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
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b. Termination for 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 Prenaid 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 Unon 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 Default.
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. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required 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;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. 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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iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. 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 if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL 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:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
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d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in 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. Remedies.
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. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this 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:
i. 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.
ii. 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.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may 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.
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity, at (850) 487-0915.
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23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
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 of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Section 287135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
26. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section
Attachment 1
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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. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five (5) years following the completion date or termination 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: (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dos.myflorida.com/librarv-archives/records-m annem ent/aeneral-records-schedult_ i.
28. Audits.
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:
i. 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,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. 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 of Exhibit 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:
httns:\\arms. fldfs. com\fsaa.
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 Comminaline 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.
Attachment 1
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i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
29. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall 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 of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
33. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
34. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Attachment 1
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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. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
36. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
37. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
38. Compensation Report.
If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation 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. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
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Rev. 11/14/2022
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. 23PLN09
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 City of Atlantic Beach 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. Comnensation. 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, N/A.
❑ ❑ b. Indirect Costs, N/A.
Z Contractual (Subcontractors)
❑ 0 Travel, in accordance with Section 112, F.S.
❑ 0 Equipment
❑ 0 Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
8. Insurance Requirements
Attachment 2
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Rev. 10/11/2022
Reauired Coveraee. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable
$200,000/300,000 Hired and Non -owned Automobile Liability Coverage
c. Workers' Compensation and Employer's Liability Coveraee.
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant.
d. Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
No retainage is required under this Agreement.
11. Subcontracting.
Subcontracting is not permitted under this Agreement.
12. State-owned Land.
The work will not be performed on State-owned land.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Common Carrier.
a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business
transports people or commodities from place to place. If applicable, Contractor must also fill out and
return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section
908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808
15. Additional Terms.
Attachment 2
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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 of 3
Rev. 10/11/2022
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
AGREEMENT NO. 23PLN09
ATTACHMENT 3
PROJECT TITLE: City of Atlantic Beach Vulnerability Assessment Update
PROJECT LOCATION: The Project is located in the City of Atlantic Beach within Duval County,
Florida.
PROJECT DESCRIPTION:
The City of Atlantic Beach (Grantee) will complete the City of Atlantic Beach Vulnerability Assessment
Update Project (Project) to include a comprehensive Vulnerability Assessment (VA) update pursuant to
Section 380.093, Florida Statutes (F.S.).
TASKS AND DELIVERABLES:
Task 1: 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
VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario -related
data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs
380.093(2)(a)1-4, F.S. 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:
• 1.1: A technical report to outline the data compiled and findings of the gap analysis;
• 1.2: A summary report to include recommendations to address the identified data gaps and actions
taken to rectify them, if applicable;
• 1.3: 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 2: 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. GIS files and associated metadata must
DEP Agreement No.: 23PLN09
Page 1 of 3
Rev. 6.26.23
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:
• 2.1: A draft VA report that provides details on the modeling process, type of models utilized, and
resulting tables and maps illustrating flood depths for each flood scenario;
• 2.2: 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 3: 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:
• 3.1: An updated draft VA 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;
• 3.2: 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 4: Final Vulnerability Assessment Report. Maus. and Tables
Description: The Grantee will finalize the VA report pursuant to the requirements in s. 380.093, F.S. The
final VA must include all results from the exposure and sensitivity analyses, as well as a summary of
identified risks. It should contain a list of critical and regionally significant assets that are impacted by
flooding and sea -level rise, specifying for each asset the flood scenario(s) impacting the asset. 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.
Deliverables: The Grantee will provide the following:
• 4.1: Final VA Report that provides details on the results and conclusions, including illustrations
via maps and tables, based on the statutorily -required scenarios and standards in s. 380.093, F.S.;
• 4.2: 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.;
• 4.3: 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 GIS metadata;
• 4.4: A signed Vulnerability Assessment Compliance Checklist Certification (Exhibit I)
PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the
Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The
Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in
the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s),
and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty (30) calendar
days. Tasks may include multiple deliverables to be completed. The Department will accept partial and full
DEP Agreement No.: 23PLN09
Page 2 of 3
Rev. 6.26.23
Task
No.
1
2
3
4
deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a
deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a
single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%)
completion. A "full deliverable" is defined as a deliverable comprising all subcomponents listed in the
deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion.
An "incomplete deliverable" is defined as a deliverable for which one hundred percent (100%) completion
has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is
considered one hundred percent (100%) complete upon the Department's receipt and approval of all
deliverable(s) listed within the task and the Department's approval provided by the Deliverable Acceptance
Letter.
CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the
Department at one hundred percent (100%) completion and by the specified due date listed in the
Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding
Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or
submitted to the Department in a timely manner.
PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's
deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment
request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment
requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form,
detailing all progress made in the invoice period; and supporting fiscal documentation including match, if
applicable. Interim payments will not be accepted. Upon the Department's receipt of the aforementioned
documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10)
working days to review and approve or deny the payment request.
PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding
must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior
to the current task due date listed in the Project Timeline. Requests are to be sent via email to the
Department's Grant Manager, with the details of the request and the reason for the request made clear. Click
or tap here to enter text.
Task Title
Acquire Background
Data
Exposure Analysis
Sensitivity Analysis
Final Vulnerability
Assessment Report,
Maps, and Tables
Rev. 6.26.23
Budget
Category
Contractual
Services
Contractual
Services
Contractual
Services
Contractual
Services
Total:
DEP
Amount
$15,000
$21,500
$16,500
$12,000
$65,000
Match
Amount
$0
$5,000
$2,500
$2,500
$10,000
DEP Agreement No.: 23PLN09
Page 3 of 3
Total
Amount
$15,000
$26,500
$19,000
$14,500
$75,000
Task Start Task Due
Date Date
Upon
Execution
Upon
Execution
Upon
Execution
Upon
Execution
6/30/2026
6/30/2026
6/30/2026
6/30/2026
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 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 119.0701(1)(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. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor 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: ❑ublic.services(n.floridaden.2ov
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
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Rev. 4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department" "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.
AUDITS
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 of 2 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 of 2 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 httos://sam.eov/content/assistance-listines.
Attachment 5
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BGS -DEP 55-215 revised 11/8/2022
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state fmancial 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 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 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 httns://anns.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.lea.state.fl.us/Welcome/index.cfin. State of Florida's website at httn://www.mvflorida.com/.
Department of Financial Services' Website at httn://www.fldfs.com/and the Auditor General's Website at
httn://www.mv florida. com/audeen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This pan' would be used to specs any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
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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 Entry System which can
be found at httn://harvester.censusiov/facweb/
2. Copies of financial reporting packages required by PART 1I of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSineleAudit.rii den.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 (httn://flauditor.eov/1 provides instructions for filing an
electronic copy of a fmancial 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:
FDEPSin &leAudittalden.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
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BGS -DEP 55-215 revised 11/8/2022
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.
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BGS -DEP 55-215 revised 11/8/2022
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program
and show total federal resources awarded
Federal Resources Awarded to the Recipier t Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
A Federal Agency Number CFDA Title Funding Amount Category
Original U.S. Department of
21.027 SLFRP0125 $65,000.00 197-H23
Agreement Treasury
Federal
Program
B
Federal Agency
CFDA
Number
CFDA Title
State
Appropriation
Funding Amount Category
Note: Of the resources awarded 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
Federal
Program
B
BCS -DEP 55-215
Rev,sed 7/2019
Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources)
Etc.
Etc.
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)
Etc.
Etc.
Attachment 5, Exhibit 1
5 of 6
Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each
`ederal prog+am and show total state resources awarded for matching.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matchin4 Resources for Federal Program:
Federal
Program
A Federal Agency CFDA
Federal
Program
B Federal Agency CFDA
CFDA Title
CFDA Title
State
Appropriation
Funding Amount Category
State
Appropriation
Funding Amount Category
Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show
'otal state financial assistance awarded that is subject to section 215.97, F.S.
State Resources Awarded to the Recipient Pursuant to this Agreement Co mist 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 Yearl Number Funding Source Description Funding Amount Category
State CSFA Title State
Program State CSFA or Appropriation
B State Awarding Agency Fiscal Year2 Number Funding Source Description Funding Amount Category
Total Award 1 $65,000.00 1
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 program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[haps://sam.eov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.astix], and
State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [hues://aDns.fldfs.com/fsaa/state proiect compliance.aspx]. The
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.
Subject to change by Change Order.
2 Subject to change by Change Order.
Attachment 5, Exhibit 1
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RCS -DEP 55-215
Revised 7/2019
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM -SPECIFIC REQUIREMENTS
RESILIENT FLORIDA PROGRAM
ATTACHMENT 6
1. Sea Level Impact Proiection Study Regj irement. 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. Convri:2ht. 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: httns://floridaden.eov 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 Proiect Report. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting fmal
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. 2.9.23
Attachment 6
Page 1 of 2
8. Proiect 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. Geogranhic 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: haus://floridaden.gov/rcp/resilient-florida-nro¢ram/documents/resilient-florida-urogram-gi:
standards), and raw data sources shall be defined within the associated metadata.
12. State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local
Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SLFRF
Reporting Requirements Form upon execution of the grant agreement.
Rev 2.9.23
Attachment 6
Page 2 of 2
ATTACHMENT 8
Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds
(SLFRF) Agreements
The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee,
the term "Recipient" shall mean "Grantee."
Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all
lower tier subrecipients/contractors, and to comply with the provisions of the award, the SLFRF implementing
regulation, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated
terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub -
awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract
and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the
Non -Federal Entity and the subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REOUIREMENTS
1. Administrative. Contractual. and LeEtal Remedies
The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies
described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions
of this Contract, including any Federal or State statutes, rules, or regulations, applicable to this Contract, the Non -
Federal Entity may take one or more of the following actions.
A. Temporarily withhold payments pending correction of the deficiency by the Recipient.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Contract.
D. Take other remedies that may be legally available.
The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under
Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund,
either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement.
2. Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Eaual Onnortunitv Clause
The following provision applies if the agreement meets the definition of "federally assisted construction contract"
as defined by 41 CFR Part 60-1.3:
During the performance of this Agreement, the Recipient agrees as follows:
A. The Recipient will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will
take affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following:
i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Recipient agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
B. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the
Recipient, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
C. The Recipient will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part of such employee's
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Rev. 11/15/2022
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the Recipient's
legal duty to furnish information.
D. The Recipient will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Recipient's commitments under this
section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
E. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
F. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
G. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement
or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or
suspended in whole or in part and the Recipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
H. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The Recipient will take such action with respect to any subcontractor purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance.
4. Contract Work Hours and Safety Standards Act
Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or
laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
5. R.ishts to Inventions Made Under Asreement
If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non- Federal
Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements
of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
6. Clean air Act (42 U.S. C. 7401-7671x.1. the Federal Water Pollution Control Act (33 U.S.C. 1251-
13871. and EPA Reeulations
If the Agreement is in excess of $100,000, the Recipient shall comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Attachment 8
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Rev. 11/15/2022
Act as amended (33 U.S.C. 1251-1387), and by the EPA (40 CFR Part 15). Violations must be reported to the
Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA).
i. The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution
Act in each subcontract exceeding $100,000 financed in whole or in part with SLFRF funds.
7. Debarment and Suspension (Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension."
8. Byrd Anti-Lobbvine Amendment (31 U.S.C. 1352)
The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall
disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award,
using form SF -LLL, available at:
httns://annlv07. Brants. eov/ann1v/forms/sample/SFLLL 1 2 P -V 1.2.ndf.
i. Grantees who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any federal contract, grant, or any other award covered by
31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place
in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, up
to the recipient.
9. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act as described in 2 CFR part 200.322.
10. Prohibition on Certain Telecommunications and Video Surveillance Services or Eouinment
The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or
obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to
procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as partof any system. See Section
889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471.
11. Domestic Preferences for Procurement
The Recipients and subrecipients must, to the greatest extent practical, give preference to the purchase,
acquisition, or use of goods, products, or materials produced in the United States in accordance with 2 CFR
200.322.
ADMINISTRATIVE
1. General Federal Reeulations
Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et seq.
2. Rights to Patents and Inventions Made Under a Contract or Asreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations,
which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212.
3. Compliance with the Traffickine Victims Protection Act of 2000 (2 CFR Part 175
Recipients, their employees, subrecipients under this award, and subrecipients' employees may not:
A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
B. Procure a commercial sex act during the period of time that the award is in effect; or
C. Use forced labor in the performance of the award or subawards under the award.
4. Whistleblower Protection
Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261).
Attachment 8
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Rev. 11/15/2022
A. This award, related subawards, and related contracts over the simplified acquisition threshold and all
employees working on this award, related subawards, and related contracts over the simplified
acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award
recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239).
B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition
threshold related to this award, shall inform their employees in writing, in the predominant language of
the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712.
C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in contracts over
the simplified acquisition threshold related to this award; best efforts should be made to include this
clause, including this paragraph C in any subawards and contracts awarded prior to the effective date of
this provision.
5. Notification of Termination (2 CFR 200.3401
In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period
of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes,
regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to
the Office of Management and Budget (OMB) -designated integrity and performance system, accessible through
System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information
System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination and the Federal
requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the
Recipient's rights upon termination and following termination.
6. Additional Lobb, ing Requirements
A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to
engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. § 1601 et seq.), prohibits any organization
described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an
award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not
engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or
subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan
programs or to contracts awarded using proper procurement procedures.
C. Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds
provided by this Agreement for membership dues to any entity or organization engaged in lobbying
activities.
7. Increasing Seat Belt Use in the United States
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Grantee is encouraged to adopt and
enforce on-the-job seat belt policies and programs for its employees when operating company-owned,
rented or personally owned vehicles.
8. Reducing Text Messaging While Driving
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Grantee is encouraged to adopt and enforce
policies that ban text messaging while driving and establish workplace safety policies to decrease accidents
caused by distracted drivers.
9. Uniform Relocation Assistance and Real Pronertv Acauisitions Act of 1970
Where applicable, 42 U.S.C. §§ 4601-4655 and implementing regulations apply to this Agreement.
COMPLIANCE WITH ASSURANCES
1. Assurances
Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal
Government during the Grant application process.
FEDERAL REPORTING REOUIREMENTS
1. FFATA
Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after Octoberl,
2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006.
The FFATA legislation requires that information on federal awards (federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is www.USASnending.gov.
Attachment 8
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Rev. 11/15/2022
The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department
to comply with this requirement.
DEPARTMENT OF TREASURY -SPECIFIC
1. Civil Rights Comnliance
Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to
nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities
receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate
on the basis of race, color, national origin, (including limited English proficiency), disability, age, or sex (including
sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973
(Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education
Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR
28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department of Treasury
implementing regulations at 31 CFR part 23.
The Department of Treasury will request information on recipients' compliance with Title VI of the Civil Rights
Act of 1964, as applicable, on an annual basis. This information may include a narrative descripting the recipient's
compliance with Title VI, along with other questions and assurances.
SLFRF-SPECIFIC
1. Period of Performance
All funds from SLFRF must be obligated by December 31, 2024 and expended by December 31, 2026.
2. Equipment and Real Property Management
Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance
at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the
originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real
property acquired using SLFRF funds shall vest in the non -Federal entity. Any acquisition and maintenance of
equipment or real property must also be in compliance with relevant laws and regulations.
SLFRF INFRASTRUCTURE PROJECTS
For all infrastructure projects, the Grantee shall provide the following project information on a quarterly basis
to the Department:
i. Projected/actual construction start date (month/year)
ii. Projected/actual initiation of operation date (month/year)
iii. Location details
SLFRF INFRASTRUCTURE PROJECTS OVER S10 MILLION
For infrastructure projects over $10 million, the following provisions apply:
1. Wage Certification
Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance
of such project are paid wages at the rates not less than those prevailing, as determined by the
U.S. Secretary of Labor in accordance with the Davis -Bacon Act, for the corresponding classes of laborers and
mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in
which the work is to be performed. If the Grantee does not provide such certification, the Grantee must provide
a project employment and local impact report detailing:
i. The number of employees of contractors and sub -contractors working on the project;
ii. The number of employees on the project hired directly and hired through a third party;
iii. The wages and benefits of workers on the project by classification; and
iv. Whether those wages are at rates less than those prevailing.
Grantee must maintain sufficient records to substantiate this information upon request.
2. Proiect Labor Agreements
Grantees may provide a certification that the project includes a project labor agreement, meaning a pre -hire
collective bargaining agreement consistent with the section 8(f) of the National Labor Relations Act (29
U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project
Attachment 8
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Rev. 11/15/2022
workforce continuity plan, detailing:
i. How the Grantee will ensure the project has ready access to a sufficient supply of
appropriately skilled and unskilled labor to ensure high-quality construction throughout the
life of the project;
ii. How the Grantee will minimize risks of labor disputes and disruptions that would
jeopardize timeliness and cost-effectiveness of the project;
iii. How the Grantee will provide a safe and healthy workplace that avoids delays and costs
associatedwith workplace illnesses, injuries, and fatalities;
iv. Whether workers on the project will receive wages and benefits that will secure and
appropriately skilled workforce in the context of the local or regional labor market; and
v. Whether the project has completed a labor agreement.
3. Other Renortine Requirements
Grantees must report whether the project prioritizes local hires and whether the project has Community
Benefit Agreement, with a description of any such agreement, if applicable.
SLFRF WATER & SEWER PROJECTS
For water and sewer projects, Grantees shall provide the following information to the Department once the project
starts, as appliable:
i. National Pollutant Discharge Elimination System (NPDES) Permit Number, for projects aligned
with the Clean Water State Revolving Fund
ii. Public Water System (PWS) ID number, for projects aligned with the Drinking Water State
Revolving Fund.
Attachment 8
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Rev. 11/15/2022
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.
httas://floridadeta. aov/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://floridadep. R ov/Resilient-Florida-Program/Grants
Exhibit C, Page 1 of 1
Rev 12/02/19
EXHIBIT F
DEP AGREEMENT NO. 23PLN09
CITY OF ATLANITC BEACH VULNERABILITY ASSESSMENT UPDATE
City of Atlantic Beach
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 # 23PLN09
Page 1
6/30/2023
Part II. Methodology
Part III. Outcome
Include the following: 1) evaluation ofproject's ability to meet goals and expected performance measures and provide
explanation for why goals were not met, if applicable; 2) identify successful outcomes, areas for improvement, and
quantifiable metrics (including the assigned metric in Exhibit A, if applicable) as a result of the project; and 3) final
project photos, if an implementation construction project.
Part IV. Further Recommendations
Instructions for completing Exhibit F Final Project Report Form:
DEP AGREEMENT NO.: This is the number on your grant agreement.
GRANTEE NAME: Enter the name of the grantee's agency.
PROJECT TITLE: Enter the title shown on the first page of the grant agreement.
MONTH & YEAR: Enter month and year of publication
The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and
Further Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreement. Please limit the fmal 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 # 23PLN09
Page 2
6/30/2023
Florida Department of Environmental Protection
EXHIBIT G
PHOTOGRAPHER RELEASE FORM
FOR PHOTOGRAPHS. VIDEOS, AUDIO RECORDINGS AND ARTWORKS
DEP AGREEMENT NO: 23PLN09
RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter's Name:
Address:
City: State: Zip:
Phone Number: ( 1 Email:
License and Indemnification
I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and
am eighteen (18) years of age or older.
I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to
distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the
"Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to:
1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements,
etc.); and
2. Distribution to the media; and
3. Use in commercial products.
The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate
by the Florida Department of Environmental Protection. No Work will be returned once submitted.
I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever
for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights
or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of
any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other
individual or entity.
1 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
Exhibit G, DEP Agreement #: 23PLN09
11/19/2021 Page 1 of 1
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: 23PLN09
Project Title: City of Atlantic Beach Vulnerability Assessment Update
Grantee: City of Atlantic Beach
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
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: 23PLN09
Project Title: City of Atlantic Beach Vulnerability Assessment Update
Grantee: City of Atlantic Beach
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
ID Included
Item Description
Page Reference
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 11 Geospatial data in an electronic file format.
c
0 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)1. and 380.093(3)(d)2., F.S.
Item Check if
ID Included
0
Rev. 1/18/2023
Item Description
Peril of Flood Compliance Plan amendments developed that
address paragraph 163.3178(2)(f), F.S., if applicable.
Exhibit I
1 of 3
Page Reference
in VA Report
(if applicablei
❑ 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)
0 NOAA data ❑ FEMA data
❑ Initial storm surge event equals or exceeds current 100 -year
flood event.
❑ 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
applicable)
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
O combination of tidal, storm surge, and rainfall -induced flooding.
(optional)
Part 3 — Subparagraph 380.093(3)(d)3., F.S.
Item Check if
ID Included
Item Description
Page Reference
in VA Report
(if applicable)
o ❑ 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 of 3
Rev. 1/18/2023
Identify all counties and municipalities that are included in this Vulnerability Assessment:
I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability
Assessment Compliance Checklist is true and accurate as of the date of the signature below.
Grantee's Grant Manager Signature
Print Name
Date
Exhibit I
3 of 3
Rev. 1/18/2023
COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION
FORM
(PUR 1808)
This form must be completed by a Common Carrier or contracted carrier and submitted to the
Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized
terms used herein have the definitions ascribed in section 908.111, F.S.
Name of Common Carrier or contracted carrier is not willfully providing and will not willfully
provide any service during the Contract term in furtherance of transporting a person into this
state knowing that the person is an Unauthorized Alien, except to facilitate the detention,
removal, or departure of the person from this state or the United States.
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts
stated in it are true.
1 Printed Name:
Title:
Signature: Date:
PUR 1808 (08/22)
Page 1 of 1 60A-1.020, F.A.C.