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HomeMy WebLinkAboutReso 2025-3848RESOLUTION NO. 2025 - 3 48 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PROJECT AGREEMENT WITH KEITH AND ASSOCIATES, INC., d/b/a KEITH, TO CONDUCT A COMPREHENSIVE VULNERABILITY ASSESSMENT, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-SEVEN THOUSAND DOLLARS AND NO CENTS ($257,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 211t, 2021, via Resolution No. 2021-3160, the City Commission of the City of Sunny Isles Beach ("City") short listed six (6) civil engineering firms, in response to Request for Qualifications No. 20-07-01 for Continuing Professional Services ("RF(X"), pursuant to the Consultants' Competitive Negotiation Act; and WHEREAS, the City requested general civil engineering services as one of several disciplines listed in the RFQ; and WHEREAS, Keith and Associates, Inc., d/b/a/ Keith ("Firm") was one of the six (6) firms short listed to provide general civil engineering services to the City, and entered into a Continuing Services Agreement to provide said Services on an as needed basis; and WHEREAS, the City is in need of a firm to conduct a comprehensive vulnerability assessment to examine the City's exposure to high tide flooding, storm surge, and compound flooding, analyze those risks, develop recommendations for adaptation (the "Services"); and WHEREAS, after careful review and consideration, the City Manager has determined that based on relevant experience, qualification, and past performance, the Firm is uniquely positioned to provide the City with the desired Services for the Project; and WHEREAS, the Firm has expressed the ability and desire to provide these Services and has submitted a proposal; and WHEREAS, the City Commission wishes to enter into a Project Agreement with the Firm to provide the desired Services, in an amount not to exceed Two Hundred Fifty -Seven Thousand Dollars and No Cents ($257,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Project Agreement. The City Commission hereby approves a Project Agreement with Keith and Associates, Inc., d/b/a/ Keith to provide the desired Services, in an amount not to exceed Two Hundred Fifty -Seven Thousand Dollars and No Cents ($257,000.00), attached hereto as Exhibit "A". R2025 Project Agmt w Keith for Vulnerability Assessment Page 1 of 2 Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 17th day of" 2025. Larisa Shechin, Mayor ATTEST��, AND LOEGALVED SUFFOICIEONCY: MaurAo Betancur,ICMC, City Clerk *1ainE.ileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:6J"55ZPPr& Seconded by - Vote: Mayor Svechin ( lmuy' ) (Yes) (No) Vice Mayor Lama rr'',, (Yes) (No) Commissioner Joseph _(Yes) (No) Commissioner Stuyvesant ✓(Yes) (No) Commissioner Viscarra (Yes) (No) R2025 Project Agmt w Keith for Vulnerability Assessment Page 2 of 2 PROJECT AGREEMENT Between THE CITY OF SUNNY ISLES BEACH And KEITH AND ASSOCIATES, INC. D/B/A KEITH For VULNERABILITY ASSESSMENT Pursuant to the provisions contained in the Continuing Services Agreement between the City of Sunny Isles Beach ("City") and Keith and Associates, Inc. d/b/a Keith ("Consultant") for Professional Civil Engineering Services pursuant to Request for Qualifications No. 20-07-01 (hereinafter referred to as "Continuing Services Agreement") dated April 30, 2021, this Project Agreement (hereinafter referred to as "Agreement") authorizes the Consultant to provide the services as set forth below: SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT 1.1 All terms and conditions of the Continuing Services Agreement between the City and the Consultant dated April 30, 2021, not specifically modified by this Agreement shall remain in full force and effect and are incorporated into and made a part of this Agreement by this reference as though set forth in full. SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY 2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is professionally qualified to act as the Consultant for the Project (hereinafter referred to as "the Project") and is licensed to practice engineering by all public entities having jurisdiction over the Consultant and the Project. The Consultant further represents to the City that the Consultant will maintain all necessary licenses, or other authorizations necessary to act as Consultant for the Project until Consultant's duties hereunder have been completed. The Consultant shall be responsible for providing all necessary subconsultants required for the successful completion of the work as outlined in EXHIBIT "1," Scope of Services, and EXHIBIT "2," State of Florida Department of Environmental Protection Grant Agreement No. 25PLN25. Consultant shall fully comply with all requirements and adhere to all terms and conditions of EXHIBIT "2," State of Florida Department of Environmental Protection Grant Agreement No. 25PLN25. Consultant's failure to comply and adhere to all requirements of the Grant Agreement shall constitute a material breach of this Agreement. The Consultant assumes full responsibility to the City for the improper Page 1 of 10 acts, negligence, and omissions of its subconsultants and of all others employed or retained by the Consultant in connection with the Project. 2.2 VERIFICATION OF CITY DOCUMENTS AND PROJECT REQUIREMENTS 2.2.1 Execution of this Agreement by the Consultant constitutes a representation that the Consultant has become familiar with the conditions and requirements under which the Project is to be implemented, as well as the requirements of EXHIBIT "2," State of Florida Department of Environmental Protection Grant Agreement No. 25PLN25. 2.2.2 Consultant shall review, examine, and verify the documents and information furnished by the City concerning the Project, including EXHIBIT "2," State of Florida Department of Environmental Protection Grant Agreement No. 25PLN25. The Consultant shall be solely responsible for any inaccuracies or conflicts that might have been detected or avoided by such verification. 2.3 PRELIMINARY WORK 2.3.1 The Consultant shall review and examine the information, including any desired schedule and budgetary requirements, furnished by the City to understand the requirements of the Project and shall review its understanding of such requirements with the City. 2.3.2 The Consultant shall furnish to the City a preliminary written evaluation of such information in light of any Project budget requirements. 2.3.3 Reserved. 2.3.4 Reserved. 2.3.5 Reserved. 2.4 Reserved. 2.5 Reserved. 2.6 Reserved. 2.7 SERVICE SCHEDULE 2.7.1 Upon receipt of a Notice to Proceed and the fully executed Purchase Order, the Consultant shall commence services to the City and shall continuously perform services to the City, without interruption, in accordance with the time frames set forth in the "Project Schedule," a copy of which is attached and incorporated into this Agreement as EXHIBIT "1." The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, which ever shall last occur, shall constitute the Contract Time. Page 2 of 10 2.7.2 No Damages for Delay: The Consultant shall not be entitled to any claim for damages including, but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental and similar costs on account of delays in the progress of the Project from any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in procuring permits, differing site conditions, unavoidable casualties or other cause beyond the Consultant's control, or by delay authorized by the City, or by other causes which the Consultant determines may justify delay. The Consultant's sole recovery and remedy for any such delay shall be a reasonable extension of time and a revision to the Project Schedule as determined by the City. However, additional costs to the Consultant or delays in the Consultant's performance caused by improperly timed activities shall not be the basis for granting a time extension. If the Consultant wishes to make a claim for an increase in time of performance, written notice of such claim shall be made to the City within three (3) working days after the occurrence of the event, or the first appearance of the condition giving rise to such claim. The City's representative shall determine whether the Consultant is entitled to a time extension for the delay. The failure of the Consultant to give such notice shall constitute a waiver of any claim under this section. 2.8 PERSONNEL 2.8.1 The Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those supervisory or primary functions indicated: NAME FUNCTION Alex Lazowick President So long as the individuals named above remain actively employed or retained by the Consultant, they shall perform the functions indicated next to their names. Furthermore, the City reserves the right to reject any proposed substitution for any of the above named individuals, and the City shall have the further right to require that any individual assigned to the Project by the Consultant be removed from the Project and reassigned for good cause. SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT 3.1 The City shall provide the Consultant with adequate information regarding the City's and the State of Florida's requirements for the Project and any budgetary requirements, upon which the Consultant shall be entitled to rely. 3.2 The City shall review any documents submitted by the Consultant requiring the City's decision, and shall render any required decision pertaining thereto in a timely fashion. 3.3 The City shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law. 3.4 If the City becomes aware of any fault or defect in the Project, prompt notice thereof shall be given by the City to the Consultant. Page 3 of 10 3.5 The City shall perform those duties expeditiously as may reasonably be Consultant's services and of the work. set forth in Sections 3.1 through 3.4 as necessary for the orderly progress of the 3.6 The City's review of any documents prepared by the Consultant or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the City's Project and intent. No review of such documents shall relieve the Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. SECTION 4 Reserved. SECTION 5 BASIS OF COMPENSATION 5.1 The City shall compensate the Consultant for an amount not to exceed Two Hundred Fifty - Seven Thousand Dollars and No Cents ($257,000.00). Billings for each phase shall not exceed the amount allocated to each phase. 5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated for work completed for each of the following tasks: Task 1 — Acquire Background Data ................ Task 2 — Exposure and Sensitivity Analyses.. $25,000.00 $111,000.00 Task 3 — Final Vulnerability Assessment Report ....................................... $50,000.00 Task 4 — Draft Adaptation Needs and Strategies ........................................ $25,000.00 Task 5 — Community Prioritization of Adaptation Needs ............................ $6,000.00 Task 6 — Final Adaptation Plan................................................................... $30,000.00 Task 7 — Public Outreach and Stakeholder Engagement ............................ $10,000.00 5.3 Performance of this Agreement, and Compensation to Consultant thereto are solely contingent upon full funding by the State of Florida of Grant Agreement No. 25PLN25. If funding by the State does not occur or is otherwise terminated or revoked for any reason, this Agreement shall be terminated. 5.4 Reserved. 5.5 If the scope of the Consultant's services are changed materially through no fault of the Consultant, compensation due to the Consultant shall be equitably adjusted, either upward or downward. Page 4 of 10 SECTION 6 BILLING AND PAYMENTS TO CONSULTANT 6.1 Billing by the Consultant shall be in accordance with EXHIBIT "1" of this Agreement. Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the Continuing Services Agreement and EXHIBIT "1" of this Agreement. 6.2 Reserved. SECTION 7 TERM 7.1 This Agreement shall commence on the date this instrument is fully executed by all parties and shall continue in full force and effect for a term of seventeen (17) months from the date of issuance by City of a Notice to Proceed, unless otherwise terminated pursuant to Section 8.1 or 8.2, or other applicable sections of this Agreement. SECTION 8 TERMINATION 8.1 TERMINATION FOR CAUSE 8.1.1 This Agreement may be terminated by either party upon seven (7) days' written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination. In the event of a termination for cause, the Consultant shall be entitled to receive compensation for any work completed pursuant to the Agreement to the satisfaction of the City through the date of termination, less any amounts which the City reasonably deems necessary to withhold in order to correct any defects or deficiencies in the work performed by the Consultant. In no event shall the City pay for profit or overhead on work not performed. 8.2 TERMINATION FOR CONVENIENCE 8.2.1 This Agreement may be terminated by the City without cause upon ten (10) days' written notice to the Consultant. In the event of such a termination without cause, the Consultant shall be compensated for all services completed pursuant to this Agreement to the satisfaction of the City up to and through the date of termination, together with Reimbursable Expenses incurred. In such event, the Consultant shall promptly submit to the City its invoice for final payment and reimbursement which invoice shall comply with the provisions of Section 2.5 of EXHIBIT "F" of the Continuing Services Agreement. 8.2.2 Under no circumstances shall the City make payment of profit or overhead for work that has not been performed. Additionally, the City shall not make payment for the following items: 8.2.2.1 Anticipated profits or fees to be earned on completed portions of the work; 8.2.2.2 Consequential damages; Page 5 of 10 8.2.2.3 Costs incurred in respect to materials, equipment or services purchased or work done in excess of reasonable quantitative requirements of this Agreement; 8.2.2.4 Expenses of Consultant due to the failure of Consultant or its subconsultants to discontinue the work with reasonable promptness after notice of termination has been given to the Consultant; and 8.2.2.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal Revenue Code Section 1231 assets. 8.2.2.6 Damage or loss caused by delay. 8.3 Assignment Upon Termination. Upon termination of this Agreement, the work product of the Consultant shall become the property of the City and the Consultant shall within ten (10) working days of receipt of written direction from the City, transfer to either the City or its authorized designee, all work product in its possession, including but not limited to, designs, specifications, drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining to this Agreement. Upon the City's request, the Consultant shall additionally assign its rights, title and interest under any subcontractor's agreements to the City. All work product provided under this Section shall be used solely for its intended purpose. SECTION 9 SEVERABILITY 9.1 If any term or provision of this Agreement or its application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGES TO FOLLOW] Page 6 of 10 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: the City, signing by and through its Mayor, attested to by its City Clerk, duly authorized to execute same and by Keith and Associates, Inc. d/b/a Keith, signing by Alex Lazowick and through its President duly authorized to execute same. (SEAL) CITY CITY OF LN S BEACH, FLORIDA 1-1 day of June, 2025. Approved as to form for the City: By: lain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Page 7 of 10 AUTHENTICATE: Secretary UIZm0h Please type name of Secretary rJ70Z vwi��t ---- 'Jell r<1-7 CONSULTANT KEITH & ASSOCIATES, INC., d/b/a KEITH By: ex Lazowick, President A day of June, 2025. (CORPORATE SEAL) Page 8 of 10 EXHIBIT "2" STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT NO.25PLN25 Page 10 of 10 Docusign Envelope ID: AADFOE75-B4D9-497C-9EO1-CC295BDCOA36 0 r KEITH Engineering Inspired Design. WORK AUTHORIZATION PURSUANT TO THE CONTINUING PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF OF SUNNY ISLES BEACH AND KEITH AND ASSOCIATES, INC. (KEITH) May 1, 2025 WORK AUTHORIZATION NO. # 11 TASK ORDER NO. (CITY No. TBD) PROJECT NO.11723.11 (KEITH) PROJECT NAME: Vulnerability Assessment PROJECT The City of Sunny Isles Beach (OWNER) has requested that KEITH (CONSULTANT) complete a comprehensive Vulnerability Assessment (VA) in accordance with the approved Florida Department of Environmental Protection (FDEP) grant agreement 25PLN25 which is titled "City of Sunny Isles Beach Comprehensive Vulnerability Assessment and Adaptation Plan" and pursuant to Section 380.093, Florida Statute (F.S.) as effective July 1, 2024. The Project will examine the exposure of the CITY's critical assets to high tide flooding, storm surge, and compound flooding, analyze those risks, develop recommendations for adaptation, and engage residents in focus group discussions about the results. The VA will identify how and to what degree the CITY's assets and critical infrastructure are vulnerable to climate impacts and sea level rise. The assessment will employ National Oceanic and Atmospheric Administration's (NOAA) sea level rise projects, Federal Emergency Management Agency (FEMA) storm surge depth grides, Light Detection and Ranging (LiDAR) digital elevation models (DEM), and CITY and Broward County Geographic Information Systems (GIS) datasets to assess the vulnerability of the CITY's public assets and infrastructure to a changing climate. The goal of the VA is to identify at -risk CITY assets by assessing their exposure and sensitivity and then prioritizing them with the help of CITY staff. Sensitivity levels indicate the degree to which an asset might be at risk by determining how much exposure it receives. www.KEITHteam.com Pompano Beach (HQ) 9 Miami s West Palm Beach s Orlando • Port Saint Lucie Docusign Envelope ID: AADFOE75-B4D9-497C-9EO1-CC295BDCOA36 May 1, 2025 / Page 2 of 9 11723.11 —Vulnerability Assessment City of Sunny Isles Beach SCOPE OF SERVICES CIVIL ENGINEERING SERVICES Task 1 Acquire Background Data CONSULTANT will research and compile the data needed to perform the Vulnerability Assessment (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. 1) CONSULTANT will work directly with the CITY to identify critical public infrastructure within City limits. This critical infrastructure may include key transportation routes, hospitals, police and fire stations, schools, stormwater, wastewater, water supply, utilities, natural resources, and cultural resources susceptible to coastal flooding. This collaboration may include phone conferences, in-person meetings, and site visits with CITY staff to assess key infrastructure to be considered. County and CITY GIS datasets will be assessed for the depth and breadth of information available to aid in the identification of publicly owned assets and critical infrastructure. Potential Data Sources include but are not limited to: a. Property/parcel geo-referenced data (public, historic, natural resources, land use) — sourced from Florida Geospatial Open Data, local water management districts — Florida Land Use, Cover, and Forms Classification System (FLUCCS), Florida Master Site File — Division of Historical Resources, locally sourced county, and municipality data. b. Critical Facilities — sourced from Florida Division of Emergency Management (FDEM) Critical Facilities Inventory, United States Geological Survey (USGS) Geographic Names Information System, FEMA / Dept. of Homeland Security, locally sourced county, and municipality data. c. Flood Elevation Certificates — sourced from FDEM Elevation Certificates, locally sourced county, and municipality data. d. Roadway/Transportation Network data — sourced from USGS The National Map transportation layer, U.S. Department of Homeland Security Homeland Infrastructure Foundation -Level Data, OpenStreetMap, Florida Department of Transportation (FDOT) Open Data Hub, NavTeq / HERE roads database. e. Building Footprints — sourced from Microsoft/Esri, Google, locally sourced county and municipality property appraiser data. 2) Existing topographic data will be used and may include sources such as the FDEM Elevation Certificates, locally sourced county and municipality data of Finished First Floor Elevations (FFEs) and roadway crests for selected critical assets, and topographic LiDAR, DEM data sourced from NOW , Florida Geospatial Open Data, local water management district GIS hubs, USGS National Elevation Dataset, and locally sourced county and municipality data. No new data will be collected for this project. 3) Flood scenario -related data: a. Sea level rise (SLR) projections — sourced from NOAA's 2022 intermediate -low and intermediate SLR projections for 2050 and 2080. b. Tidal datums and tidal flooding — sourced from NOAA Tides and Currents website, NOAA Digital Coast SLR viewer, Florida Flood Hub. c. Storm surge — sourced from FEMA flood depth grids and water surface elevation grids (which are non -regulatory products provided to local municipalities), National Hurricane Center's Sea, Lake, and Overland Surges from Hurricanes (SLOSH) model, United States Army Corps of Engineers (USACE) Coastal Hazards System South Atlantic Coastal Study (SACS). Storm surge data used must be equal to or exceed the Engineering Inspired Design. 1 Docusign Envelope ID: AADFOE75-B4D9-497C-9EO1-CC295BDCOA36 May 1, 2025 / Page 3 of 9 11723.11 —Vulnerability Assessment City of Sunny Isles Beach 100 -year return period (1% annual chance) flood event. d. Land use data — sourced from the OF GeoPlan Center future land cover data for the entire state, which is updated annually as more data become available from various municipalities. Florida 2060 and Florida 2070 projects land use scenarios (UF GeoPlan Center, 2022). Local water management districts, counties, and the CITY. The identified critical CITY assets will be assembled in GIS. The GIS metadata should incorporate a layer for each of the four asset types as defined in s. 380.093(2)(a) 1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards, and raw data sources will be defined within the associated metadata. In the process of researching background data, the CONSULTANT will identify data gaps, where missing data or low -quality information may limit the VA's extent or reduce the accuracy of the results. The CONSULTANT will present the CITY with recommendations to address the identified data gaps. The CITY will determine if funding is available and take remedial action to rectify any gaps of necessary data, if applicable. Deliverables: CONSULTANT 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 CITY as well as regionally significant assets that are classified and as defined in s. 380.093(2)(a) 1-4, F.S. Task 2 Exposure and Sensitivity Analysis CONSULTANT will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. Pursuant to s. 380.093, F.S., the following scenarios and standards will be used for the exposure analysis: 1) All analyses performed in North American Vertical Datum of 1988 (NAVD88). 2) Two local sea -level rise scenarios; the 2022 NOAA Intermediate -Low and Intermediate sea level rise projections. 3) Two planning horizons that include planning horizons for the years 2050 and 2080. 4) Local sea level data that has been interpolated between the two closest NOAA tide gauges. Local sea level data may be taken from one such gauge if the gauge has higher mean sea level. Data taken from an alternate gauge may be used with appropriate rationale and FDEP approval if it is publicly available or submitted to the FDEP. 5) Encompass the entire CITY and include all critical assets owned or maintained by the CITY. 6) The exposure analysis will use the most recent publicly available DEM which meets the defined minimum standard of 3 -meter cell size. 7) The "Modified Bathtub Model," pursuant to the 2017 NOAA publication Detailed Method for Mapping Sea Level Rise Inundation (NOAA, 2017), will be used to identify all potentially flooded areas. Pursuant to s. 380.093, F.S., the water surface depths (i.e., flood scenarios) used to evaluate assets will include the following data: 1) Tidal flooding, including future high tide flooding, must use thresholds published and provided by the FDEP. The analysis should also geographically display the number of tidal flood days expected for each scenario and planning horizons. 2) Current and future storm surge flooding, using publicly available NOAA or FEMA storm surge data. The initial storm surge event used must equal or exceed the current 100 -year Engineering Inspired Design. 0 Docusign Envelope ID: AADFOE75-B4D9-497C-9EO1-CC295BDCOA36 May 1, 2025 / Page 4 of 9 11723.11 —Vulnerability Assessment City of Sunny Isles Beach flood event. 3) Rainfall -induced flooding using spatiotemporal analysis. 4) Compound flooding or the combination of tidal, storm surge, and rainfall -induced flooding (as applicable/practicable). GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards and raw data sources will be defined within the associated metadata. CONSULTANT will perform the sensitivity analysis to measure the impact of flooding on assets by applying the data from Exposure Analysis to the inventory of critical assets created in Task 1. 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: CONSULTANT will provide the following: 1) a 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) 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; and 3) 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 3 Final Vulnerability Assessment Report CONSULTANT will prepare a final Vulnerability Assessment (VA) report pursuant to the requirements in s. 380.093, F.S. CONSULTANT will identify critical focus areas that are particularly vulnerable, following the guidelines in Chapter 2 of the Florida Adaptation Planning Guidebook. The final VA will include all results from the data collection, exposure and sensitivity analyses, as well as a summary of identified risks and assigned focus areas. It will 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, and raw data sources will be defined within the associated metadata. Deliverables: CONSULTANT will provide the following: 1) Final Vulnerability Assessment Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutory -required scenarios and standards in s. 380.093, F.S.; 2) a final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset.; 3) all electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata; and 4) a signed Vulnerability Assessment Compliance Checklist Certification. Task 4 Draft Adaptation Needs and Strategies The Adaptation Plan (AP) is intended to develop a path forward to increase the resiliency of the CITY's critical assets. CONSULTANT with assistance from the CITY will develop an AP consistent with the Florida Adaptation Guidebook and includes the following: assessment of adaptive capacities, ranking of adaptation needs, and identification of adaption strategies. CONSULTANT will categorize the identified adaptation strategies and evaluate them for efficacy in Engineering Inspired Design. 1 Docusign Envelope ID: AADFOE75-B4D9-497C-9EO1-CC295BDCOA36 May 1, 2025 / Page 5 of 9 11723.11 —Vulnerability Assessment City of Sunny Isles Beach implementation within the focus areas identified in Task 3. The AP will be presented in case -study format with supporting maps and table. The AP will also include a list of prioritized projects by the CITY, for each asset class as defined in subsection 380.093(2), F.S., for consideration and implementation. Deliverables: CONSULTANT will provide the following: 1) draft Vulnerability Assessment Report that includes the adaptation action plan and; 2) Maps and tabulation of hot -spot flooding areas and associated adaptation strategies. Task 5 Community Prioritization of Adaptation Needs CONSULTANT will conduct a public meeting to develop a prioritization of adaptation needs for the community. The Grantee will present the draft Adaptation Plan (AP) that includes the following: assessment of adaptive capacities, adaptation needs, and identification of adaptation strategies. The purpose of the meeting is to allow the public to provide community -specific input on the identified adaptation needs and strategies as identified in the draft AP as well as an opportunity to prioritize adaptation needs. The CITY will prepare all social media notifications, meeting invitations. CONSULTANT will provide meeting materials, presentation, and graphics utilized during the meeting, as applicable. Deliverables: CONSULTANT will provide the following: 1) public presentation meeting agenda and minutes and; 2) Meeting sign -in sheets with attendee names and affiliation and; 3) presentation and materials created in preparation of or for distribution at the meeting and; 4) memorandum to include attendee input and meeting outcomes. Task 6 Final Adaptation Plan CONSULTANT will incorporate any feedback from Task 5 and complete an AP that is consistent with the Florida Adaptation Planning Guidebook. The AP will also include a list of prioritized projects for each asset class as defined in subsection 380.093(2), Florida Statutes, for consideration and implementation. CONSULTANT will work with CITY to integrate the adaptation plan into the planning documents such as the CITY's stormwater master plan, capital improvement plan, and the Local Mitigation Strategy (LMS). The results of the Vulnerability Assessment can be used to inform a Local Mitigation Strategy (LMS) as required by the Florida Department of Emergency Management (FDEM). The LMS is usually developed at the County level and serves to reduce the risks associated with natural and man-made disasters, including sea level rise. The CONSULTANT will work with the Local Mitigation Strategy Working Group (LMSWG) to ensure the Vulnerability Assessment Report is aligned with the existing county LMS Plan and will be utilized during the planning process of future county LMS Plan updates. Deliverables: CONSULTANT will provide the following: 1) final Adaptation Plan to the City for review and submittal to FDEP and; 2) Memorandum explain how the Vulnerability Assessment is aligned with the county LMS plan so it may be incorporated as a reference in updating the next iteration of the LMS plan, i.e., utilized in the next five-year update. Task 7 Public Outreach and Stakeholder Engagement CONSULTANT will conduct public outreach meetings and stakeholder engagement for the project. Project meetings will be conducted to ensure effective project execution, stakeholder engagement, and compliance with grant requirements. Meeting types include, but are not limited to, the types and descriptions below: Engineering Inspired Design. 1 Docusign Envelope ID: AADFOE75-B4D9-497C-9EO1-CC295BDCOA36 May 1, 2025 / Page 6 of 9 11723.11 —Vulnerability Assessment City of Sunny Isles Beach Kick-off Meeting Upon notice to proceed CONSULTANT will schedule a virtual (via Teams, etc.) kick-off meeting with the CITY to discuss the project scope, schedule, deliverables and steering committee representatives. CONSULTANT will prepare a sign -in sheet and prepare meeting materials as necessary. Public Presentation of VA CONSULTANT, in coordination with the CITY, will conduct a public meeting to present the results from the exposure analysis, sensitivity analysis, and draft Vulnerability Assessment. The purpose of this meeting is to allow the public to provide community -specific input on the results of the analysis and to reconsider methodologies and assumptions used in the analysis for refinement. Additionally, during this meeting, the CONSULTANT will conduct exercises to encourage the public to prioritize focus areas of flooding, and the critical assets. CONSULTANT understands this meeting will occur at a regularly scheduled CITY Commission meeting. CONSULTANT will prepare meeting agenda, materials, presentations and graphics utilized during the meeting, based on prior approval from the CITY. The CITY will be responsible for preparing all social media notifications, meeting invitations, indicating location, date, and time of meeting; sign -in sheets identifying the number of citizens, steering committee attendees, and county/municipality staff attendees; presentation(s) from the meeting; if available, video or audio recording from the meeting posted to public webpage. Public Presentation of AP CONSULTANT, in coordination with the CITY, will conduct a public meeting to present the results from the findings from the final VA and provide recommendations of actions for adaptation strategies and future project funding. The presentation will inform the public of the results and the future risk of sea level rise and increased flooding and encourage community participation when identifying mitigation strategies to address the flooding vulnerabilities. CONSULTANT understands this meeting will occur at a regularly scheduled CITY Commission meeting. CONSULTANT will prepare meeting agenda, materials, presentations and graphics utilized during the meeting, based on prior approval from the CITY. The CITY will be responsible for preparing all social media notifications, meeting invitations, indicating location, date, and time of meeting; sign -in sheets identifying the number of citizens, steering committee attendees, and county/municipality staff attendees; presentation(s) from the meeting; if available, video or audio recording from the meeting posted to public webpage. Deliverables: CONSULTANT will provide the following: 1) public presentation meeting agenda and minutes and; 2) Meeting sign -in sheets with attendee names and affiliation and; 3) presentation and materials created in preparation of or for distribution at the meeting and; 4) memorandum to include attendee input and meeting outcomes. Engineering Inspired Design. 1 Docusign Envelope ID: AADFOE75-B4D9-497C-9EO1-CC295BDCOA36 May 1, 2025 / Page 7 of 9 11723.11 —Vulnerability Assessment City of Sunny Isles Beach PROJECT SCHEDULE Subsequent to the issuance of a Purchase Order from the CITY, CONSULTANT shall commence work on the project. We anticipate commencing work within 5 business days from notice to proceed, completing the prescribed work within 3 weeks. Table 1 Schedule Estimate of Engineering Services TASK DURATION NTP + 3 Months Task 1 —Acquire Back round Data Task 2 — Exposure and Sensitivity Analyses NTP + 8 Months Task 3 — Final Vulnerability Assessment Report NTP + 10 Months Task 4 — Draft Adaptation Needs and Strategies NTP + 14 Months Task 5 — Community Prioritization of Adaptation Needs NTP + 15 Months Task 6 — Final Adaptation Plan NTP + 17 Months Task 7 — Public Outreach and Stakeholder Engagement NTP + 17 Months TOTAL DURATION 17 Months CITY'S RESPONSIBILITY The CITY will assist CONSULTANT with the following items in order to expedite the completion of the project in an effective manner. A. Designate a representative(s) who will have the authority to transmit instruction, receive information and enunciate policies and decisions. B. Provide access to and obtain permission for CONSULTANT to enter upon public lands as required at no additional cost to perform surveys, observations, or other necessary services under this Agreement. C. Assist in obtaining required approvals, permits, or consents from governmental or regulatory bodies or others necessary for the completion of the work, with CONSULTANT being primarily responsible for preparation of permit applications and supporting documentation. D. Make available to CONSULTANT all of its existing information which may in any way be pertinent to the project. E. Attend meetings with regulatory agencies. F. Review contract documents and provide comments in a timely manner. Assumptions A. Analyses will be performed in NAVD 88. B. GIS files and associated metadata will adhere to the Resilient Florida Program's GIS data standards and raw data sources will be defined within the associated metadata. C. Deliverables will be issued as a draft for review by CITY. CONSULTANT estimates an approximate 2 -week time frame for the comments. After receiving comments from the CITY, CONSULTANT will reconcile the comments into a final version. CONSULTANT will address one round of CITY comments. Engineering Inspired Design. 1 Docusign Envelope ID: AADFOE75-B4D9-497C-9EO1-CC295BDCOA36 May 1, 2025 / Page 8 of 9 11723.11 —Vulnerability Assessment City of Sunny Isles Beach D. The generation of flood inundation extents will be based on the source DEM, no topographic analysis for voids will be conducted. Projects that have come online since the publication of the DEM will not be considered. E. The generation of flood inundation extends will be level -pools. No sloped surfaces, transition zones or smoothing of floodplains will be performed. F. The CITY will be responsible for advertising Public Meetings and coordinate all logistics associated with the meeting. Any collateral materials beyond the meeting presentation will be the responsibility of the CITY. G. The CITY will prepare all social media notifications and meeting invitations and CONSULTANT will prepare meeting materials, presentations, and graphics utilized during the meeting, with prior approval from CITY. H. The CITY will be responsible for all communication, coordination, packaging and submittal of deliverables to the Florida Department of Environmental Protection. ADDITIONAL SERVICES CONSULTANT shall not perform any additional services without the written consent of the CITY. Services performed beyond the Scope of Services described above shall be considered additional services and will be presented to the CITY as an Addendum to this Agreement prior to initiating the work. Additional services shall be invoiced on a time and material basis in accordance with our current Professional Service Fee Schedule or on a lump sum basis if a scope of service can be defined. Engineering Inspired Design. 1 Docusign Envelope ID: AADFOE75-B4D9-497C-9EO1-CC295BDCOA36 May 1, 2025 / Page 9 of 9 11723.11 —Vulnerability Assessment City of Sunny Isles Beach COMPENSATION CONSULTANT shall invoice the CITY for services rendered under this Agreement on a lump sum basis, unless otherwise stated, and in accordance with the terms and conditions of the Continuing Services Agreement for Professional Engineering Services between the City of Sunny Isles Beach and KEITH. Budget Estimate of Engineering Services (Exhibit A) Task 1 — Acquire Background Data $25,000.00 Task 2 — Exposure and Sensitivity Analyses $111,000.00 Task 3 — Final Vulnerability Assessment Report $50,000.00 Task 4 — Draft Adaptation Needs and Strategies $25,000.00 Task 5 — Community Prioritization of Adaptation Needs $6,000.00 Task 6 — Final Adaptation Plan $30,000.00 Task 7 — Public Outreach and Stakeholder Engagement $10,000.00 TOTAL FEE $257,000.00 "CITY": CITY OF SUNNY ISLES BEACH By: CONSULTANT: KEITH Signed by: By: Ql t, (A,v bwt& ALE CK President / CEO Engineering Inspired Design. 0 hZ1 KEITH CITY OF SUNNY ISLES BEACH - PROFESSIONAL SERVICE FEE SCHEDULE Hourly Rate ProjectExecutive......................................................................................................................... $350.00 ExpertWitness.............................................................................................................................$500.00 GovernmentLiaison..................................................................................................................... $400.00 SeniorProject Manager...............................................................................................................$225.00 ProjectManager III....................................................................................................................... $175.00 ProjectManager II........................................................................................................................ $140.00 ProjectManager I......................................................................................................................... $120.00 Assistant Project Manager........................................................................................................... $100.00 SeniorTraffic Engineer................................................................................................................ $175.00 TrafficEngineer............................................................................................................................ $125.00 EngineerIII.................................................................................................................................. $110.00 EngineerII................................................................................................................................... $100.00 EngineerI................................................................................................................................... $90.00 Senior Construction Manager...................................................................................................... $180.00 ConstructionManager.................................................................................................................. $150.00 EngineeringInspector III.............................................................................................................. $125.00 EngineeringInspector II...............................................................................................................$100.00 EngineeringInspector I................................................................................................................ $90.00 ChiefSurveyor............................................................................................................................. $175.00 SeniorSurveyor & Mapper.......................................................................................................... $150.00 ProjectSurveyor II....................................................................................................................... $125.00 ProjectSurveyor I........................................................................................................................ $110.00 TechnicianIII............................................................................................................................... $100.00 TechnicianII................................................................................................................................ $90.00 TechnicianI................................................................................................................................. $80.00 SeniorPlanner.............................................................................................................................$140.00 PlannerII.................................................................................................................................... $120.00 PlannerI..................................................................................................................................... $100.00 Senior Landscape Architect......................................................................................................... $150.00 LandscapeArchitect.................................................................................................................... $135.00 Arborist....................................................................................................................................... $140.00 LandscapeDesigner III................................................................................................................ $125.00 LandscapeDesigner II................................................................................................................. $100.00 LandscapeDesigner I.................................................................................................................. $90.00 Chief Utility Coordinator............................................................................................................... $160.00 SeniorUtility Coordinator............................................................................................................. $140.00 UtilityCoordinator........................................................................................................................ $100.00 Subsurface Utility Location Manager...........................................................................................$140.00 Subsurface Utility Field Supervisor.............................................................................................. $90.00 Utility Designating/GPR............................................................................................................... $200.00 SurveyCrew IV............................................................................................................................ $160.00 SurveyCrew III............................................................................................................................ $130.00 SurveyCrew II............................................................................................................................. $110.00 SurveyCrew I.............................................................................................................................. $90.00 Survey Static Laser Scanning...................................................................................................... $250.00 Survey Terrestrial Mobile LiDAR............................................................................................ Per Project SurveyDrone Photos...................................................................................................................$200.00 Impervious Coring >8".........................................................................................................$150.00/Each Vacuum Excavation Test Hole (Pervious Surface)....................................................$350.00/Each Vacuum Excavation Test Hole (Impervious Surface).................................................$450.00/Each AdministrativeAssistant II............................................................................................................ $80.00 Administrative Assistant I............................................................................................................. $60.00 Effective 01/01/2021 www.KEITHteam.com pompano beach (HQ) e fort Lauderdale a miami e west palm beach e orlando o tallahassee _ m N O W L W a LL J Q O IL O w CL 0 m 0 0 0 0 0 6 O r 0 0 0 0 0 0 0 6666666 (L R L. = N (O O 00 qt 6 0 0 0 0 0 0 0 0 U 0 0 0 0 0 0 0 ui.- o uS (fl o o � .!C �� N M N � N N R (R b9 lfi EiJ 64 61)- 4 Ef} H N O = O 'J m O O ~ v p O 'I' O NO N O LO O O (l t � N Q y} N 4) Z H EH (� 69 L O N O O p 00 (O LO O = V O rCD M O �' O w LU _ 0 m 0 0 0 0 0 6 O 0 0 0 0 0 0 0 0 6666666 (L R L. = N (O O 00 qt 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ui.- o uS (fl o o � N �� N M � N N EPr (R b9 lfi EiJ 64 61)- 4 Ef} EH L V � 0 O t6 tom. m W rn It- L a � � 2 O O O O .L N EH O O O O M L6 O (R O 0 O LO M ti ti 0 0 0 ui Ct 00 LO 64 0 0 0 0 d' d L O (L R L. = N (O O 00 qt (O M N O �t NP O m ._ N t9 0 O O O O .L N EH O O O O M L6 O (R O 0 O LO M ti ti 0 0 0 ui Ct 00 LO 64 0 0 0 0 d' V r Cl N N N Cl) a w � 0 O O O O .L N EH O O O O M L6 O (R O 0 O LO M ti ti 0 0 0 ui Ct 00 LO 64 0 0 0 0 d' ti 0 0 N N O 'J O ~ NO N t[ (l N N Z EH (� 69 N O N c O �' O w _ NC 0L OL L L O U) .OQ Q C N Q w 0 E N V m Q N O Y z U) i6 Fm n N Lp O Nd � Q. 00 cQ N O to G1 O L U) o U c aL O m v cLa O m a 2 d cu CL d m di i6 •E 3 I6 O L ++ 0 w Qi N N Q Q O O 7 N y m 3 O O a U QwiL�VLLa- X 0 0 0 7 d y C K N M d LO (o I- CO C O C O c O ww d '� V O O O O O O O O y y fp V 2 0 0 0 0 0 0 0 0 N yd IL a a o ti EXHIBIT "1" SCOPE OF SERVICES, PROJECT SCHEDULE & FEE SCHEDULE Page 9 of 9 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 Sunny Isles Beach Comprehensive Vulnerability Assessment and Adaptation Plan 25PLN25 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: City of sunny Isles Beach Entity Type: Local Government Grantee Address: 18070 Collins Avenue FEID: 65-0784647 Sunny Isles Beach, Florida 33160 (Grantee) 3. Agreement Begin Date: Date of Expiration 7/1/2024 6/30/2027 4. Project Number: Project Location(s): (IfdifferentfronrAgreementNun:be)) Miami -Dade County, Florida Project Description: The project will conduct a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes, as well as develop an Adaptation Plan. The Project will include public outreach and stakeholder engagement. 5. Total Amount of Funding: $257,000.00 Funding Source? Award #s or Line -Item Appropriations: Amount per Source(s): El State ❑Federal FY 24-25 GAA Line Item #1854 $ 257,000.00 ❑ State ❑Federal $ ❑ State ❑ Federal $ ❑ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 257,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: George Begley Name: Rick Labinsky or successor or successor Address: Resilient Florida Program Address: City of Sunny Isles Beach 3900 Commonwealth Boulevard, MS230 18070 Collins Ave. Tallahassee, Florida 32399 Phone: 850-245-8020 Sunny Isles Beach, Florida 33160 Phone: 305-792-1817 Email: George.Begley(a),FloridaDEP.gov Email: RLabinsky(a,sibfl.net 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: El Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements El Attachment 2: Special Terms and Conditions El Attachment 3: Grant Work Plan ID Attachment 4: Public Records Requirements El Attachment 5: Special Audit Requirements El Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https:Hfacts.fldfs.com, in accordance with section 215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): [D Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form O Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑� Exhibit J: Common Carrier or Contracted Carrier Attestation Form PURI 808 DEP Agreement No. 25PLN25 Rev. 1/31/24 El Additional Exhibits (if necessary): Exhibit F: Final Project Report, Exhibit G: Photographer Release Form, Exhibit H: Contractual Services Certification, Exhibit I: Vulnerability Assessment Compliance Checklist Certification 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 Numbers (FAIN): Unique Entity Identifier UEI): Federal Award Date to Department: Federal Award Project Description: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/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 Sunny Isles Beach (Authorised Signature) Stan Morris, City Manager Print Name and Title of Person Signing 9 GRANTEE Date Signed of Florida Department of Environmental Protection DEPARTMENT Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing El Additional signatures attached on separate page. DEP Agreement No. 25PLN25 Rev. 1/31/24 ORCP Additional Signatures DEP Grant Manager, George Begley DEP QC Reviewer, Stephanie Link Grantee may add additional signatures below, if needed. STATE OF FLORIDA DEPARTMENT OF ENVIRONMEN'T'AL 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 Terris 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 1 of 14 Rev. 11/13/2024 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. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 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) clays to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department Attachment 1 2of14 Rev. 11/13/2024 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 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. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, riles, 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-auditing; libraries/state- agencies/reference-guide-for-state-expenditures. pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: littps://floridaiobs.or ./community-planning-and-development/rural-conmlunityprograms/rural-areas-of- opportunity. f. 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. g. State Funds Documentation, Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: L Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. Attachment 1 3of14 Rev. 11/13/2024 ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. 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. i. 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 finds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. 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. k. 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.ni yfl oridacfo. com/divis ion/aa/local-governments/j udgement-interest-rates. 1. 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 government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendabie 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. For grants funded with federal finds, nonconsumable and/or nonexpendabie personal property or equipment costing $10,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200. 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, tine 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 - Attachment 1 4of14 Rev. 11/13/2024 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 Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For grants funded frilly with federal funds, equipment is defined as capital outlay costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal 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 Attachment 1 5of14 Rev. 11/13/2024 that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof 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. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. 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 ftilfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Attachment 1 6of14 Rev. 11/13/2024 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 ternninate 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; It. 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 I 1 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 iv. An action by Grantee tinder any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. 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: (t) 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 clays after the cause that creates or will create the delay first Attachment 1 7of14 Rev. 11/13/2024 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. Notwitlistan ding 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. 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. Attachment 1 8of14 Rev. 11/13/2024 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 Development, at (850) 487-0915. 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 Attachment 1 9of14 Rev. 11/13/2024 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. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: https://www.epa.f4ov/invest/ii-ivestijig-ai-nerica-signa,p,e. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. 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 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Attachment 1 10 of 14 Rev. 11/13/2024 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. 27. 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 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. 28. 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/library-archives/records-man agemenb'Ren eral-records-schedules/). 24. 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: https:\\apps.f1dfs.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, Attachment 1 1 I of 14 Rev. 11/13/2024 general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with finds 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. 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. 30. 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. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. 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 perforni 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 Development 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. 33. 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 Attachment 1 12 of 14 Rev. 11/13/2024 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. 34. 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. 35. 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 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. 36. 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. 37. 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. 38. 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 ofthe 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. 39. 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 finds, 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. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extent authorized by federal law, the Department, its grantees, contractors and subcontractors shall give preference to food commodities grown or produced in this state when purchasing food commodities, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product. 42. Anti-human Trafficking. Attachment 1 13 of 14 Rev. 11/13/2024 If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06, F.S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality; (2) the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent (20%); or (3) complying with this requirement is inconsistent with the public interest. Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if: (1) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and (2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%) of the total Project Cost under this Agreement or $2,500, whichever is greater. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system that are necessary for operation or concealment (excepting transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from the requirements of this paragraph. This provision shall be applied in a manner consistent with and may not be construed to impair the state's obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current, complete, and accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits. 45. 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 14 of 14 Rev. 11/13/2024 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.25PLN25 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 firnded under this Agreement is City of Sunny Isles Beach Comprehensive Vulnerability Assessment and Adaptation Plan. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. © ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Attachment 2 1 of 3 Rev. 6/27/24 Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance, None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.11 1(I)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C, ss. 1101 et seq. The Attachment 2 2of3 Rev. 6/27/24 Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. Attachment 2 3 of 3 Rev. 6/27/24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.25PLN25 ATTACHMENT 3 PROJECT TITLE: City of Sunny Isles Beach Comprehensive Vulnerability Assessment and Adaptation Plan PROJECT LOCATION: The Project is located in the City of Sunny Isles Beach within Miami -Dade County, Florida. PROJECT DESCRIPTION: The City of Sunny Isles Beach (Grantee) will complete the City of Sunny Isles Beach Comprehensive Vulnerability Assessment and Adaptation Plan Project (Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.), as effective July 1, 2024. The Project will also include public outreach and stakeholder engagement and develop an adaptation plan. 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 must be included for each dataset compiled and each asset dataset must be classified using the asset groups and types 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, as referenced in Attachment 6, and raw data sources shall be defined within the associated metadata. Flood -scenario related data should make use of the best available information through the Florida Flood Hub. If Florida Flood Hub data is unavailable, flood scenario -related data shall include: • Planning horizons: 2050 and 2080. • Sea level rise projections: 2022 National Oceanic and Atmospheric Administration intermediate and intermediate -low projections. • Tidal flooding, if applicable: Using the threshold for tidal flooding published by the Department. • Storm surge data, if applicable: Equal to or exceeds the 100 -year return period (I% annual chance) flood event. • Rainfall -induced flooding, to the extent practicable: 100 -year (1% annual chance) and 500 -year (0.2% annual chance) return period flood events. o Rainfall -induced flooding analysis is required for all non -coastal communities. In the process of compiling 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 take all practicable steps to rectify any gaps of data necessary to complete analysis of required scenarios. Deliverables: The Grantee will provide the following: • A Background Data Catalog consistent with the GIS Data Standards (Table 1) that outline the datasets compiled and the raw data sources; DEP Agreement No.: 25PLN25 Page 1 of 6 Rev. 1.31.25 Complete the Flood Risk Scenario Matrix consistent with the GIS Data Standards (Table 2) that outline the different flood risk scenarios, planning horizons, return periods, and similar parameters of the VA; and Compiled GIS datasets for each of the three main background data categories. To be provided in a single -file geodatabase or zipped folder, whenever possible. o GIS files of the critical asset datasets that are not publicly available nor already included in the statewide flood vulnerability and sea level rise data set, containing appropriate metadata, consistent with the GIS Data Standards, and classified using the asset groups and types defined in paragraphs 380.093(2)(a)1-4, F.S. o Topographic and other Raster Flood Risk Data that are not publicly available nor already included in the statewide flood vulnerability and sea level rise data set. Task 2: Exposure and Sensitivity Analyses Description: The Grantee will perform the exposure and sensitivity analyses. The exposure analysis will identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The sensitivity analysis measures the impact of flooding on assets by applying 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 and at each flood scenario and assign a risk level. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards, as referenced in Attachment 6, and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • GIS data containing the results of the exposure and sensitivity analyses which shall include at minimum: o Raster layers with results of the exposure analysis (depth of flood water) for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. Additionally, any other custom, combined or modified flood scenario raster layer used in the assessment and not publicly available; and o GIS files of the critical asset datasets containing the results of the sensitivity analysis for all flood scenarios required by s. 380.093, F.S., consistent with the GIS Data Standards, and including the appropriate metadata describing the fields or attribution of the analyses results. Task 3: Final Vulnerability Assessment Report Description: The Grantee will finalize the VA Report pursuant to the requirements in s. 380.093, F.S. The final VA Report must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks as well as any assigned focus areas (if applicable). 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. Deliverables: The Grantee will provide the following: • A Final VA Report that provides a summary of results and conclusions based on the statutorily required scenarios and standards in s. 380.093, F.S., to include: o Findings of the gap analysis; o Recommendations to address the identified data gaps and actions taken to rectify them, if applicable; DEP Agreement No.: 25PLN25 Page 2 of 6 Rev. 1.31.25 o Details on the modeling process and type of models used during the exposure and sensitivity analyses; and o A summary of assigned focus areas, if applicable. Completed Critical Assets Basic Attributes Schema (Table 3), Critical Assets Groups and Types (Table 4), and VA Results Attribute Scheme (Table 5) consistent with the GIS Data Standards; and A signed VA Compliance Checklist Certification (Exhibit 1). Task 4: Draft Adaptation Needs and Strategies Description: The Grantee will develop adaptation needs and strategies for inclusion in the AP. The AP will include a table listing the adaptation needs and corresponding recommended strategies for each as well as a map illustrating the critical assets identified as adaptation needs. The AP shall be consistent with the guidelines in the Florida Adaptation Planning Guidebook. Deliverables: The Grantee will provide the following: • A draft AP. Task 5: Community Prioritization of Adaptation Needs Description: The Grantee will conduct a public meeting to develop a prioritization of adaptation needs for the community. The Grantee will present the draft AP that includes the following: assessment of adaptive capacities, adaptation needs, and identification of adaptation strategies. The purpose of the meeting is to allow the public to provide community -specific input on the identified adaptation needs and strategies as identified in the draft AP as well as an opportunity to prioritize adaptation needs. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • The agenda (including location, date, and time); a copy of the presentation, if applicable, and all materials created for the meeting; and a summary report or meeting minutes that includes the meeting purpose, stakeholder input, and outcomes. Task 6: Final Adaptation Plan Description: The Grantee will complete an AP that is consistent with the Florida Adaptation Planning Guidebook. The AP will also include a list of prioritized projects for each asset class as defined in subsection 380.093(2), Florida Statutes, for consideration and implementation. Deliverables: The Grantee will provide the following: • A final AP, to include any products or documentation, either within or as appendices or independent sections, resulting from all optional subtasks included in the Task Description. Task 7: Public Outreach Meetings and Stakeholder Eneazement Description: The Grantee will conduct public outreach meetings and stakeholder engagement for the project. Project meetings will be conducted to ensure effective project execution, stakeholder engagement, and compliance with grant requirements. Meeting types include, but are not limited to, the types and descriptions below. DEP Agreement No.: 25PLN25 Page 3 of 6 Rev. 1.31.25 Kick-off Meeting The purpose of a kick-off meeting is to discuss the project scope, project goals, schedule, key milestones, and deliverables in order to develop a consistent project approach. The kick-off meeting would be hosted by the Grantee and attendees should be key stakeholders in the project. Prior to the meeting, the Grantee should develop an overall project management plan and address initial actions, identify and invite key stakeholders, prepare the sign -in sheet, draft a project schedule, and prepare any other meeting materials as necessary. Public Presentation of the Final AP The Grantee will present the final AP results to local governing boards, technical committees, or other appropriate officers and elected officials in a public presentation. The purpose of the presentation is to share the outcomes of the final AP including resulting prioritized project recommendations and future project funding. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 7.1 Kick-off Meeting: Kick-off meeting agenda (including location, date, and time); a copy of the presentation, if applicable, and all materials created for the meeting; and a summary report or meeting minutes that includes the meeting purpose, stakeholder input, and outcomes. • 7.2 Public Presentation of the Final VA: Public presentation agenda (including location, date, and time); a copy of the presentation, if applicable, and all materials created for the meeting; and a summary report or meeting minutes that includes the meeting purpose, stakeholder input, and outcomes. • 7.3 Public Presentation of Final AP: Public presentation agenda (including location, date, and time); a copy of the presentation, if applicable, and all materials created for the meeting; and a summary report or meeting minutes that includes the meeting purpose, stakeholder input, and outcomes. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to ResilientFloridaGrants&FloridaDEP.gov on or before the Task Due Date listed in the Project Timeline. The deliverables for each task must be submitted in chronological order, with the exception of the "Public Outreach Meetings and Stakeholder Engagement" and "Peril of Flood Compliance" tasks, if included. Grantees must have received a Deliverable Acceptance Letter from the Department's Grant Manager prior to submitting any subsequent deliverables. 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 non-acceptance of the deliverable(s) to the Grantee within thirty (30) calendar days. Deliverables that the Department determines are not acceptable must be corrected and resubmitted within thirty (30) calendar days prior to the Agreement's Date of Expiration, and in coordination with the Department's Grant Manager. Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%) 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. All DEP Agreement No.: 25PLN25 Page 4 of 6 Rev. 1.31.25 deliverables must be received by the Task Due Date and accepted by the Department on or before the Agreement's Date of Expiration, or the Consequences for Non -Performance set forth herein shall apply. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received and accepted by the Department at one hundred percent (100%) completion on or before the Agreement's Date of Expiration, 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. For each task deliverable not received by the Department by the specified Task Due Date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) by 5% per calendar day, which will be imposed until the Department has received the task deliverable. The Consequence for Non -Performance will be applied to and included in the relevant task deliverable's payment request. PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A, Progress Report Forms, have been submitted to the Department's Grant Manager for all reporting periods dating back to the Agreement Execution Date. For the reporting period beginning on the Agreement Begin Date and ending on the Agreement Execution Date, submittal of a single Exhibit A, Progress Report Form, covering only this reporting period will be acceptable. 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 and must be an allowable expenditure category pursuant to Attachment 2, Special Terms and Conditions. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. Task DEP Match Total Task Start Task Due No. Task Title Amount Amount . Amount Date Date I Acquire Background $25,000 $0 $25,000 7/1/2024 12/31/2025 Data 2 Exposure and $111,000 $0 $111,000 7/1/2024 3/31/2026 Sensitivity Analyses 3 Final Vulnerability $50,000 $0 $50,000 7/1/2024 6/30/2026 Assessment Report 4 Draft Adaptation $25,000 $0 $25,000 7/1/2024 9/30/2026 Needs and Strategies Community 5 Prioritization of $6,000 $0 $6,000 7/1/2024 12/31/2026 Adaptation Needs 6 Final Adaptation Plan $30,000 $0 $30,000 7/1/2024 3/31/2027 DEP Agreement No.: 25PLN25 Page 5 of 6 Rev. 1.31.25 DEP Agreement No.: 25PLN25 Page 6 of 6 Rev. 1.31.25 Public Outreach 7 Meetings and $10,000 $0 $10,000 7/1/2024 3/31/2027 Stakeholder Engagement Total: $ 257,000 $0 $ 257,000 DEP Agreement No.: 25PLN25 Page 6 of 6 Rev. 1.31.25 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 conj unction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution and 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: public. services Cc�floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 loft Rev. 4/8/2024 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 cis 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 natne 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 A recipient that expends $1,000,000 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 finds 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 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $1,000,000 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 $1,000,000 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 non-federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.gov/content/assistance-listings. Attachment 5 1 of 7 BGS -DEP 55-215 revised 11/19/24 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 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. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:;/apl2s.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.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at hitp://www.fldfs.com/and the Auditor General's Website at littp://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (IVOTE: This part mould be used to sped, 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(4), 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 finding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of7 BGS -DEP 55-215 revised 11/19/24 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 athttp://harvester.census.povifacweb/ Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSing leAuditgdep.state. fl. us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 1 l 1 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http:/,'flauditor.gov_/) provides instructions for filing an electronic copy of a financial reporting package. 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: FDEPSinaleAuditadep.state. fl. Lis 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 7 BGS -DEP 55-215 revised 11/19/24 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 time the reporting package was delivered to the recipient and any correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of7 BGS -DEP 55-215 revised t 1/t9/24 L 0 fi N O z s s 0 0 � Y O V •� O N S� V) 0 O O cn 71 O ¢U ti cl�U d d � � O C� y N G O O w O w ol c O w O y O 0 � Q s-, Q o U U h .O O U ti W ani d d d cu d Qz Qz a N a U N a 'u W y U N E U � N U U C} v o Y o .�. s t.� N �n U W C3 W fi•w N v� iU+ W C; W J s od :d � oat u Awa. U a O is cl 'bwa wa, 3 z s s d' � V O 71 O ti � O y N ol c w O y O 0 s-, h ti W cu N N U N Ei E U U U C} v o Y o .�. s t.� N �n U W C3 W fi•w N v� iU+ W C; W J s od � oat Awa. 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U n STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 General 1. Deliverable and Payment Request Submissions. All grant deliverables and payment requests (Exhibit C) must be submitted to ResilientFloridaGrantsac HoridaDEP.gov. 2. 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 submitting a payment request for contractual services. 3. Grantee Match Form. If the grant agreement includes match requirements in Attachment 2, the Grantee must submit the Grantee Match Form upon execution of the grant agreement and at any time there are changes to the match funding amount and/or funding source throughout the grant agreement period. 4. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports (Exhibit A and F) that include photos. 5. DEP Logo and Funding Source Disclaimer. The final Vulnerability Assessment Report, Adaptation Plan report or document, and any permanent signage created for an implementation project included on the Statewide Flooding and Sea Level Rise Resilience Plan must include the Department's logo (which can be found on the Department's website at: https://floridadep.gov or by contacting the Grant Manager for a copy) 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." Final Project Report. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final Exhibit A, Progress Report Form, only in instances where the next quarterly progress report falls after the Agreement's Date of Expiration. For grants funded with American Rescue Plan Act (ARPA) Funds that are not completed by the Agreement's Date of Expiration, Exhibit F must also be submitted to ResilientFloridaGrantScFloridaDEP.gov upon completion of the project, which may be after the Agreement's Date of Expiration. 7. Copyright, Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 8. Geographic Information System (GIS) files and associated metadata. All GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (found on the Resilient Florida Program website: his://noridadon.gov_/rcp/resilient"florida-program/documents/resilient-florid progratn-gis-data- standards), and raw data sources shall be defined within the associated metadata. Attachment 6 Rev. 9.9.24 Page 1 of 3 9. Proeram Deliverable Acceptance and Disclaimer. The Department's acceptance of any specific project's task deliverables required by that project's Resilient Florida Program grant agreement, does not guarantee the Department's acceptance of the same or similar task deliverables, as required by a different Resilient Florida Program grant agreement, notwithstanding the Grantee(s) and/or project(s) at issue being the same or similar. The Department will review and accept all deliverables individually, pursuant to the terms and conditions of each grant agreement for which they are submitted, including Attachment 3, Grant Work Plan. The Department's acceptance of a specific deliverable does not constitute the Department's confirmation that the conclusions or statements made within said deliverable are truthful or accurate, including, but not limited to, claims of scientific validity and the certification of engineering practices. If a dispute arises between the Department and Grantee regarding the veracity of a specific deliverable's content, the Department may request that the Grantee provide additional documentation (e.g., a certification statement signed and sealed by a licensed Professional Engineer), verifying that the conclusions or statements at issue are true and correct to the best of the Grantee's knowledge, prior to the Department's acceptance of said deliverable. 10. Sunshine Law Compliance. As per Paragraph 23 to Attachment 1, Standard Terms and Conditions, the Grantee is solely responsible for ensuring that its actions (and those of its agents) under the Agreement are made in compliance with Section 286.011, Florida Statutes—Florida's Government in the Sunshine Law—where applicable. Implementation Grants It. Sea Level Impact Projection Study Requirement. If a state -funded construction project is located within an area where a Sea Level Impact Protection (SLIP) study is required pursuant to Section 380.0937, Florida Statutes, the Grantee is responsible for conducting such a SLIP study and submitting the resulting reportto the Department. The SLIP study report must be received by the Department, approved by the Department, and published on the Department's website for at least thirty (30) days before construction can commence. Upon submission to the Department, SLIP study reports must meet all relevant statutory requirements, as well as the standards and criteria indicated in Chapter 625-7, Florida Administrative Code. 12, 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 required, acquired, and approved permits for the project. 13. Grant funds may not be used to support ongoing efforts to comply with certain legal requirements or actions that were unanticipated, non-existent, or unknown to the Department at the time of this Agreement's execution, including regulatory and permit compliance requirements, non-compliance and citation fees, fees resulting from unanticipated permit conditions, settlement agreements, and compliance with formal or informal enforcement actions to resolve violations of applicable rules and statutes (including consent orders, Closed Without Official Enforcement agreements, and similar enforcement actions). Grant funds may be utilized to support ongoing efforts to comply with permit -required conditions, as approved by the Resilient Florida Program (e.g., pre-, during-, and post -construction monitoring and mitigation efforts). Grants Funded with American Rescue Plan Act (ABPA) Funds 14. Match Expenditure Monitoring. For any match -funded deliverable(s) identified in Attachment 3, Grant Work Plan, not accepted by the Department by the Date of Expiration listed in Section 3 to the Standard Grant Agreement (as modified by any properly executed amendment(s), as applicable), the Grantee must submit Exhibit M, Match Expenditure Monitoring Form, to the Department prior to ABPA -funded grant closeout to identify all remaining deliverable(s) which are to be completed solely using Grantee match funding. Failure Attachment 6 Rev. 9.9.24 Page 2 of 3 to submit Exhibit M and all remaining Project deliverables to the Department, as well as meet the Match Requirements identified in Section 7 to Attachment 2, may hinder the Grantee's chances of receiving future grant awards from the Resilient Florida Program, Attachment 6 Rev. 9.9.24 Page 3 of 3 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 progress report must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. https:Hfloridadep.gov/Resilient-Florida-Pro,gram/Grants Exhibit A, Page 1 of 1 Rev. 7/1/2024 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:Hfloridadep.gov/Resilient-Florida-Program/Grants Exhibit C, Page I of I Rev. 12/02/19 EXHIBIT F DEP AGREEMENT NO. 25PLN25 CITY OF SUNNY ISLES BEACH COMPREHENSIVE VULNERABILITY ASSESSMENT AND ADAPTATION PLAN City of Sunny Isles 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. Exhibit F, DEP Agreement # 25PLN25 Page 1 6/30/2023 Part I. Executive Summary Part II. Methodology Part II1. Outcome Include the following: 1) evaluation of project'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 final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 25PLN25 Page 2 6/30/2023 OP USPARTy,Florida Department of Environmental Protection EXHIBIT G PHOTOGRAPHER RELEASE FORM Q0 'rNTALFA�4�V FOR PHOTOGRAPHS, VIDEOS AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 25PLN25 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: Phone Number: License and Indemnification State: Email: Zip: I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Photo/video/audio/a rtworldreco rding file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G, DEP Agreement 9: 25PLN25 11/19/2021 Page 1 of I Date: 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: 25PLN25 Project Title: City of Sunny Isles Beach Comprehensive Vulnerability Assessment and Adaptation Plan Grantee: City of Sunny Isles Beach Subcontractor: Note: Submit separate Exhibit H Certification for each additional subcontractor. Prior to malting a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; 4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1.. through. 4. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Rev. 4.8.2024 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT I VULNERABILITY ASSESSMENT COMPLIANCE CERTIFICATION CHECKLIST The current Exhibit I, Vulnerability Assessment Compliance Certification Checklist, for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. The checklist must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit I that occur during the grant agreement period. https://floridadep.gov/Re.s.ilient-Florida-Pro,gram/Grants Exhibit 1, Page 1 of 1 Rev. 7/1/2024 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J 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. City of Sunny Isles Beach 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. Printed Name: Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. r t FLO0" 54A 5 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Rick Labinsky, P.E., City Engineer DATE: June 17, 2025 RE: Approval of Project Agreement with Keith and Associates to Perform a Vulnerability Assessment RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: In August 2024, the City applied for a grant through the State of Florida Department of Environmental Protection to fund a Vulnerability Assessment Study and Adaptation Plan. The City was approved for a Resilient Florida Planning Grant in January of 2025 in the amount of $257,000.00. The City has completed the grant funding submittal and is waiting for the final grant agreement to be returned. The state funded Vulnerability study will examine the exposure of the City's critical assets to high tide flooding, storm surge, and compound flooding. It will analyze those risks, develop recommendations for adaptation, and engage residents in focus group discussions about the results. The Study will identify how and to what degree the City's assets and critical infrastructure are vulnerable to climate impacts and sea level rise. The assessment will employ National Oceanic and Atmospheric Administration's (NOAA) sea level rise projects, Federal Emergency Management Agency (FEMA) storm surge depth grids, Light Detection and Ranging (LiDAR) digital elevation models (DEM), and City and Miami Dade County Geographic Information Systems (GIS) datasets to assess the vulnerability of the City's public assets and infrastructure to a changing climate. The goal of the Study is to identify at -risk City assets by assessing their exposure and sensitivity and then prioritizing them with the help of City staff. Sensitivity levels indicate the degree to which an asset might be at risk by determining how much exposure it receives. Item Number: 9.E 159 Completion of this Study is necessary for the City to pursue funding requests for improvement projects to protect our critical assets. Keith was procured by the City through RFQ No. 20-07-01 for Continuing Professional Consulting Services (CCNA). They have experts to complete the work required for this study and plan. They provided a proposal with a Not -To -Exceed amount of $257,000.00 of which 100% of the cost will be covered by the grant. ADDITIONAL INFORMATION: This project is fully funded through the Florida Department of Environmental Protection 2024-2025 Resilient Florida Program, however approval by the City Commission to expend the grant funds to Keith and enter into the attached contract requires City Commission approval. FUNDING SOURCE: Funded through the Florida Department of Environmental Protection 2024-2025 Resilient Florida Program. ATTACHMENTS: Resolution Agreement Item Number: 9.E 160