Standard Grant Agreement Department of Environmental Protection olg-ws20
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:
Historic District Resiliency and Adaptation Guidelines R1923
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard (Department)
Tallahassee,Florida 32399-3000
Grantee Name: City of Miami Beach Entity Type:
Local Government
Grantee Address: 1700 Convention Center Dr.,Miami Beach,FL 33139 FEID: F59-6000372
(Grantee)
3. Agreement Begin Date: Date of Expiration:
Upon Execution June 30,2020
4. Project Number:R1923 Project Location(s):
(Ifdifferentfrom Agreement Number) Miami Beach,FL
Project Description:To protect invaluable historic buildings and create innovative solutions that can be applied state-wide,the City
will conduct a planning process that will produce resilience guidelines.
5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s):
$75,000.00 RI State❑Federal CSFA#37.098 $75,000.00
❑ State❑Federal
❑Grantee Match
Total Amount of Funding+Grantee Match,if any: $75,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Whitney Gray Name: Judy Hoanshelt
or successor or successor
Address: 3900 Commonwealth Blvd. Address: 1700 Convention Center Dr.
MS235 Miami Beach,FL 33139
Tallahassee,FL 32399
Phone: 850-245-2098 Phone: 305-673-7510
Email: Whitney.Gray@FloridaDEP.gov Email: judyhoanshelt@miamibeachfl.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
®Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements
m Attachment 2:Special Terms and Conditions
0 Attachment 3:Grant Work Plan •
0 Attachment 4:Public Records Requirements
ll Attachment 5:Special Audit Requirements
®Attachment 6:Program-Specific Requirements
❑Attachment 7: Grant Award Terms(Federal)*Copy available at httos://facts.tldfs.com,in accordance with§215.985,F.S.
❑ Attachment 8:Federal Regulations and Terms(Federal)
❑Additional Attachments(if necessary):
®Exhibit A:Progress Report Form
❑Exhibit B:Property Reporting Form
11 Exhibit C:Payment Request Summary Form
❑Exhibit D:Quality Assurance Requirements for Grants
❑ Exhibit E:Advance Payment Terms and Interest Earned Memo
® Additional Exhibits(if necessary):Exhibit F:Final Report Form,Exhibit G:Photographer Release Form
DEP Agreement No. R1923 Rev.6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 2(10.331(a)(1):
Federal Award Identification Number(s)(FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? -0 Yes C1N/A
IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below,whichever is later.
city of Miami Bea GRANTEE
Grantee Name
2111,
By - .moit AIN
(Authorized .:nature) Date Si:ned
_ A
.
Ailarg tait:5,1-Assistoai eter t / r ,IMP Vega/
Print Name and Title of Person Signing
_State of Florida De artMent of Environmental Protection DEPARTMENT
By
Secretary or Designee Date Signed
AO4 CZ/
-1 . •
Print Name and Title of Person Signing
LEGAL REVIEWING ENTITY
By
(Authorized Signature) Date Signed
Print Name and Title of Person Signing.
CI Additional signatures attached on separate page.
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
&21:
, 2( 4617
itt
City Attor4n Nu. Date
DEP Agreement No. R1923
Rev.6/20/18
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1,Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when
receipt is acknowledged by recipient.If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties'records.A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement
between both parties.A formal amendment to this Agreement is required for changes which cause any of the
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match
requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount
of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that
exceeds or is expected to exceed twenty percent(20%)of the total budget as Iast 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;and/or
(3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement
may be amended to provide for additional services if additional funding is made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
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.
Attachment 1
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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. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department.The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10)days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
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.
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& .Payment._
a. Payment l'iodess..Subject to the terms and Conditions.establ ished by the Agreement,-the.p rieing 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 withSection213422,Florida§ratines(F 5)
b.. Taxes.The Department is exempted from payment of State Sales,use taxes and Federal excise taxes Grantee,
howeVer,shall not be exempted from paying any taxes that itiSSubjecttp,including State sales and use taxes,or
for payment by Grantee 'to suppliers for-taxes:on materials tiSed.,to fulfill its „contractual.obligations With
bepartMent.The Grantec shall not use Departments number in securing such materials The Grantee
_ . . . . .... ... . ._ .
shall be responsible and liahlefor the payment of all itS-FICAIS9Cial Security and other taxes:OS[101g from this
Agreement. . . .
c Maximum Amount Of Agreement:The-maximum amount otcOrripenSation under this Airedinent,.Without an •
.., ... ._ .. . , .
amendment,is described in the Standa±(1.Grant Agreement Any additional necessary fOrthe:C9MPletibn of
•. - - .
this Project are:oleresponsibility.of Grantee.,
d. Reinibinserrientfor:Costs.TherGrantee'Shall be paid on a cost retinbursetnent basiS'.fOr-all eligible Project costs
..
. , .. . ..
Upon the „completion, sgbmittal, and .approval Of.each 'deliVerable,identified in the.-Grant Work Plan,
Reimbursement shill. be requested on FAIliE11(:C,,Payment Request „Summary Form.- To be eligible'for
reiinbtifsentent,costs must be in compliance with laws;r4resand regulations applicable to of State,
funds, including,but not limited to, the Reference Guide for State.g)iperiditures, which can be aCceSsedat.the
following web address;
e. http8://www.mvfloridacfo.com/DiviSion/AA/Manuals/AuditirigiReference Guide For State. txpenditares.pdf':
. .. .... __. . ..
'f. Invoice Detail. All charges for services rendered:Or for reimbursement of.6 )Onso..atithorized by Department
pursuant to the Grant Work Plan Shall.beSiihniitted to Department in sufficient detail•for a.prOpet: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;Nail,:
g. ,Interitn PaYments. . ntenm payments may 13e made by Department at its discretion, if the:completion of'
. ._ _
deliverables to date have first been accepted in Writing byDePartinent's.Grant Manager.
_ .... . ._.. . .
It 'Final:Payment Request.&final payment request should be subMittedtdDePartment no later than:sixty-09)days-
.._ .
following the expiration date of 01(6.Agreement to ensure the'availability of funds for Paythent. However,,all
. ..,
:
Work performed pursuant to the Gram Work Plan must be performed On;or before the expiration-jdate-of the
44:cell-lent,
... .
i. AnniiiI Appropriation tontirmeribV.The:State's:performance and'obligation to pay under this Agreement
_ . . ,.
Contingent upon an annual apprdpriaiiptfliy..tlie 4'egi,gature, This Agreement:IS:not a commitment Of.future
appropriations.. Atitharization for:contingatiOn and completion of Work and any associated payments MAY be
reseirided,. with proper notite, at:time discretion. of'DePartment it the Legislative, reduces or eliminates
_ . .
appropriationS;
j, Interest Rates All interest rates charged under the Agreement shalt he.calculated on the prevailing rate used by
.the .State Board of Arlinitaistration, To -obtain, the applicable interest rate, please 'refer to:
WWw.thYlloridaefd_totniDivision/AA/VendorSidefaUlt.ram..
k. Refund of Payments to the DepartMent.Any balance of unobligated funds have been advanced or Paid must
. . ... _ ... , , .
be refunded.to DeOrfnlent.Any funds paid in excess of the ainduitt to which Grantee;ot,subgrantee:isrrentitted.:
. ..
under the terms of the Agreement must be refunded to Department.If this Aireement is funded with federal funds
and the Department is required to:refund the federal gbyernment,the,Grantee§hall refund theDetiartinenrits
share of thOse funds..-
. _ . . . . „
9 Documentation Required for Cost Reimbursement Grant Agreements and Match. . •
If Cost Reigibursement 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'fl.;fieir-adaumentation fOrreiMbOrsement:Or' • .
inatehiequirginenti.
.,
b. Overhead/Indirect/General and Administrative Costs: If'Grantee-is:beind reimbursed'for or Maiming match tar
Multipliers,all multipliers used(i.e.,:fringe'henefitS,OVerhead.,indirect,and/9r general Miti.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 ihiity.06).dity's of '
. ... .
written nOtilleation,:triterest Shall be.charged on the:exCessive rate.
•
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c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate
per hour, and hours spent on the Project.All eligible multipliers used(i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates)shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such
funds to Department within thirty(30)days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S.,and
Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73,F.A.C.,as applicable.The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services.The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract.The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above.In this instance,Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee.The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing
$1,000 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
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period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty(30)days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice,the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof 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.
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 fulfill any of its other
obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that
the default was excusable,the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department.The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination
unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and
to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for
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that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation,
or termination of the Agreement,Grantee shall continue to provide Department with those services for which it
has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided
under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as
necessary to complete the transition or continued portion of the Agreement,if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement,including,any of
the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default,and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non-
exclusive list of events,acts,or omissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of such,made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory,regulatory,or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate
assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is
in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars
of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration
of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice.
Within 90 days,or any longer period agreed to by the parties,Department shall either:(1)issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice
Attachment 1
6 of 11
Rev.6/14/19
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable,Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or(2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph,after
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2)contract with other sources(without recourse to
and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject
of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents,employees,partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions,damages,and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense.The Grantee shall not be liable for any cost,expense,or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement. .
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.
Attachment 1
7 of 11
Rev.6/14/19
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement,at law or in equity.The Department may,in addition to
other remedies available to it,at law or in equity and upon notice to Grantee,retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory 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. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity,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. 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.
Attachment 1
8 of 11
Rev.6/14/19
b. 1t'this Agreement is for more than one million dollars,the Grantee certifies that it is also clot,,on the Scrutinized
Companies with Activities in Sudan,Scrutinized Companies-with•Activities in the Iran Petroleum Energv.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 theGrantec•
is found to have submitted a false certification;;or it the Grantee-is placed on the,Scrutinized Companies'with
Activities in Sudan List,or Scrutinized Companies,with Activities in the Iran Petroleum.Energy Sector List,.or
engaged with business operations in Cuba orSyria during,the term of the Agreement.
c. As provided in'.Subsection 287.13 (8).F S.,,it federal lay.cea_se_s:to authorize these co ntracting'prohibitions then
they:shall become inoperative_ -
23.. Lobbying and Integrity..
The Grantee agrees that no'funds received by it under this Agreement will:be expended tor.the purpose of lobbying
the Legislature or a State agency pursuant to Sectiion_216.347,FS.,except that pursuant to the requirements of Section
287.058(6),F.$:.during the term.of anyexecuted agreement between Granteeand 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 s ith Sections 11:063 and 2.16:347,-F.S
26. 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 representativesshall'have access to such records for audit purposes during
the term of this Agreement_and for five(S)years following.the completion date,or termination of the Agreement_ In
the event that any work is subcontracted;G rantee shall:similarly require each subcontractor to'maintain•and-allow
access to such records for audit purposes. Upon•request of Department's Inspector General,or oth_er.authorized
State official,'Grantee shall.provide any type of information the Inspector G'eneral.deems,relevant to Grantee's
integrity or responsibility.Such.information.may include,but shall not be.liniited 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 th.longer of (1)three years after the expiration of the Agreement,'or(2)the period.required by the
Generai'Records Schedules Maintained by the Florida Department.of State(available
hup:'ldos.mvf7orida.com/library=archives!records-manaaement/Qeneral-.records-schedules/)_
27. Audits.
a, inspector General. The Grantee understands its duty,pursuant to Section 20:055(5);FS.;• to cooperate'with the
'inspector general in any investigation audit;inspection,.review,,or.Hearin;.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 anti/orsubcontractors,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
byany of the following:methods:
L Grantee shall.provide access•to any location'or facility.on:which:Granteeis•performing'work,,dr
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 allots and_facilitatesampling and monitoring of any_substances,:soils;-materials or
•parameters at any location reasonable or necessary to assure compliance with any ork or legal
requirements pursuantto 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 air
updated copy of Exhibit 1,to Attachment S. If Department rails t'o 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 S,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 Agreetnent.,fee.federl
financial assistance;Grantee shall utilize the guidance provided under 2 CFR§200:330 fordetermining whether
the relationship represents that of a stibr_ecipient 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:\\apos.f d fs.com\fsaa:
Attachment 1;
9of11
Rev.6114/19-
•
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers(overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30)days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's,accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
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.
28. 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.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee
employee,subcontractor,or agent.
d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any
subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities,unless the basis of Department's denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products
Attachment 1
10 of 11
Rev.6/14/19
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
32. 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.
33. 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.
34. 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.
35. 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.
36. Assignment.
The Grantee shall not sell,assign, or transfer any of its rights,duties,or obligations under the Agreement,or under
any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event
of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly
waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its
. intent to do so.
37. 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
11 of 11
Rev.6/14/19
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.R1923
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1.Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is to protect invaluable historic buildings and create innovative solutions
that can be applied state-wide,the City will conduct a planning process that will produce resilience guidelines. 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 no extensions available for this Project.
c. Service Periods.Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation.This is a fixed price 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.
❑ 0 b. Indirect Costs,N/A.
❑ ❑ Contractual(Subcontractors)
❑
El Travel,in accordance with Section 112,F.S.
❑ ❑ Equipment
Cl 0 Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ 0 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
Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
Attachment 2,DEP Agreement#:R1923
1 of 2
Rev.6/14/19
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. Grantee shall 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 minimum limits shall be$200,000 for each person and
$300,000 for each occurrence.
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 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.
The Grantee shall comply with the workers'compensation requirements of Chapter 440,F.S.
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. Additional Terms.
None.
Attachment 2,DEP Agreement#:R1923
2 of 2
Rev.6/14/19
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT weiRic PLN
DE?AGE4Cf:,11UNT R1923
ATTACHMENT
Pi•Oieet:Title Historic District ReSilliCiP and Adaption Guidelines
_ .
Grantee Contact Information
Organization NatheCity of Miami Beach
Authorized Signer for the Organization Jimmy U Morales'
Title --City Maitafrer
Address: 1700 Convention Center Drive
OtyBenCh
Ccide: _ _ : 33139L
Area'COdeund Telephone Number:. (305):67317010 _
:Address.: JihirnVMOralesmiarniiaeachfl.aov
_ -
Grant Manet Contact Information:.
Organization Name City of Miami Beach
Title:: Judy HoaliSlielt.Grants Management Division Director
,Address: 1700 Convention Center Drive
City Miami Beach
Zip codet. . 33139• _
Area Code and Telephone Number (305)673-1510
E mail Address: iov _
Fiscal Merit Contact Infoilitatiotir
Organization Name _ 'City of Miami Beach - _
Title: _ krvttal Dobbins-
AddresS: 1700 Convention Center Drive -
City - 'Miami Beach
Zip Code i 33139 -
Area Code amiTelephOne,Number (305)673-7466 _
E-mail Address :KryStalbobbinsOmiamibeaCilift.g...ov.
FELD _ 594000372
No.: 0105462390000 :
Atth et4 q,pEO.Akrcc.mait ki923
lof7
Rev.5/3/1017
I
1
r
PROJECT LOCATION: The project is located in Miami Beach,Florida.The Flamingo Park study area is
generally bounded by 6th Street on the south,the western boundary or-the Flamingo Park Local Historic
District on the west,Lincoln Lane South on the north,and Meridian Court on the east.The Collins Waterway
study area is generally bounded by 26th Street on the south, Indian Creek Drive on the west,43`1 Street on the
north,and Collins Avenue on the east.Please see below GIS maps.
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Attachment 3,DEP Agreement#:R1923
2of7
Rev.4/30/2018
1
WORK PLAN
1. Project Summary: The City of Miami Beach(City)is vulnerable to the impacts of sea level rise,
coastal flooding,erosion,and ecosystem changes.The City's iconic art deco buildings are
representative of designated historic districts and are a draw for international tourism. Historic
properties are at greater risk than buildings constructed under today's stricter building codes. To
protect invaluable historic buildings and create innovative solutions that can be applied state-wide,
the City will conduct a planning process that will produce resilience guidelines.The guidelines
will present options for each type of construction, providing property owners with step-by-step
actions and adaptation choices.
2. Project Description:
The City of Miami Beach(City)is implementing a multi-phase planning process to develop historic
district resiliency and adaptation guidelines that will provide resilience recommendations to
property owners in Miami Beach.The City completed Phase I of the process in 2018. During Phase
I,the City collected information specific to each property within the study area, including ground
floor elevation, site elevation,foundation type,foundation quality,and construction type.The City
has also completed a draft table of contents and developed an organizational structure for the
resiliency guidelines.The City has developed an outreach strategy to engage both City and Miami-
Dade County stakeholders and has discussed potential impacts on City planning and zoning
regulations.
The City is requesting funding for Phase II of the project,which represents the next step in the
planning process following data collection.During Phase II,the City will define its resilience
approach through comprehensive data analysis and research.The project will consist of public
outreach, data analysis,research of best practices,current conditions,and existing and promising
solutions,and defining the resilience approach.Examples of data to be analyzed include
environmental, landscape,geology,and topography.Examples of research include that of similar
public and private studies, academic studies, landscape and urban planning strategies,and cutting-
edge and advanced technologies,all reviewed for relevant information worldwide.The City will
review a multitude of solution options.Recent studies by the Urban Land Institute and Harvard
University recommend the City increase its resiliency using blue and green infrastructure,also
known as natural resource solutions.As such,the City intends to thoroughly investigate and
emphasize the use of natural resource-based resilience strategies in the design guidelines.
Preservation and conservation are cornerstones of the City's formally adopted Climate Action Plan
and as such will be stressed in the guidelines,as appropriate.
Phase II will result in the production of a report and formal analysis which will be made publicly
available on the City's website and in print.The City has a robust communication network that
includes strong relationships with the business community and homeowners and a prominent social
media presence.For example,the City's Twitter account has almost 100,000 followers.The City
will use existing mechanisms to engage the public for participation in hands-on participatory
feedback sessions and to disseminate the findings of the report.The public outreach strategy will
include discussion at a minimum of three public meetings,which will be open to public comment,
and both passive and interactive outreach strategies.The project will enhance the City's resilience
by increasing public knowledge about sea level rise and contributing to the production of actionable
recommendations that the public will use to proactively improve the resilience of their properties.
Phase III of the project,for which the City is not requesting funding,will consist of establishing
scenarios and creating specific guidelines for each property type.The ultimate outcome of the
multi-phase process will be a comprehensive set of tools that can be accessed through multiple
vehicles including in print and online.The City intends to formally adopt the resiliency guidelines
Attachment 3,DEP Agreement#:RI923
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Rev.4/30/2018
and share them with its regional partners through existing collaboratives such as 100 Resilient
Cities and the Bloomberg Mayors Challenge,which will broaden the reach of the project.
3. Project Need and Benefit:
a. Explain the demonstrated need,which the project addresses.
The City of Miami Beach has the largest stock of Art Deco Buildings in the world.National and
local protection allowed the Art Deco District to thrive and become the economic engine behind the
rebirth of Miami Beach. Historically,the City has worked hard to preserve the intrinsic value that
comes with Historic Preservation,but there is a new challenge with rising seas.Many of the
buildings in the area were developed below the minimum elevation currently required by the Federal
Emergency Management Agency(FEMA),making them susceptible to flooding with minimal sea
level rise or heavy rainfall.
The proposed project addresses the need to preserve historic buildings throughout the City.The
study area includes properties that are located within the western portions of the Miami Beach
Architectural National Register Historic District/Flamingo Park Historic District and portions of
Collins Waterfront Architectural National Historic District and Collins Waterfront Local Historic
District.The City selected these neighborhoods because they are especially vulnerable to coastal
flooding pursuant to the Southeast Florida Regional Climate Change Action Plan,Unified Sea Level
Rise Projection,and they contain a significant number of historic buildings.Increasing resiliency to
sea level rise is a critical function of historic preservation in Miami Beach,due to its extreme
vulnerability.Many of the buildings in the neighborhoods in which the studies will take place
contribute to the creation of the historic character that makes Miami Beach a major tourist
destination,which in turn contributes greatly to the economy of the State of Florida. It is important
to note that the City expects the guidelines to address vulnerabilities more broadly,to properties
throughout the City and Miami-Dade County.In Miami Beach,the North Shore Historic District is
an area that is also highly susceptible to sea level rise and is characteristically similar to the study
area.
•
The entirety of the City is an Adaption Action Area(AAA),pursuant to Objective 14: Adaption
Action Area(AAA)of the Miami Beach Comprehensive Plan Conservation/Coastal Zone
Management Element. Policy 14.4 of this Objective provides that"the City will develop and
implement adaption strategies for areas vulnerable to coastal flooding,tidal events,storm surge,
flash floods,stormwater runoff,salt water intrusion and other impacts related to climate change or
exacerbated by sea level rise,with the intent to increase the community's comprehensive adaptability
and resiliency capacities."The aforementioned policy of the AAA provides clear evidence of the
proposed project's necessity and importance.
It is important to note that the historic districts included in the study have many different types of
buildings within them,built with various means of construction,such as slab-on-grade or concrete
columns and beams. Resiliency needs vary;solutions that may work for one type of structure may
not work for another. The City needs to create a menu of options and design guidelines to improve
the resiliency of each type of building,thereby strengthening the area overall.Rising insurance rates
are a major challenge for property owners in Miami Beach and resiliency adaptations have the
potential to reduce insurance costs.Additionally, it is incumbent upon the City to prepare
amendments to its Comprehensive Plan and Land Development Regulations that will facilitate
property owners' ability to make improvements.Currently the City does not have the resources to
address plan updates outside the proposed project.
In addition to the City's needs,other planners,designers,consultant firms,agencies,communities,
and homeowners lack a reference point from which they can establish planning and design
guidelines that are specific to them. Many other coastal cities contain buildings that are of a similar
Attachment 3,DEP Agreement#:R1923
4 of 7
Rev.4/30/2018
construction type to those within the suggested areas,and as such,the needs addressed by the
proposed project are very relevant statewide and can facilitate their future planning processes.
b. Explain how the proposed project meets the purpose of one or more of the Goals and/or
Priority Areas for the funding source you are applying for.
The City of Miami Beach is in compliance with the requirements of Priority Area 1 and Priority
Area 2 with the adoption of Comprehensive Plan Amendment"Miami Beach 16-1ESR,"which
brought the City into compliance with the requirements of 2015 Florida Senate Bill 1094,entitled
"Peril of Flood."Additionally,the Comprehensive Plan Amendment established the entirety of
the City as an Adaption Action Area.
The proposed project addresses Priority Area 3 and Priority Area 4.For Priority 3,the City is
attempting to identify potential actions to address the vulnerabilities identified as part of the
Adaption Action Areas amendment.The guidelines will provide property owners with actions that
they will be able to take to make their properties more resilient,while informing the City on
amendments to regulations that must be made to facilitate these actions. For Priority 4,the
proposed project informs the development of tools to better inform the public as to the design
guideline options that are available for their specific type of building,and better inform them as to
the vulnerability of their property. The project will result in a publicly available report and data
analysis that will inform decision-making at the individual level as well as by public officials and
business owners.The City will address regional needs through the proposed project by creating a
report that can be reviewed at existing regional collaboratives such as the 100 Resilient Cities
Greater Miami and the Beaches Resilience Challenge
c. Discuss how the project is feasible and can be completed by the Deadline.
The proposed project,Phase II,is expected to begin upon contract execution in June of 2019. Phase
II is expected to take approximately six(6)months to complete thus ending by December 31,2019,
well in advance of the June 21,2020 deadline.Because Phase I is complete,the City has already
engaged the consultants it expects to partner with for Phase II and throughout the duration of the
project.Having existing relationships in place will streamline the process. In addition,the City is
already engaged in the procurement process and thus expects no delays with its implementation.
4. Budget Summary:Allowable budget categories and costs for this project are listed in the table
below.
FIXED PRICE Grant Amount Awarded
AGREEMENT TOTAL $75,000
5. Project Timeline:All tasks are to be completed and submitted no later than the Deliverable due
date listed in the table below. Request for any change must be submitted prior to the current
deliverable due date listed in the project timeline. Request are to be sent via separate email to the
Department's Grant Manager,with the details of the request being made and the reason for the
request.
PROJECT TIMELINE
Task Task Title Deliverable Funding
No. Due Date _ Amount
1 Data collection and analysis 01/10/2020 $37,500
Attachment 3,DEP Agreement#:R1923
5 of 7
Rev.4/30/2018
2 Defining approach 01/10/2020 $37,500
Total $75,000
6. Performance Measure: The Department's Grant Manager will review the deliverables to verify
that they meet the specifications in the Grant Work Plan and this task description,to include any
work being performed by any sub-contractor(s). Upon review and written acceptance by the
Department's Grant Manager of all deliverables under this task,the Grantee may proceed with
payment request submittal.All deliverable documents must be provided in an electronic
downloadable format.
7. Consequences for Non-Performance: The Department will reduce each Task Funding Amount
by 5%for every day that the Deliverable(s)is not received on the specified due date in the most
recent Project Timeline,for the Agreement. Should a Change Order or Amendment be requested
on the date of or after the most current Deliverable Due Date,the 5%reduction of that Task
Funding Amount will be imposed until the date of the requested change is received,via email by
the Department.
8. Payment Request Schedule: Grantee may submit a request for the Task Funding Amount to be
paid using the Exhibit C, after all Deliverables for that Task have been approved by the
Department. Request(s)for payment must include the Exhibit A showing 100%completion of that
Task and must be submitted within 45 days of the Deliverable Due Date.
Or
Grantee may submit one request for the Grant Amount Awarded,by using the Exhibit C,after the
project is 100%completed. The request for the Grant Amount Awarded,must include an Exhibit A
showing 100%completion for all Tasks,and must be submitted within 45 days of the Deliverable
Due Date.
TAKS&DELIVERABLES
Task#1
A. Title: Data collection and analysis
B. Description: Task 1 consists of the following: synthesizing the results of phase 1;gathering
environmental data, including the South Florida Landscape, Geology,and Topography;
identifying best practices, including identifying and reviewing public studies and
implementation from cities worldwide,key studies by private organizations,academic studies,
landscape and urban planning strategies used elsewhere,cutting-edge and advanced
technologies used elsewhere;and rating the vulnerability of different types of structures.The
City will conduct a flood insurance analysis including the review of flood insurance programs,
trends,and innovative approaches to flood insurance from other areas that are susceptible to sea
level rise.The City will complete a historic buildings resilience framework and rate the
vulnerability of historic resources,the methodology of which may mirror the Lifting Feasibility
Rating system previously established.The City will consider the impacts retrofitting may have
on historic resources.
Attachment 3,DEP Agreement#:R1923
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Rev.4/30/2018
C. Deliverable: Detailed report of findings from data analysis identifying data sources,and
explaining the methodology of the resilience framework and vulnerability analysis.
Task#2
A. Title: Defining Approach
B. Description: Synthesizing research and data and defining the resilience approach;this includes
specific approaches to resiliency and adaption, incorporating architectural, landscape,urban
planning and engineering strategies,inclusive of developing historic buildings adaption/retrofit
approach,a menu of options for building categories,and developing preliminary retrofit costs.
This task includes such items as determining the building type categories and codifying short,
middle,and long-term scenarios. Potential solutions for consideration(and technical areas to
study)include, but are not limited to: flood proofing,increasing permeable areas,increasing
natural resources including blue and green infrastructure,enhancing onsite water retention,
raising structures, requirements/limitations of use at ground-level;repurposing existing floors,
adjusting floor-to-ceiling heights,assessment of need to amend the land development
regulations related to building heights and floor area ratio,and required utility adaptations.At
this stage the City will also draft narratives to be included in the guidelines.The City will
present its initial findings in public meetings and will request public input through active
engagement,in addition to sharing information broadly through existing channels.A minimum
of three public meetings will be held.
C. Deliverable:Narrative report indicating approach to resilient guidelines and critical decision-
making points,to include agendas,and sign-in sheets for all public meetings.
Attachment 3,DEP Agreement#:R1923
7 of 7
Rev.4/30/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services
under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless
of the physical form,characteristics,or means of transmission,made or received by Grantee in conjunction with the
Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida
Constitution or section 119.07(1),F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable.
For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as
defined in section 119.0701(1)(a),F.S.,the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10,F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract,transfer,at no cost,to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service.If the contractor transfers all
Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
. keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable
requirements for retaining Public Records.All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records,in a format specified by Department as compatible with
the information technology systems of Department.These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word,Outlook,Adobe,or Excel,and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S.,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services(&,,floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of 1
Rev.4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection(which may be referred to
as the "Department'; "DEP", "FDEP"or"Grantor';or other name in the agreement)to the recipient(which may be
referred to as the"Recipient'; "Grantee"or other name in the agreement)may be subject to audits and/or monitoring
by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97,F.S., as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425,or other procedures.By
entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer(CFO)or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements,the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
internet at www.cfda.gov
Attachment 5
1 of 6
BGS-DEP 55-215 revised 7/2019
PART II;-STATE FUNDED
This part is applicable,if the..recipient is a nonstate,enfity as defined by Section 215,.97(2);.Flotida Statutes.,
I. In thci,-event that the recipient expends a total amount of state.financial aSsistance--044-al to or in excess of
$750,000 in any fiscal year Of such reciPient.(for fiScal,years ending Tune 30, 2017,,and thereafter), the.
recipient must have a State-Single or tirojedt-specifie.audit for such fiscal year in accordance with.Sectign.
215.97, F.S.; Rule Chapter 691-3, EALC„ State Financial Assistance; .and. Chapters .113.550 ,(local
governmental entities),or 10,650 (nonprofit,and for-profit Orgatii?atiorii), Rules of the Auditor General.
EXHIBIT I to this form lists the state financial assistance awarded through the Department ofEnvironmental
Protection by this,ageeeMentIn determining the state financial aSsiStahee.expended in its fiscal.year;the
recipient shall considet all sources of state financial assistance,including state financial assistance received,
'front the.Department of Environmental ProteetiOn,other state agencies, and Other.nOnstate entities,• State
financial assistance does not include federal direct or pas'. through awards,and resources received by.a
•lihnstate entityfoi:,Fedefai,progtain matching requirenients.
connection with the-audit requirent&addresseclin.Paft II,Parigraph,1;;the recipient shall ensure diatthe.
.‘.
audit
cohijiieswith the,requirements of Section 215,9701 Florida Statutes This includes submission of a
financial reporting package as defined by. ecti-oh.215.97(2), Florida Statutes,.and Chapters.10,550.(lOcal.
.governmental entities)or 10..650(nonprofit and for-profit organizatiOns),Rules•oftheAnditor'General.,
If the recipient expends less than S750;000 in state financial assistance in fiscal year(for fiscal,year ending•
,
!tine 30„'2617,.and'thereafter), an audit conducted in accordance Witli.-theprovisiOns ofSection.215-.974.
Florida Statutes,is not required. In the event that the:teeipient expends less than S750,000 in state financial
•assistance in its fiscal year,and elects tOhaVe'ananclit.crindieted in accordance with the provisions Of Section
215.97,,Florida Statutes,thg,cost of the audit must be paid from.the nonstateentity!. ."resburges'O.g.:i the cost
Of such an audit must be paid from the regiiiient'sresnurceS.Obtained frcimother.thati State,entities),•
. . . _
4, For information regarding the Florida Catalog of State Financial ASSiStanee(CSFA),.arecipient should access
the Florida Single Audit Act Website loLated at hitos JIapc fidic comlfsaa for assistance In addition to the:
above Websites, the following Websites:may be ,accessed for information Legislature's Website-at.
littp://ww.v.leastate:11.us/Wdcditieiincidx,alih, State of Florida's website at htto://www.mVflori-di.eorni,
Department of Financial,.SerVieee,Website:at:littnt/Avww,T1dfs.COM/and'.the Auditor General's Website at
htto://www.rrivflorida.CoM/audablli
PART IlkOTHER AUDITRE4401REMENTS
. .
This part,would b e-used to specih-any.addi4onql audit relptirements intposed by.the Statcawanling entity
_ . _
thg(arelelya Wafter oft/u:!State-0,01-dingentity's policy(i.e:, the audit.is not re;q0i'ed by Fede,a!or State laws
and¬ in 'Conflict With otherFederal or Stateaudit requirentents) PursuantioSeetion:71.5;97(8) .F.'laridaStatutes.
State agencies may conduct or.arrangefor ainlits-ofState financial assistance that are in addition to audits conducted'
in accordance with Section,?15.97,Florida Stattites, In such an event.theState altrardinggentl am range for
Anding,thelnif COSt ofSuch additional'audits.)
. . . - .
PART IV;REPORT SUBMISSION
. .
1. Copies of repOrting,packag'eslor audits ennducted,in accordance With.2.CFR Part 200, SiMpart F-Audit
• • _r
gi.1!•iirenients,and required by PART I of.;his form shall be submitted,when required by 2'.CFR 263.$12,by •
or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in2CFR209.30:
.ànd2OO.512 _
A. The Federal Audit Clearinghouse designated in 2.CFR-000;501(0(the number of copies required by
2 CFR•§200'.501(a)should besithinittect to the'Federal Audit ClearinghOuse),atthe following adch***:.
Attkhimenf
2o16
gaS7DEP 55.215 revisOjtiO I •
By Mail:
Federal Audit clearinghouse•
Bureau,of the a,enSuS
1201 East 10th Street
Jeffersonville,N 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January
2008,must be submitted using the Federal,Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.govitaciveb/
Copies of financial reporting packages required by PART 11 orthis Attachment shall be submitted by Or on
behalf of the recipient directly to each of the follewirig;
A. The Depot-intent of Envirdlimental Ptotdetion'at one&the folioWing,addresses!
By Mail:
Audit Director
Florida Department of Environmental ProtectiOn
"Office,of fnspectOr General,MS 40
3900'aottritonWealth Boulevard
TalialiaSSee,Florida 323994000
Electronically;
FDEPStrinleAudittaiden.state.11.us
0, .
The Auditor General's Office at theo lowing address.
Auditor General
Local Government Audit /342
Claude Pepper Building,Room 401
111 West MadiSotiStrect
Tallahassee;Florida 323994450,
The Auditor General's website(littOt/illauditors,ovi)provides instructions for tiling an
. _
cOpy of a financial reporting package.
Copies of reports or management letters required by PART Ill 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
Audit Director
Florida Department of Environmental Protection
Office of Jrispeotor General,MS 40
3900 Commonwealth Boulevard
Tallahassee,FlOrida 32399-3000'
Electronically:
FDEPSfrittle.Auditdep:State.fluS.
4. Any repOrts, management letters or other information required to be submitted. to the Department of
Environmental Protection pursuant tO this Agreement Shalt be submitted timely in accordance With CFR
200.512, section 21597, F.'S:,and Chapters 10.550(local governmental entities)or 10:650(nonprofit and
for-profit organizations).Rules Odle Auditor General,aiapplicable..
Att4ciiiiiept 5
3 Of 6
OGS-DEP 55-215 7:211-1(1
5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities)and 10.650(non and for-profit organizations),Rules of the Auditor General,should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five(5)years from the date the audit report is issued,and shall allow the Department of
Environmental Protection, or its designee,Chief Financial Officer,or Auditor General access to such records upon
request.The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection,or its designee,Chief Financial Officer,or Auditor General upon request for a period of three(3)years
from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection.
Attachment 5
4of6
BGS-DEP 55-215 revised 7/2019
EXHIBIT—1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note:If the resources awarded to the recipient represent more than one federal program,provide the same information shown below for each federal program
and show total federal resources awarded
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
A Federal Agency Number CFDA Title Funding Amount Category
•
Federal State
Program CFDA Appropriation
B Federal Agency Number CFDA Title Funding Amount Category
Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in
the same manner as shown below:
Federal
Program First Compliance requirement:i.e.:(what services of purposes resources must be used for)
A
Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources)
Etc.
Etc.
Federal
Program First Compliance requirement:i.e.:(what services of purposes resources must be used for)
B
Second Compliance requirement:i.e.:(eligibility requirement for recipients of the resources)
Etc.
Etc.
Attachment 5,Exhibit 1 •
5 of 6
BGS-DBP 55-215
Revised 7/2019
Note::if ilie reso►teces awarded to 11w recipient for matching represent'mire than°ne.federal program,j►rovide.the san►e information shown below for each
federal prbgran7 and show total state►•esonrces awarded for matching: ._
State Resources Awarded to the Recipient Pursuant to this Agreement'Consist'of the Following Matching Resources for.Federal Programs:
Federal' State
Program Appropriation
A -Federal Agency CFDA -CFDA Title - :Funding Ainount. Category
Federal State
Program .Appropriation
B. Federal Agency CFDA CFDATitle: . .Finiding.Aniount Category
Note: Ifthe res•oit►.•ces awarded in the recipient rrj,c'edent more than'one state p1 oject;'ljrovtcic the•sante itfo,inalion'sl,owirbelow fo,each state project and shout?
total slate jitianciaLassistance awarded that is subject to section 215.)7-.F.S.
' State Resources Awarded to.the.Recipient Pursuant to this'Agreemenl Consist of the Following Resources:Subject to Section.215:97,F:S.:.
'State. CSFA'Title' State
Program' _ :State .CSFA ,or. .Aliproliriation
A. State Awarding Agency Fiscal Year IVuniber Funding Source Description Funding Amount Category
Original •Departthent of 2019/2020 , 37.09& ' 'Florida Resilient.Coastal Program' '575,000.00 100593
Agreement_, Environmental Protection'
'State' ;CSFA-Title' State
• Program •State CSFA Or Appropriation '
... B • State Awarding Agency' Fiscal.Year :Niii»bcr, • Funding Sonic.Description Funding Amount. " :Category'
-Total Award '$75,000.00. . _
.Note:.'l ist applicable compliance requirenieat in the same'manner.as illustrated above for federal resonrces:.lor matching resOu,ces provided by the
I)epa►'Uncnt,I►r D1s'P for federal progi•pn;s;tlw i'egcilre»cents alight be similar.to the regiiircmeals fru't/sc.'appliea61L fedi,ill p►'og,nuns:it/S•o,10 1/n.extent thcil
c/fferein regcili•c/neats pertain to rl erenl amnion for the Heti f id 7 al`resoiil't•e.s there maybe mo'e.lhci/i one grouping(i:e. 1;2, 3, etc)Iisted under thiS ccsiegos-,
For_each program identified above;the'recipient shall comply with the program requirements'described:'in the Catalog of Federal Domestic,Assistance(CFDA)
[www.cfda.gov]and/or the.Florida Catalog of State Financial Assistance(CSFA)[littpsi//apps:fldfs.coni/fsaa/seareliCntaloe.asn-;and State Projects Compliance
.Supplemcnt(fart Fouri.'State.Projects Compliance Supplettient''[htlps://apps.fldfs.comlfsaa/state ,project coiiipliance.iispxJ."1•heservices/purposes for which the
finids are to be used.are included in die-Agreement's Grant Work Plan. Any match required-by the Recipient is:clearly'indicated in the Agreeiiient.
•
Attachment 5;Exhibit.l
•6of6-
UG5-DEP 35-215.
Reviud,7gcI0
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM-SPECIFIC REQUIREMENTS
FOR THE FLORIDA RESILIENT COASTLINES PROGRAM
ATTACHMENT 6
1. 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.
2. The following replaces paragraph 10.,Status Reports,Attachment 1,Standard Terms and Conditions:
a. Quarterly Reports. The Grantee shall submit status reports quarterly 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 five(5)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.
b. Final Project Report.The Grantee shall also submit a Final Project Report utilizing Exhibit F,Final Project Report
Form,attached hereto and made a part hereof,along with the final quarterly progress report.If the Grant Work Plan
requires a Final Report,the Grantee will report those expenditures to the Department in the Final Report,as
required.A draft of the Final Project Report shall be submitted electronically to the Department's Grant Manager for
approval. After approval by the Department's Grant Manager,one(1)electronic copy of the Final Project Report
shall be submitted to the Department's Grant Manager.Final payment will be held until receipt and approval of the
Final Project Report.
3. Ineligibility.If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement;
Attachment 3,Grant Work Plan;and all other attachments and exhibits,the Grantee shall be ineligible to be considered for
funding under the Florida Resilient Coastlines Program for two(2)consecutive funding cycles. The Department shall make
its determination of ineligibility within thirty(30)days of the Agreement end date and notify the Grantee in writing if
determined ineligible.
4. Copyright,Patent and Trademark.The Department reserves a royalty-free,nonexclusive,and irrevocable license to
reproduce,publish or otherwise use,and to authorize others to use,for state government purposes:
a. The copyright in any work developed under a grant or contract under a grant.
b. Any rights or copyright to which a grantee or a contractor purchases ownership with grant support.
5. Publications,Photographs,Audiovisuals&Signs. Publications,printed reports(other than the scientific,technical,or
professional publications as identified in 7.c.,below),audiovisuals(including videos,slides,and websites except that unless
required under special terms of this Agreement,this requirement does not apply to audiovisuals produced as research
instruments or for documenting experimentation or findings and which are not intended for presentation to the general
public)or similar materials must include the DEP logos(which can be found on the Department's website at
https://floridadep.gov/resilience or by contacting the Department's Grant Manager for a copy)and the following statement on
the cover or the first page:
"This(report/video/website/publication)was funded in part,through a grant agreement from the Florida Department of
Environmental Protection,Florida Resilient Coastlines Program,by a grant provided by the Florida Coastal Office. The
views,statements,findings,conclusions and recommendations expressed herein are those of the author(s)and do not
necessarily reflect the views of the State of Florida or any of its subagencies."
The next printed line shall identify the month and year of the publication.
Attachment 6
1 of I
Rev.1/17/2019
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Progress Report Form
Exhibit A
DEP Agreement No.: R1923
Grantee Name: City of Miami Beach
Grantee Address: 1700 Convention Center Drive,Miami Beach,FL 33139
Grantee's Grant Manager: Judy Hoanshelt Telephone No.: 305-673-7510
t.
Project Title: Historic District Resiliency and Adaptation Guidelines
Reporting Period:
Provide the following information for all tasks and deliverables identified in the Grant Work
Plan: a summary of project accomplishments for the reporting period; a comparison of
actual accomplishments to goals for the period; if goals were not met, provide reasons why;
provide an update on the estimated time for completion of the task and an explanation for
any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
R1923 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
Exhibit A,DEP Agreement#:R1923
1 of 1
Rev.5/30/2017
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No. R1923
Payment Request No. Request Date:
Grantee's Grant Manager Name: Judy Hoanshelt
City of Miami Beach
Grantee Name&Mailing
Address for Payment: 1700 Convention Center Dr.
Miami Beach,FL 33139
Task No.: Total Amount(s)Requested:
Performance Period-Date Range:
GRANT EXPENDITURES SUMMARY SECTION
CATEGORY OF BUDGETED AMOUNT OF PAYMENTS REMAINING
EXPENDITURE
AMOUNT THIS REQUEST RECEIVED AMOUNT
(As authorized)
Salaries/Wages $ _
Fringe Benefits $ _
Indirect Cost $ _
Contractual
(Subcontractors)
Fixed Price $ _
TOTALS $ - $ - $ - $
GRANTEE CERTIFICATION
1.The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement.
2. All costs included in the amount requested have been satisfactorily performed,received,and applied toward
completing the project;such costs are documented by invoices or other appropriate documentation as required in the •
Agreement.
3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the
Grantee is not in default of any terms or provisions of the contracts.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature
Print Name Print Name
Telephone Number Telephone Number
Exhibit C-Part I 4
Exhibit C R1923
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RESILIENT COASTLINES PROGRAM
INSTRUCTIONS FOR COMPLETING
EXHIBIT C
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address to which you want the state warrant(payment)sent.
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####.
DATE OF REQUEST: This is the date you are submitting the report to DEP.
TOTAL AMOUNT REQUESTED: This should match the amount on the"TOTAL AMOUNT"line for the`AMOUNT OF THIS CLAIM"column.
GRANTEE'S GRANT MANAGER: This is the person identified as grant manager in the grant agreement.
PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period requesting reimbursement for.
TASK NO.: Enter the number of the TASK for which you are requesting payment.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REOUEST"COLUMN: Enter the amount that was paid out for all listed tasks during the invoice period for which you are
requesting reimbursement.
This must be by budget category as in the currently approved budget in Attachment 3(Project Work Plan),or amendment of your grant Agreement
Do not claim expenses in a budget category that does not have an approved budget.
Do not claim items that are not specifically identified in the current Budget section of Attachment 3.
NOTE:Shaded areas are auto calculated.
� I
Enter the total amount budgeted as approved in Attachment 3 in the"BUDGETED AMOUNT"line.
Enter the amount of this request as approved in Attachment 3 in the"AMOUNT OF THIS REQUEST"line.
Enter the total cumulative amount of this request and all previous payments on the"PAYMENTS RECEIVED"line.
The amount for the"REMAINING AMOUNT"line,will automatically calculate and populate.
GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and the Grantee's Fiscal Agent as
identified in the grant agreement.
Required Back-up Documentation for each Deliverable:
Completed Exhibit C showing requested funds for payment.
Completed Exhibit A(Progress Report)showing requested task to be 100%completed,for requested funds.
Copies of all invoices to the Grantee.
Proof of Payment(Copies of canceled chekcs,front and back or EFT verification)-Not required for Fixed Price Reimbursement Agreements.
Other supporting documentation,as needed.
Exhibit C-Instructions
CONTRACTUAL DETAIL
Complete one table per Task containing Contractual Reimbursement Requests
Add rows as needed for each table.Add tables as needed,if more than one task is included in this invoice.
Be sure to attached the original invoices to the Grantee,and proof of payment documents.
Formulas are included in some of the spreadsheet cells,denoted with"$ - .
Task Number:
Contractual Services :
Performance Sub-
Sub-Description.of Good/Services contractor .contractor Amount Paid .Pa Payment Method Used Proof of
Period or Date Sub-contractor Name y Payment Amount Claimed
Completed Provided Invoice Provided
p Number Invoice Date11111111.11111.111mimiummuimm
Contractual Total $ -
Exhibit C R1923 Page 2
•
.•
SALARY AND FRINGEDETAIL
Complete one table for each task containing Salary:,-Fringe;and Indirect Cost Reimbursement Requests
Add rows as needed for each table.Add tables as needed;If more than one tas Is included in this invoice.
Be sure to attached a toMcof emplciVee's pay stubs as proof of payment;
Formulas are included In some of the spreadsheet cells,denoted with"$
Task Number:. I
.. ...... ___. _. Salary.- - •-• . .
-- • ...
. •
Proof of
.. • Performance Period or .Total Hours :: ' Earned Total a- - .- ' Paymeitriype
Payment Amount•
. ,Position Title : Employee Name Hourly Wage D t Pald -1 ,iised.
',Date Completed - ' •Worked ' • . Amount Paid.: • Claimed
Provided
• - •
_
$ .. .
. ,
$ _
$, ....-. . ' • .
. .
IIIMIIIIIMIIIIMIIIIIIIIIMINIIIIIIIIIIIIIIIII . TOTA11111111111111111111.111111111111111.
. •frihge
,
Performance Period or Fringe Rate(9f;of : tFringe' Tidal Amount, :' Payment Time Proof°'' Amount
:PcisItion Title : -EmployeeName . . • , • ' . ' • :-• - -' - ' Date Pald ' . -'- - Payment
• 'Date Completed 'Salarti) • t Amount. Paid • , :'Wed,' Claimed
- • _ ., :Provided
. $• - : • ,
TOTAL._ $ :-.. •
- '•- - ' . .
Indirect
_
- .
• ' •C-- - ' ;ndIreit Rate(Y) .PeitarnanePeriodOr: - : . indirect, AmountDeseriptiOn of indirect - - • . - - of Salary&'
Dates Utilized' ' Amount,.. • Claimed
. ...... __ - " :.,. ' ! .'Fringe.. ! • .•..: , ... .
- ' _. .
• - ] ' - . - '
I .
•
TOTAL . •I[J=IIME
. • .
. •
.• ,.
.Eiliibit C R1923 Page 3
—-- _ -- - -— -- '------ _t.
EXHIBIT F
DEP AGREEMENT NO.R1923
Historic District Resiliency and Adaptation Guidelines
City of Miami Beach.
Final Project Report
nEPAj7.A_
414L 4,44,O11/4
4./v T A Y 4
7
1.
This report funded hi 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 authors)and do not
necessarily reflect the views of the State of Florida or any of its subagencies.
Month.&year
Exhibit F,DEP Agreement#:R1923
lof4
Rev.3/11/2019
Final Project Report
Miami Beach Historic District Resiliency and Adaptation Guidelines
Executive Summary
Methodology
Outcome
Exhibit F,DEP Agreement#:R1923
2of4
Rev.3/11/2019
Further Recommendations
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Exhibit F,DEP Agreement#:RI923
3 of 4
Rev.3/11/2019
INSTRUCTIONS FOR COMPLETING
ATTACHMENT F
FINAL PROJECT REPORT FORM
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####.
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 final project report to no more than five 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 on page 1 of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
•
Exhibit F,DEP Agreement#:R1923
4 of 4
Rev.3/11/2019
04,9.44,4,
4,4,0
• Florida Department of EnvirOmnental Protection
EXHIBIT G
" 1:*
PHOTOGRAPHER RELEASE FORM
%
FOR PHOTOORANIS,VIDEO ,AUDIO REcORDENOS AND ARTWORKS
DEP AGREEMENT NO: R1923
RELEASE FORM FOR PHOTOGRAPHS, VIDEOS,AUDIO RECORDINGSAND ARTWORKS
Owtier/Subruitter'a Name _
Address:
City _ - State
Phone Number:.( .Email .
License and Indemnification
I certify that I am the owner of the photograph(s), video(s), audio recording(S) and/or art work(s)'being
submitted and am iS years Of:age orOlder.
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(5)and art work(s)submitted
herewith("the,Work")to promote the Florida Department of Environmental Protection Uses may include,
but are not limited to, promotion of the Florida Department of Environmental Protection, including,.but
not limited to, through publications, websites,social media venues and advertisements and..distributed to
the media and in commercial products lie Florida Department of Environmental Protection reserves the
right to use/not use any Work as deemed appropriate by the Florida Department.,of Environmental
PrbtectiOn.No Work will'be returned once Slibrnitted,
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 ani other or entity.
I hereby unconditionally release, hold harmless and indemnify Florida Department of Environmental.
Protection, its:employees, volunteers, and representatives of and from all claims;,,liabilitiesand losses
arising out of or in connection with the Florida Department of EnVirbrunental Protection.S.nse of the Work.
This release and indernnifidation shall be binding upon me, and rity, heirs, executors, administrators and
assigns. I have read and Understand the terms of this release:
OwnerSignature: _ __ - Date:
Photo/Video/Audio/Artwork Recording Filetiarrie(S),
•
Location of photo/video/audio recording/artwork:
Name of Person Accepting Work Submission .
EJnbit 0,Ott,Agreement RI 92:4,
1 or 1
'Rev:5/1/2019
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Progress Report Form
Exhibit A
DEP Agreement No.: R1923
Grantee Name: City of Miami Beach
Grantee Address: 1700 Convention Center Drive,Miami Beach,FL 33139
Grantee's Grant Manager: Judy Hyo,anshelt Telephone No.: 305-673-7510
Project Title: Historic District Resiliency and Adaptation Guidelines
Reporting Period:
Provide the following information for all tasks and deliverables identified in the Grant Work
Plan: a summary of project accomplishments for the reporting period; a comparison of
actual accomplishments to goals for the period; if goals were not met,provide reasons why;
provide an update on the estimated time for completion of the task and an explanation for
any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
R1923 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
Exhibit A,DEP Agreement#:RI 923
1 of 1
Rev.5/30/2017
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No. R1923
Payment Request No. Request Date:
Grantee's Grant Manager Name: Judy Hoanshelt
City of Miami Beach
Grantee Name&Mailing
Address for Payment: 1700 Convention Center Dr.
Miami Beach,FL 33139
Task No.: Total Amount(s)Requested:
Performance Period-Date Range:
GRANT EXPENDITURES SUMMARY SECTION
CATEGORY OF BUDGETED AMOUNT OF PAYMENTS REMAINING
EXPENDITURE AMOUNT THIS REQUEST RECEIVED AMOUNT
(As authorized)
Salaries/Wages $
Fringe Benefits $ -
Indirect Cost $Contractual
(Subcontractors)
Fixed Price • $
TOTALS $ - $ - $ - $
GRANTEE CERTIFICATION
1.The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement.
2. All costs included in the amount requested have been satisfactorily performed,received,and applied toward
completing the project;such costs are documented by invoices or other appropriate documentation as required in the
Agreement.
3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the
Grantee is not in default of any terms or provisions of the contracts.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature
Print Name Print Name
Telephone Number Telephone Number
Exhibit C-Part I 1
EXHIBIT F
DEP AGREEMENT NO.R1923
Historic District Resiliency and Adaptation Guidelines •
City of Miami Beach
Final Project Report
•
ogoihr
®'
4i. •i1
art
v 1 ®
i". *Pe:\
dit�I TA L '
This report 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.
•
Month &year
Exhibit F,DEP Agreement#:R1923
1 of 4
Rev:3/11/2019
Final Project Report
Miami Beach Historic District Resiliency and Adaptation Guidelines
Executive Summary
Methodology
Outcome
Exhibit F,DEP Agreement#:R1923
2 of
Rev.3/11/2019
Further Recommendations
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Exhibit F,DEP Agreement#:R1923
3 of 4
Rev.3/11/2019
INSTRUCTIONS FOR COMPLETING
ATTACHMENT F
FINAL PROJECT REPORT FORM
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####.
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 final project report to no more than five 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 on page 1 of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Exhibit F,DEP Agreement#:RI923
4 of 4
Rev.3/11/2019
°o-co.DEPARr44,
° Florida Department of Environmental Protection
Leo E�l'HIBIT.G
°. � PHOTOGRAPHER RELEASE FORM
'4i;; j Pa° FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS
DEP AGREEMENT No, R1923
RELEASE FORM FOR PHOTOGRAPHS, VIDEOS,AUDIO RECORDI GS AL)ARTWORKS
Owner/Submitter's Name __ _
,Address. _ _
City State: _ . Zip
Phone Number: ( ) __ Eiilail: ___ _ _
License and Inderiinification
I certify that I airs the owner of the photograph(s), video(s), audio:recordings) and/or art work(s)!being"
submitted and,am 18 years'ofage or older.
I hereby grant to the:Florida Department of`Environmental Protection the.royalty-free and non=eN,clusive,
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;:promotion nt-.the Florida Department of Environmental Protection; including;but
not limited to, through publications, websites;social media venues.and advertisements and distributed to:
the media and 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 Env ironmental
Protection..No Work will be.returned Once submitted,
I hereby acknowledge that the Florida Depaitmentof 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 asa result of anysuch infringement; and 1 hereby represent and warrant that the
Workdoes"not mfringe'the rights of any other individual or'entity.
I hereby unconditionally release, hold harmless and indemnify 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 o fthe Work..
This release and indemnification shall be binding upon me, and my heirs, executors, administrators and
assigns.I.have read andunderstand the tenris of this release..
Owner:Signature: Date: ..
Photo/Video/Audio%Ai tworkRecordingFilename(s):
Location of photo%video/audio recordin/artwork
Name of Person Accepting Work Subuussion:
Exhibit G,DEP Agreement#:RI923
loft
Rev.5/1/21119,