Res No 131-24-16236RESOLUTION NO. 131-24-16236
A RESOLUTION OF THE CITY MAYOR AND
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING A PROPOSAL AND AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE
PREPARATION OF A COMPREHENSIVE
VULNERABILITY ASSESSMENT AND ADAPTATION
PLAN NOT TO EXCEED $150,000; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami ("City>') seeks to enhance the community's
resilience by conducting a comprehensive flood vulnerability and sea level rise assessment, as well
as the development of an adaptation plan ("the "Project"), in accordance with Section 380.093,
Florida Statutes; and
WHEREAS, the City has been awarded a grant by the State of Florida Department of
Environmental Protection to fund the Project through the Florida Resilient Coastlines Program in
the amount of$150,000 (the "Grant"); and
WHEREAS, Kimley-Hom and Associates, Inc. ("Consultant") has submitted a proposal
attached hereto as Exhibit "N' (the "Proposal',) to provide the necessary services to complete the
Project in accordance with the terms and requirements of the Grant, including project management,
public outreach, data acquisition, exposure analysis, and the preparation of a final vulnerability
assessment report and adaptation plan (the "Services"); and
WHEREAS, the City desires to enter into an agreement with Kimley-Hom and Associates,
Inc. for the Services for a total fee not to exceed $150,000; and
WHEREAS, Section 5.H. of Article III, of the City's Charter, provides that competitive
bids are not applicable to the purchase of expert services that are approved by the City
Commission, and has determined that the Services to be provided by Consultant qualify as expert
services under the City Charter; and
WHEREAS, in order to implement the Project, the City Commission desires to approve
and authorize the City Manager to enter into an Agreement with the Consultant, in substantially
the form attached hereto as Exhibit ''B," to provide the Sen,ices for the Project in an amount not
to exceed $150,000 based on the Consultant's Proposal attached hereto as Exhibit "A"; and
WHEREAS, the cost of the Services shall be charged to FDEP Vulnerability Assessment
Grant, Account Number I 06-3904-524-3450, which has a current balance of $150,000, or other
funding source as determined by the City Manager to be in the best interest of the City; and
WHEREAS, the City Commission finds that this Resolution is in d1e best interest and
welfare of the City.
Res . No. 131-24-16236
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Am>roval of Pl'Oposal and Project Agreement. The Consultant's
Proposal for the Services attached hereto as Exhibit "A" and the Agreement, in substantially the
form attached hereto as Exhibit "B", are hereby approved.
Section 3. Authorization. The City Manager is hereby authorized to execute the
Agreement with Consultant, in substantially the form attached hereto as Exhibit "B", with such
changes and modifications as may be approved by the City Manager and the City Attorney. The
City Manager is hereby authorized to charge the costs of the Services to FDEP Vulnerability
Assessment Grant, Account No. 106-3904-524-3450, which has a current balance of$150,000, or
other funding source as determined by the City Manager to be in the best interest of the City.
Section 4. Implementation. The City Manager is authorized to take any and all
action necessary to implement the Project and the purposes of this Resolution.
Section 5. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 6.
adoption .
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 3rd day of September, 2024.
READ AN APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
w
&BIE MAN, P.L.
ClTY ATTORNEY
COMMlSSION VOTE: 5-0
Mayor Fernandez: Yea
Vice Mayor Bonich: Yea
Commissioner Calle: Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Pngc 2 of2
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: September 3, 2024
Submitted by: Suramy Cabrera
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING A PROPOSAL AND AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE
PREPARATION OF A COMPREHENSIVE VULNERABILITY ASSESSMENT AND ADAPTATION PLAN NOT TO
EXCEED $150,000; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5
(CITY MANAGER-PLANNING DEPT.)
Suggested Action:
Attachments:
CM_Memo_KimleyHorn_Vulnerability_Assessment__1_.docx
49I2642-Resolution_Approving_Kimely_Horn_-_Vulnerability_Assessment_CAv1.DOCX
Exhibit A - SouthMiami_VulnerabilityAssesment_Proposal.pdf
Exhibit B-PSA Agreement with Kimley Horn - Comprehensive Vulnerability Assessment & Adaptation Plan.DOCX
24PLN20 - CITY OF SOUTH MIAMI VULNERABILITY ASSESSMENT [...] - EXECUTED.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor,Vice Mayor,and Members of the City Commission
FROM:Genaro “Chip” Iglesias, City Manager
DATE:September 3, 2024
SUBJECT:Approval of Agreement with Kimley-Horn and Associates, Inc. for a
Comprehensive City-Wide Flood Vulnerability and Sea Level Rise Assessment
($150,000)
RECOMMENDATION:Approval of the attached resolution authorizing the City Manager to enter
into an agreement with Kimley-Horn and Associates, Inc. for the
preparation of a comprehensive city-wide flood vulnerability and sea level
rise assessment in an amount not to exceed $150,000.
BACKGROUND:The City of South Miami is committed to enhancing the community's
resilience to flooding and the impacts of sea level rise. In accordance with
Section 380.093 of the Florida Statutes, the City intends to undertake a
comprehensive flood vulnerability and sea level rise assessment to identify
risks and develop strategies for mitigation and adaptation.
To fund this project, the City bas been awarded a planning grant through
the Florida Resilient Coastlines Program. To proceed with the assessment,
the City sought proposals from qualified firms with expertise in this field.
Kimley-Horn and Associates, Inc., a highly reputable firm, has submitted a
proposal that includes project management, public outreach, exposure
analysis, and the preparation of a final vulnerability assessment report.
Kimley-Horn and Associates, Inc. has demonstrated the requisite expertise
and qualifications to perform the services required for this project. The firm
has extensive experience in flood vulnerability assessments and sea level
rise planning, making them well-suited to assist the City in achieving its
goals.
The agreement with Kimley-Horn and Associates, Inc. is for a total fee not
to exceed $150,000. Section 5.H. of Article III of the City’s Charter allows
the City Commission to approve expert services without the need for
competitive bidding. The services provided by Kimley-Horn and Associates,
Inc. qualify as expert services under the City Charter.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITYMANAGER
INTER-OFFICE MEMORANDUM
FUNDING:Not to exceed $150,000.00 charged to the FDEP Vulnerability Assessment
Grant, account number 106-3904-524-3450, with a current balance of
$150,000, or other funding source as determined by the City Manager to be
in the best interest of the City.
ATTACHMENTS:Resolution
Proposal
3
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
KIMLEY HORN AND ASSOCIATES, INC.
COMPREHENSIVE VULNERABILITY ASSESSMENT AND ADAPTATION PLAN
THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement,,) is made
effective as of the 26 day ot8°Ptember 2024 (the "Effective Date,,), by and between the
CITY OF SOUTH MIAMI, a Florida municipal corporation, (hereinafter the "City"), and
KIMLEY HORN AND ASSOCIATES, INC., a North Carolina Foreign profit corporation,
registered and authorized to do business in the State of Florida (he1·einafter, the "Consultant").
WHEREAS, the City seeks to enhance the community's resilience by conducting a
comprehensive flood vulnerability and sea level rise assessment, as well as the development of an
adaptation plan ("the "Project"), in accordance with Section 380.093, Florida Statutes; and
WHEREAS, the City has been awarded a grant by the State of Florida Department of
Environmental Protection (State FDEP) to fund the Project through the Florida Resilient
Coastlines Program in the amount of $150,000 (the "Grant"), which Grant and all applicable
attachments and exhibits thereto are incorporated herein and attached hereto as Exhibit "B"; and
WHEREAS, Consultant has submitted a proposal attached hereto as Exhibit "A" (the
"Proposal'') to provide the necessary services to complete the Project in accordance with the terms
and requirements of the Grant, including project management, public outreach, data acquisition,
exposure analysis, and the preparation of a final vulnerability assessment report and adaptation
plan (the "Services"); and
WHEREAS, the Consultant will perform Services on behalf of the City, all as fm-ther set
f011h in the Proposal attached hereto as Exhibit "A" in an amount not to exceed $150,000; and
WHEREAS, the City desires to engage the Consultant to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1. Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit
"A" and incorporated herein by reference (the "Services"), and in accordance with the
terms and requirements of the Grant attached hereto as Exhibit "B."
1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the City, and in accordance with the terms and requirements of the
Grant attached attach ed hereto as Exhibit "B."
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through June 30, 2026,
unless earlier terminated in accordance with Paragraph 8. Additionaliy, the City Manager
may extend and/or renew this Agreement for an additional time period not to exceed one
( 1) year on the same terms as set fo11h herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the Proposal
attached hereto as Exhibit "A" in an amount not to exceed $150,000.
3.2. Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager. Notwithstanding the foregoing, the Parties agree that all
invoicing and payments shall be in compliance with all requirements of the Grant attached
hereto as Exhibit "B."
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City
Manager's sole and absolute discretion.
5. City's Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City, and
provide criteria requested by Consultant to assist Consultant in performing the Services.
5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities; Representations and Warranties.'
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances and in accordance with the performance measures and technical
qualifications set forth in the Grant attached hereto as Exhibit "B." If at any time during
the term of this Agreement or within two (2) years from the completion of this Agreement,
it is determined that the Consultant's Deliverables or Services are incorrect, not properly
rendered, defective, or fail to conform to industry standards and practices and/or the
requirements of the Grant attached hereto as Exhibit ".B" , the Consultant shall at
Consultant's sole expense, immediately correct its Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to pe1form the
Services for City as an independent contractor of the City. Consultant further warrants and
represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional manner in
accordance with the professional standard of care and in accordance with the requirements
of the Grant attached hereto as Exhibit 11 B".
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consu1tant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
( developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City that would result in a violation of the City of South Miami
Code or the Miani-Dade County Code of Ethics.
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Consultant, or immediately with cause, and in the event of
termination of the Grant by the State FDEP.
8.2. Upon receipt of the City's written notice of termination, Consultant shalJ immediately stop
work on the Project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Consultant shall be paid for all work accepted
by the City Manager up to the date of termination, provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pe11aining to the Services and the Project to the City, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the
date of expiration of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this Agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better
by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the City, its officials, employees, agents, and
volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's
insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and as required by the Grant attached hereto as Exhibit "B", and may be
increased by the City as it deems necessary or prudent.
9 .1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9 .1.2. Workers Compensation and Employer's Liability insm·ance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker's
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restl'ictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured ( except with respect to Professional Liability
Insurance and Worker's Compensation Insurance), no later than ten (10) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services. Each certificate shall include no less than (30) thirty-day advance
written notice to City prior to cancellation, termination, or material alteration of said
policies or insurance. The Consultant shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect fo1· the duration of this
Agreement, including any extensions or renewals that may be granted by the City. The
Ce1tificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and shall state that such insurance is as required
by this Agreement. The City reserves the right to inspect and return a certified copy of
such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates oflnsurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thh1y (30) calendar days' written notice shall
be provided to the City before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Consultant in performance of this Agreement. The Consultant's insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contl'ibute to the
Consultant's insurance. The Consultant's insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance
shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any ofits employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, to the extent caused by the Consultant's negligent
performance or non-performance of any provision of this Ag1·eement, including, but not
limited to, liabilities arising from contracts between the Consultant and third parties made
pursuant to this Agreement. Consultant shall reimburse the City for all its expenses
including reasonable attorneys' fees and costs incm1·ed in and about the defense of any
such claim or investigation and for any judgment or damages to the extent caused by the
Consultant's negligent performance or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
patty, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Consultant during the term of this
Agreement ("Work Product") belong to the City. Consultant shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall 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 Agreement, and following
completion of the Agreement until the records are transferred to the City.
16.3. Upon request from the City>s custodian of public records, Consultant shall provide
the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that·does not exceed the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited to
rep01ts, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the prope1ty of the City.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a format that is compatible with the City's information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Consultant shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
NPayne@southmiamifl.gov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications, expertise and experience of the Consultant, and such firm's familiarity with the
City's area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a pa1tnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable federal, state and
local laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying
out Services under this Agreement, including, but not limited to nondiscrimination, wages,
social security, workers' compensation, licenses and registration requirements. Consultant
shall obtain any and all required permits, professional or otherwise, from all jurisdictional
agencies to petform the Services under this Agreement at its own expense. As a subcontractor
under the Grant, Consultant shall comply with all terms and requirements of the Grant attached
hereto as Exhibit "B."
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, othe1· than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any othet· consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287 .133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counte1·parts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not enter into
a contract unless each party to the contract registers with and uses the E-Verify system. The
contracting entity must provide its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity's pa1ticipation/enrollment in E-Verify, please visit:
hUps://www.e-verify.gov/fag/how-do-i-provide-proof-of-my-parLicipationenrollment-in-e-
verify. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
28. Noncoercive Conduct Affidavit. Pursuant to Section 787.06, Florida Statutes, a
nongovernmental entity executing, renewing, or extending a contract with a governmental
entity is required to provide an affidavit, signed by an officer or a representative of the
nongovernmental entity under penalty of pe1jury, attesting that the nongovernmental entity
does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes.
By entering into this Agreement, the Consultant acknowledges that it has read Section 787 .06,
Florida Statutes, and will comply with the requirements therein, and has executed the required
affidavit attached hereto and incorporated herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify and Non-Coercive Affidavits follow]
IN WITNESS WHEREOF, 1he parties hereto have caused th is Agreement to be executed the day and year as first
stated above.
HMIAMI
By: --------------a---
Ge naro "Ch! " Iglesias
City Manager
Attest:
By: --1Ht->.---<--\-A----------
Nke11ga" i
City Cl erk
Approved as to fonn an d kgal sLtfficiency:
By: J 1 )4Vw
Weiss-seyota Hellman 9J1e & Biennan, P.L.
City Attorney
Addresses for N otice:
Genaro "Chip" lglesias
City of South Mfami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-25] 0 (telephone)
305-663 -63 45 (facsimile)
c hip@soutbmiamifl.gov (email)
With a c op y to:
Weiss Serota Helfinan Cole & Bierman, :P.L.
Attn: Lillian Arango, Esq.
City ofSouU1 M iami Attorney
2800 Ponce de Leon Bou levard, Suite 1200
Coral Gab les, FL 33 134
Jarango@wsh-law.com ( email)
ICTMLEYH ORN AND ASSOCIATES, INC.
::~~n_: 1-e-, _P_E _______ _
Title: Associate
Ad dresses for Notice :
K imlcy-Hom and Associated, Iuc.
ALtention:
2 Alh ambra Plaza, Suite 500
Coral Gables, Flo ri da 33134
( ,__3_0_5),_6_7_3_-2_0_2_5 ______ ,(telephone)
____________ ,(facsimile)
____________ (,ema il )
With a cop y to :
____________ (te lep hone)
____________ (facsimile)
____________ (emai l)
Page 10 of 14
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Flol'ida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authol'ization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registe1·s with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. Fo1· instructions on
how to provide proof of the contracting entitis participation/enrollment in E-Verify, please visit:
https:/ /www.e-verify.gov/fag/how-do-i-provide-proof-of-my-parti cipationenro 1 lment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
□ Check here to confirm proof of enrollment iu E-Verify has been attached to this Affidavit.
Witness #2 Print Name; Christopher lduate
ACKNOWLEDGMENT
State ofFlo1'ida
County of Miami-Dade
Print Nam . _eo_--1---------
Title:,Vlce President
Entity Name: Klmley-Horn and Associates
The foregoing instrument was aclmow11;:dge4 be~re me by means of □~hysical presence or □
online notarization, this __ day of c)--\¼\1:t o-l(e , 20). , hY. _____ _
_____ (name of person) as ' (type of authority) for
__________ (name of pat~ on behal o nt is executed).
N✓ Public (Print, Stamp, or Type as C
Personally !mown to me; or
___ Produced identification (Type of Identification:, ____________ )
______ Did take an oath; or
______ Did not take an oath
Page 11 of14
AFFIDAVIT ATTESTING TO
NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Effective July 1, 2024, Section 787.06, Florida Statutes, a nongovernmental entity executing,
renewing, or extending a contract with a govemmental entity is required to provide an affidavit,
signed by an officer or a representative of the nongovernmental entity under penalty of perjury,
attesting that the nongovernmental entity does not use coercion for labor or services as defined in
Section 787.06(2)(a), Florida Statutes.
By signing below, I hereby affirm under penalty of perjury that:
1. I have read Section 787 .06, Florida Statutes, and understand that this affidavit is provided in
compliance with the requit-ement that, upon execution, renewal, or extension of a contract
between a nongovernmental entity and a governmental entity, the nongovernmental entity must
attest to the absence of coercion in labor or services.
2. I am an of.fleet or representative of Kimley-Horn and Associates a nongovernmental entity.
3. Klmley-Horn and Associates does not use coercion for labor or services as defined in the relevant
section of the law.
Print Nam . eo . Almonte, PE
Title: Vice President
Witness #2 Print Name: Christopher lduate Entity Name: Kimley-Horn and Associates
State of Florida
County of Miami-Dade
ACKNOWLEDGMENT
T~ forego~g i~~nt was aclmowle~ed ~efore ~ by means of 9 §hysical presence or □
onhne notanzat1on, this __ day of <~)..c ·'f:.>.-{-l :;:J...(o , 20.J ·, by _____ _
_____ (name of person) as------~;=:......-----(type of authority) for
__________ (name of party on heh • strument is executed).
L--0~rsonally known to me; or
____ Produced identification (Type of Identification:
_____ Did take an oath; or
_____ Did not take an oath
Page 12 of14
• Type as
)
Exhibit "A"
Proposal
Page 13 of14
kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305 673 2025
August 3th, 2023
Hank Flores, AICP, CFM
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
RE: City of South Miami Vulnerability Assessment
Dear Mr. Flores:
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) proposes to provide the services
identified below for the project entitled City of South Miami Vulnerability Assessment (“Project”).
Project Understanding
Pursuant to Section 380.093 of the Florida Statues, the City of South Miami (“City” or “Client”) is seeking a
consultant to prepare a comprehensive City-wide flood vulnerability and sea level rise assessment. It is the
Consultant’s understanding that the City is in the process of applying for a planning grant through the Florida
Resilient Coastlines Program. The City has requested Kimley-Horn to submit a work order proposal for
assistance in the preparation submittal documents to the Florida Department of Environmental Protection
(“Department”).
Scope of Services
Kimley-Horn will provide the services specifically set forth below.
TASK 1 – KICKOFF MEETING AND PROJECT MANAGEMENT
Kimley-Horn will develop an overall project management plan and address initial actions prior to conducting
a kickoff meeting. A kickoff meeting will be held with the City to introduce team members, discuss scope of
work, project schedule, and establish lines of communication and flow of information. Kimley-Horn will
prepare a sign-in sheet, draft project schedule, and a project management plan presentation. Kimley-Horn
will assist the City in preparing a draft list of representatives to serve on the project steering committee
based on discussions stemming from the kick-off meeting. It is recommended that the committee be limited
to no more than 10 representatives to better manage meeting outcomes.
Project management activities under this task include s meetings, project communication, quality control
and assurance of submittal documents. This task includes up to six (6) virtual project status meetings to
discuss ongoing work product and project deliverables.
Deliverables:
• Project meeting agendas and minutes.
• Progress status reports in electronic.
• Draft email to potential steering committee members to request their participation in the
committee. The email will include the project purpose, goals, schedule, project meeting
dates and locations, and overall desired outcomes.
TASK 2 – ASSEMBLE STEERING COMMITTEE
Once the steering committee list has been approved by the City, Kimley-Horn will distribute the draft email
prepared in Task 1 to potential steering committee members. The email requests steering committee
member participation and to provide confirmation of acceptance or denial.
Deliverables:
• Steering Committee list of representatives that have confirmed participation. The list will
include name, organization/affiliation, position title, and contact information.
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kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305 673 2025
TASK 3 – PLAN AND CONDUCT STEERING COMMITTEE MEETINGS
Kimley-Horn in collaboration with the City will coordinate and schedule up to three (3) remote steering
committee meetings based on critical milestones during the project timeframe. The three steering
committee meetings will be held prior to the data collection, focus area and adaptation plan submittals.
The purpose of the Steering Committee is to assist in reviewing the goals of the project, review submittal
materials, provide input for study direction, assisting in identifying vulnerable areas, identifying available
data and resources, identify relevant assets, and review project findings and recommendations.
Deliverables:
• Steering Committee meeting agenda and minutes.
• Meeting sign-in sheets with attendee names and affiliation.
• Copy of presentation and materials created for distribution at the meeting.
• A memorandum of committee recommendations and guidance.
TASK 4 – PUBLIC OUTREACH MEETING #1
The City will advertise, schedule, and host up to two (2) public outreach meetings. The purpose of the first
public meeting is to allow the public to provide input during the initial data collection stages, to include
input on data for analyzing potential sea level rise impacts and/or flooding, guiding factors to consider,
and critical assets important to the community. Kimley-Horn will attend the meetings in person and will
assist the City in preparing the presentation by providing information that summarize the project and its
progress. Kimley-Horn will prepare meeting minutes to summar ize the comments provided during both
public outreach meetings.
Deliverables:
• Public outreach meeting agendas and minutes.
• Meeting sign-in sheets with attendee names and affiliation.
• Presentation and materials created in preparation of or for distribution at the meeting, as
applicable.
• A memorandum to include attendee input and meeting outcomes.
TAS K 5 – ACQUIRE BACKGROUND DATA
Kimley-Horn will obtain and review available information from the City and other sources that will aid in
preparation of the vulnerability assessment. Kimley-Horn will review the information obtained from the City
for accuracy and use in the vulnerability assessment. Kimley-Horn will gather additional information to
perform the vulnerability assessment and identify Critical assets as classified in s. 380.093(2) 1-4, F.S.
Critical asset data will be compiled into an FDEP compliant GIS database. Kimley-Horn will conduct a data
gap analysis to identify any additional data needed to perform the assessment and outline actions taken to
rectify potential data gaps.
Kimley-Horn will collect the following data:
• The Miami-Dade County 5-ft Digital Elevation Model (DEM)
• NOAA 2017 SLR Projections (2040 and 2070, Intermediate-Low and Intermediate High)
• Tidal datums from NOAA Tides and Currents
• 100-Year/24-Hour and 500-Year/24-Hour rainfall projections
• Latest FEMA FIRM panels and Flood Insurance Studies
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kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305 673 2025
The City is to provide the following (if available):
• Latest GIS file of the City’s boundary
• City owned and/or maintained GIS Critical Asset Inventory, as defined in s. 380.093, F.S.
• Construction and As-Built Documents to support critical facilities listed in the statute (s.
380.093(2) 1-4, F.S)
• Flood Elevation Certificates
• Previous vulnerability studies, comprehensive plans, or stormwater master plans
Deliverables:
• A technical report to outline the data compiled and findings of the gap analysis.
TASK 6 – EXPOSURE ANALYSIS
Kimley-Horn will perform an exposure analysis to identify the depth of water caused by each sea level
rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) will include the
following data: sea level rise projections, current and future storm surge flooding, and rainfall-induced
flooding. The scenarios and standards used for the exposure analysis shall be pursuant to s.380.093,
F.S. GIS files and associated metadata will adhere to the Resilient Florida Program’s GIS Data
Standards, and raw data sources shall be defined within the associated metadata.
Fifteen (15) scenarios in total will be analyzed for critical asset vulnerability to flooding. Additional
scenarios can be analyzed as an additional service. The following scenarios are to be analyzed:
• Present Day 100-year rainfall
• Present Day 500-year rainfall
• Present Day Storm Surge
• Sea Level Rise 2040 Intermediate-low projection
• Sea Level Rise 2040 Intermediate-high projection
• Sea Level Rise 2070 Intermediate-low projection
• Sea Level Rise 2070 Intermediate-high projection
• Sea Level Rise 2040 Intermediate-low projection w/ 100-year rainfall
• Sea Level Rise 2040 Intermediate-high projection w/ 100-year rainfall
• Sea Level Rise 2070 Intermediate-low projection w/ 100-year rainfall
• Sea Level Rise 2070 Intermediate-high projection w/ 100-year rainfall
• Sea Level Rise 2040 Intermediate-low projection w/ Storm Surge
• Sea Level Rise 2040 Intermediate-high projection w/ Storm Surge
• Sea Level Rise 2070 Intermediate-low projection w/ Storm Surge
• Sea Level Rise 2070 Intermediate-high projection w/ Storm Surge
Flood inundation maps will be developed for each scenario. The inundation maps will be overlayed with
the critical asset layers developed in Task 5 to identify critical infrastructure that is exposed to flooding.
Deliverables:
• A draft Vulnerability Assessment report that provides details on the modeling process,
type of models utilized, and resulting tables and maps illustrating flood depths for each
flood scenario.
• GIS files with results of the exposure analysis for each flood scenario as well as the
appropriate metadata that identifies the methods used to create the flood layers.
TASK 7 – S ENSITIVITY ANALYSIS
Following the Exposure Analysis task, Kimley-Horn will prepare a sensitivity assessment of the critical
assets within the City relative to the impacts of flooding and sea level rise identified in Task 6. A paired
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kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305 673 2025
asset-threat matrix will be prepared based on the inundation modeling scenarios. Kimley-Horn will include
an evaluation of the impact of flood severity on each critical asset and at each flood scenario.
Deliverables:
• A draft Vulnerability Assessment report that provides details on the findings of the
exposure analysis, the sensitivity analysis, and includes visual presentation of the data via
maps and tables.
• An initial list of critical and regionally significant assets that are impacted by flooding. The
list of critical and regionally significant assets will be ranked by Kimley-Horn and
prioritized by the City.
TASK 8 – PUBLIC OUTREACH MEETING #2
The City will conduct a second public meeting in collaboration with Kimley-Horn to present the results
from the exposure analysis, sensitivity analysis, and draft Vulnerability Assessment. The purpose of the
second public meeting is to allow the public to provide community -specific input on the results of the
analyses. Additionally, during this meeting, the City will conduct exercises to encourage the public to
provide feedback on ranking focus areas of flooding, and the critical assets in preparation for the
development of adaptation strategies and project development.
Deliverables:
• Public outreach meeting agendas and minutes.
• Meeting sign-in sheets with attendee names and affiliation.
• Presentation and materials created in preparation of or for distribution at the meeting .
• A summary memorandum to include attendee input and meeting outcomes.
TASK 9 - IDENTIFY FOCUS AREA S
Kimley-Horn in participation with the City will identify focus areas following the guidelines in Chapter 2 of
the Florida Adaptation Planning Guidebook. Based on the exposure and sensitivity analysis, the City may
assign focus areas to locations or assets that are vulnerable and require the development of adaptation
strategies. Kimley-Horn will assign a risk level based on percentages of land area inundated and number
of critical assets affected. A ranking of areas, as reasonably defined by topography or exposure limits, will
be established based on flooding depths and potential disruption of services
Deliverables:
• Report summarizing the areas identified as focus areas .
• Tables listing each focus area and those critical assets impacted within each focus area.
• Maps showing the location of each focus area compared to the location of all critical
assets within the geographic extents of the study.
• GIS files and associated metadata of the identified focus areas.
TASK 10 – FINAL VULNERABILITY ASSES S MEN T REPORT, MAPS AND
TABLES
Kimley-Horn will prepare a final Vulnerability Assessment (VA) report pursuant to the requirements in s.
380.093, F.S. The final VA report will include the results from the data collection, exposure and sensitivity
analyses, as well as a summary of the identified risks and assigned focus areas. The final deliverable will
contain a list of critical and regionally significant assets that are impacted by flooding and sea-level rise,
specifying for each asset the flooding scenario(s) showing flooding impacts. GIS files and associated
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kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305 673 2025
meta data will adhere to the Resilient Florida Program’s GIS data standards, and raw data sources shall
be defined within the associated metadata.
Deliverables:
• Final Vulnerability Assessment Report that provides details on the results and
conclusions, including illustrations via maps and tables, based on the stat utory-required
scenarios and standards in s. 380.093, F.S.
• A final list of critical and regionally significant assets that are impacted by flooding. The
list of critical and regionally significant assets will be ranked and identify which flood
scenario(s) impacts each asset.
• All electronic mapping data used to illustrate flooding and sea level rise impacts identified
in the VA, to include the geospatial data in an electronic file format and GIS metadata.
• A signed Vulnerability Assessment Compliance Checklist Certification.
TASK 1 1 – PUBLIC PRESENTATION
Kimley-Horn in participation with the CLIENT will present the final VA results to the City commission. The
purpose of the presentation is to share the findings from the final VA and provide recommendations of
actions for adaptation strategies and future project planning. The presentation will also inform the public
of the results and the future risk of sea level rise and increased flooding and encourage community
participation when identifying mitigation strategies to address the flooding vulnerabilities. The City will
prepare all social media notifications, meeting invitations. Kimley-Horn will provide meeting materials,
presentation, and graphics utilized during the meeting, as applicable.
Deliverables:
• Public presentation meeting agenda and minutes.
• Meeting sign-in sheets with attendee names and affiliation.
• Presentation and materials created in preparation of or for distribution at the meeting.
• A memorandum to include attendee input and meeting outcomes
TASK 1 2 – ADAPTATION PLAN
The Adaptation Plan (AP) is intended to develop a path forward to increase the resiliency of the City’s
critical assets. Kimley-Horn with assistance from the City will develop an AP consistent with the Florida
Adaptation Guidebook and includes the following: assessment of adaptive capacities, ranking of
adaptation needs, and identification of adaptation strategies. Kimley-Horn will categorize the identified
adaptation strategies and evaluate them for efficacy in implementation within the focus areas identified in
Task 9. The AP will be presented in a case-study format with supporting maps and table, which will be
included in the final vulnerability assessment report. The AP will also include a list of prioritized projects
by the City, for each asset class as defined in subsection 380.093(2), F.S., for consideration and
implementation.
Deliverables:
• Vulnerability Assessment Report to include adaptation action plan.
• Maps and tabulation of hot-spot flooding areas and associated adaptation strategies.
Subconsultants
The use of subconsultants is not anticipated in the completion of this Scope of Work.
Reimbursable Expenses
No reimbursable expenses are anticipated in the execution of the Scope of Services.
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kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305 673 2025
Schedule of Work
Kimley-Horn anticipates the work will proceed as depicted in the schedule below:
Deliverable Anticipated Delivery
Task 1 – Kickoff Meeting and Project Management NTP + 2 weeks
Task 2 – Assemble Steering Committee NTP + 2 weeks
Task 3 – Plan and Conduct Steering Committee Meetings NTP + 12 months
Task 4 – Public Outreach Meeting #1 NTP + 2 months
Task 5 – Acquire Background Data NTP + 2 months
Task 6 – Exposure Analysis NTP + 4 months
Task 7 – Sensitivity Analysis NTP + 6 months
Task 8 – Public Outreach Meeting #2 NTP + 7 months
Task 9 – Identify Focus Areas NTP + 8 months
Task 10 – Final Vulnerability Assessment Report, Maps,
Tables NTP + 10 months
Task 11 – Public Presentation NTP + 10 months
Task 12 – Adaptation Plan NTP + 13 months
TOTAL 13 months
Assumptions
• Analyses will be performed in NAVD 88.
• GIS files and associated metadata will adhere to the Resilient Florida Program’s GIS data
standards and raw data sources will be defined within the associated metadata.
• The CITY is responsible for making key staff available during the delivery of this project.
• Deliverables will be issued as a draft for review by the CITY. We have estimated an approximate
14-day time frame for the comments. After receiving comments from the CITY, the
CONSULTANT will reconcile the comments/edits into a final version. The CON SULTANT will
address one round of CITY comments.
• The CONSULTANT will respond to two rounds of reasonable, consolidated comments per
deliverable to FDEP. Additional rounds of comments can be provided as an additional service.
• The generation of flood inundation extents will be based on the source DEM, no topographic
analysis for voids will be conducted. ERPs or projects that have come online since the publication
of the DEM will not be considered.
• The generation of flood inundation extents will be level-pools. No sloped surfaces, transition
zones or smoothing of floodplains will be performed.
• The CITY will be responsible for advertising the Public Meeting and coordinate all logistics
associated with the meeting. Any collateral materials beyond the meeting presentation will be the
responsibility of the CITY.
• The CITY will prepare all social media notifications, meeting invitations, meeting materials,
presentations, and graphics utilized during the meeting, as applicable.
• The CITY will be responsible for all communication, coordination, packaging and submittal of
deliverables to the Florida Department of Environmental Protection.
• The schema will be compliant with 380.093(3)(c) F.S.
• The CITY will provide any information requested by Kimley-Horn in a timely manner.
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kimley-horn.com 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 305 673 2025
It is anticipated that the Scope of Services will be completed in accordance with the above schedule after
Notice to Proceed (“NTP”) is received unless there are delays outside of Kimley-Horn’s control, such as
delays associated with Client and/or regulatory reviews, Client requested changes, etc. This Agreement is
made in anticipation of conditions permitting continuous and orderly progress through completion of the
services and that Client review times will not exceed fourteen (14) calendar days. Times for performance
may be extended as necessary for delays or suspensions due to circumstances that the Consultant does
not control. Notwithstanding any other provision of this Agreement, the Consultant shall not have liability
for or be deemed in breach because of delays caused by any factor outside of its reasonable control,
including but not limited to natural disasters, adverse weather, or acts of the Client, third parties, o r
governmental agencies.
Compensation
The maximum fee, without prior authorization, for the Scope of Services shall be as shown below.
Task Task Description Requirement Fee
Type
Fee
1 Kickoff Meeting and Project Management Recommended LS $10,000
2 Assemble Steering Committee Recommended LS $2,500
3 Plan and Conduct Steering Committee Meetings Recommended LS $9,000
4 Public Outreach Meeting #1 Recommended LS $6,500
5 Acquire Background Data Required LS $12,000
6 Exposure Analysis Required LS $20,000
7 Sensitivity Analysis Required LS $30,000
8 Public Outreach Meeting #2 Recommended LS $6,500
9 Identify Focus Areas Recommended LS $8,000
10 Final Vulnerability Assessment Report, Maps
and Tables Required LS $10,000
11 Public Presentation Recommended LS $6,500
12 Adaptation Plan Optional LS $29,000
TOTAL: $150,000
Additional Services
Any services not specifically listed in the above Scope of Work are not included in the contracted fees.
Should the Client desire additional services, Kimley-Horn will prepare a fee, scope and schedule for the
work at the time the services are requested.
Closure
We appreciate this opportunity to submit this proposal. Please contact Alejandro Toural at (305) 535 7706
if you have any questions.
Very truly yours,
By: Barton Fye, P.E. Alejandro Toural, P.E.
Vice President Project Manager
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
KIMLEY HORN AND ASSOCIATES, INC.
COMPREHENSIVE VULNERABILITY ASSESSMENT AND ADAPTATION PLAN
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is made
effective as of the day of __ 2024 (the “Effective Date”), by and between the
CITY OF SOUTH MIAMI, a Florida municipal corporation, (hereinafter the “City”), and
KIMLEY HORN AND ASSOCIATES, INC., a North Carolina Foreign profit corporation,
registered and authorized to do business in the State of Florida (hereinafter, the “Consultant”).
WHEREAS, the City seeks to enhance the community's resilience by conducting a
comprehensive flood vulnerability and sea level rise assessment, as well as the development of an
adaptation plan ("the “Project"), in accordance with Section 380.093, Florida Statutes; and
WHEREAS,the City has been awarded a grant by the State of Florida Department of
Environmental Protection (State FDEP) to fund the Project through the Florida Resilient
Coastlines Program in the amount of $150,000 (the “Grant”), which Grant and all applicable
attachments and exhibits thereto are incorporated herein and attached hereto as Exhibit “B”; and
WHEREAS, Consultant has submitted a proposal attached hereto as Exhibit “A” (the
“Proposal”) to provide the necessary services to complete the Project in accordance with the terms
and requirements of the Grant, including project management, public outreach, data acquisition,
exposure analysis, and the preparation of a final vulnerability assessment report and adaptation
plan (the “Services”); and
WHEREAS, the Consultant will perform Services on behalf of the City, all as further set
forth in the Proposal attached hereto as Exhibit “A” in an amount not to exceed $150,000; and
WHEREAS, the Citydesires to engage the Consultant to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1.Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit
“A” and incorporated herein by reference (the “Services”), and in accordance with the
terms and requirements of the Grant attached hereto as Exhibit “B.”
1.2.Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
“Deliverables”) to the City, and in accordance with the terms and requirements of the
Grant attached attach ed hereto as Exhibit “B.”
13
2. Term/Commencement Date.
2.1.The term of this Agreement shall be from the Effective Date through June 30, 2026,
unless earlier terminated in accordance with Paragraph 8. Additionally, the City Manager
may extend and/or renew this Agreement for an additional time period not to exceed one
(1) year on the same terms as set forth herein upon written notice to the Consultant.
2.2.Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1.Compensation for Services provided by Consultant shall be in accordance with the Proposal
attached hereto as Exhibit “A” in an amount not to exceed $150,000.
3.2.Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager. Notwithstanding the foregoing, the Parties agree that all
invoicing and payments shall be in compliance with all requirements of the Grant attached
hereto as Exhibit “B.”
4. Subconsultants.
4.1.The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2.Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City
Manager’s sole and absolute discretion.
5. City’s Responsibilities.
5.1.City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City, and
provide criteria requested by Consultant to assist Consultant in performing the Services.
5.2.Upon Consultant’s request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1.The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances and in accordance with the performance measures and technical
qualifications set forth in the Grant attached hereto as Exhibit “B.” If at any time during
14
the term of this Agreement or within two (2) years from the completion of this Agreement,
it is determined that the Consultant’s Deliverables or Services are incorrect, not properly
rendered, defective, or fail to conform to Cityrequests, the Consultant shall at Consultant’s
sole expense, immediately correct its Deliverables or Services.
6.2.The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for City as an independent contractor of the City. Consultant further warrants and
represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3.The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1.To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1.The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Consultant, or immediately with cause, and in the event of
termination of the Grant by the State FDEP.
8.2.Upon receipt of the City's written notice of termination, Consultant shall immediately stop
work on the Project unless directed otherwise by the City Manager.
8.3.In the event of termination by the City, the Consultant shall be paid for all work accepted
by the City Manager up to the date of termination, provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4.The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the Project to the City, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the
date of expiration of this Agreement.
9. Insurance.
9.1.Consultant shall secure and maintain throughout the duration of this Agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
15
City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better
by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the City, its officials, employees, agents, and
volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s
insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and as required by the Grant attached hereto as Exhibit “B”, and may be
increased by the City as it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker’s
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured (except with respect to Professional Liability
Insurance and Worker’s Compensation Insurance), no later than ten (10) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services. Each certificate shall include no less than (30) thirty-day advance
written notice to City prior to cancellation, termination, or material alteration of said
policies or insurance. The Consultant shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of this
Agreement, including any extensions or renewals that may be granted by the City. The
Certificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and shall state that such insurance is as required
by this Agreement. The City reserves the right to inspect and return a certified copy of
such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30)
16
calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days’ written notice shall
be provided to the City before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insuranceand Worker’s
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Consultant in performance of this Agreement. The Consultant’s insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to the
Consultant’s insurance. The Consultant’s insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance
shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
9.4. Deductibles.All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.5.The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination.During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1.In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2.IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1.Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant’s performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the City for all its expenses including reasonable
attorneys’ fees and costs incurred in and about the defense of any such claim or
17
investigation and for any judgment or damages arising from Consultant’s performance or
non-performance of this Agreement.
12.2.Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3.The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives.Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1.This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2.No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1.Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Consultant during the term of this
Agreement (“Work Product”) belong to the City. Consultant shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2.Consultant agrees to keep and maintain public records in Consultant’s possession
or control in connection with Consultant’s performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
18
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall 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 Agreement, and following
completion of the Agreement until the records are transferred to the City.
16.3.Upon request from the City’s custodian of public records, Consultant shall provide
the Citywith a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law.
16.4.Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
16.5.Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a format that is compatible with the City’s information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Consultant shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6.Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7.Consultant’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8.Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address:6130 Sunset Drive
South Miami, FL 33143
Telephone number:305-663-6340
Email:NPayne@southmiamifl.gov
19
17. Nonassignability.This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm’s familiarity with the City’s area,
circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor.The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws.The Consultant shall comply with all applicable federal, state and
local laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying
out Services under this Agreement, including, but not limited to nondiscrimination, wages,
social security, workers’ compensation, licenses and registration requirements. Consultant
shall obtain all required permits from all jurisdictional agencies to perform the Services under
this Agreement at its own expense. As a subcontractor under the Grant, Consultant shall
comply with all terms and requirements of the Grant attached hereto as Exhibit “B.”
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions.Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees.The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit.Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts.This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
20
26. Conflicts.In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit.In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not enter into
a contract unless each party to the contract registers with and uses the E-Verify system. The
contracting entity must provide its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
verify. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
28. Noncoercive Conduct Affidavit.Pursuant to Section 787.06, Florida Statutes, a
nongovernmental entity executing, renewing, or extending a contract with a governmental
entity is required to provide an affidavit, signed by an officer or a representative of the
nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity
does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes.
By entering into this Agreement, the Consultant acknowledges that it has read Section 787.06,
Florida Statutes, and will comply with the requirements therein, and has executed the required
affidavit attached hereto and incorporated herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify and Non-Coercive Affidavits follow]
21
Page 10 of 14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
KIMLEY HORN AND ASSOCIATES, INC.
By:
Name:
Title:
Addresses for Notice:
Kimley-Horn and Associated, Inc.
Attention:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
22
Page 11 of 14
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
23
Page 12 of 14
AFFIDAVIT ATTESTING TO
NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Effective July 1, 2024, Section 787.06, Florida Statutes, a nongovernmental entity executing,
renewing, or extending a contract with a governmental entity is required to provide an affidavit,
signed by an officer or a representative of the nongovernmental entity under penalty of perjury,
attesting that the nongovernmental entity does not use coercion for labor or services as defined in
Section 787.06(2)(a), Florida Statutes.
By signing below, I hereby affirm under penalty of perjury that:
1. I have read Section 787.06, Florida Statutes, and understand that this affidavit is provided in
compliance with the requirement that, upon execution, renewal, or extension of a contract
between a nongovernmental entity and a governmental entity, the nongovernmental entity must
attest to the absence of coercion in labor or services.
2. I am an officer or representative of , a nongovernmental entity.
3.does not use coercion for labor or services as defined in the relevant
section of the law.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
24
Page 13 of 14
Exhibit “A”
Proposal
25
Page 14 of 14
Exhibit “B”
State FDEP Grant Agreement and all Attachments and Exhibits
26
City of South Miami Comprehensive Vulnerability Assessment and Adaptation Plan 24PLN20
City of South Miami Local Government
6130 Sunset Drive
South Miami, FL 33143
59-6000431
Miami-Dade County, Florida
The City of South Miami (Grantee) will complete the City of South Miami Comprehensive Vulnerability Assessment and Adaptation Plan Project (Project) to include a comprehensive
Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.), as well as develop an Adaptation Plan. The Project will include public outreach and stakeholder engagement.
$150,000.00
FY 23-24 GAA Line Item #1820 150,000.00
George Begley
Resilient Florida Program
3900 Commonwealth Boulevard, MS230
Tallahassee,Florida 32399
850-245-8020
George.Begley@FloridaDEP.gov
Suramy Cabrera
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
305-663-6338
scabrera@southmiamifl.gov
24PLN20
150,000.00
07/01/2023 06/30/2026
27
0 Additional Exhibits (if necessary): Exhibit F: Final Project Report, Exhibit G: Photographer Release Form, Exhibit H: Contractual Services
Certification, Exhibit I: Vulnerab,Iity Assessment Compliance Checklist Certification
8.I The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (I):
Federal Award Identification Number(s) (FAIN):
Uniaue Entity Identifier (UEI):
Federal Award Date to Department:
Federal Award Project Description:
Total Federal Funds Obligated bv this Agreement:
Federal Awarding Agency :
Award R&D? □Yes □NIA
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless
another date is specified in the grant documen ts.
1am1 GRANTEE
By
Date Signed Genaro "Chip" Iglesias, City Manager Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By _, -------------' -------Secretar y or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing
0 Additional signatures attached on separate page.
DEP Agreement No. 24PLN20 Re,. 1/31/24
8/2/2024
28
29
ORCP Additional Signatures
DEP Grant i:z:rlJ~
Grantee may add additional signa ture below , if needed .
Attachment 1
1 of 13
Rev. 9/15/2023
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee’s forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties’ Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties’ records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee’s match requirements;
(3) a change in the expiration date of the Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
30
Attachment 1
2 of 13
Rev. 9/15/2023
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department’s remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department’s Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee’s lack of satisfactory
performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will
be at Grantee’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department’s Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department’s termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department’s notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
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require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department’s Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf.
e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a
"rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee
may request from the Department that all invoice payments (i.e., cost reimbursement) under this Agreement be
directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's
request if:
i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or
"rural area of opportunity" under subsection 288.0656(2), F.S.;
ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress"
factors defined in subsection 288.0656(2)(c), F.S.;
iii. Grantee's performance has been verified by the Department, which has determined that Grantee is
eligible for cost reimbursement and that Grantee's performance has been completed in accordance
with this Agreement's terms and conditions; and
iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments.
This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule,
or regulation. A current list of Florida's designated RAOs can be accessed at the following web address:
https://floridajobs.org/community-planning-and-development/rural-community-programs/rural-areas-of-
opportunity.
f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit
organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that
indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
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The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State’s the contract tracking system and maintained pursuant to section 215.985, F.S., and must be
posted on the Contractor’s website, if Contractor maintains a website.
h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
j. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
https://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates.
l. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and
Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a
copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department’s Grant Manager of the fixed price
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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
$5,000 or more. Match or reimbursement for Grantee’s direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee’s contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney’s fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department’s Grant Manager describing the work performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30,
September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
(30) days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department’s notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
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a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
e. Insurance Trust. If the Grantee’s insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State’s best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days’ written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department’s discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of 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.
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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
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
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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.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department’s right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department’s right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
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not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States-this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
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c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
a. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official Investing in America
emblem and must identify the project as a “project funded by President Biden’s Bipartisan
Infrastructure Law” or “project funded by President Biden’s Inflation Reduction Act” as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
https://www.epa.gov/invest/investing-america-signage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
c. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
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the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In
the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department’s Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee’s
integrity or responsibility. Such information may include, but shall not be limited to, Grantee’s business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dos.myflorida.com/library-archives/records-management/general-records-schedules/).
29. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub-grantees and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department’s Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form
number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website:
https:\\apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30) days of such request.
e. No 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
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original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department’s secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department’s actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee’s employees, subcontractors, or agents access to meetings within the
Department’s facilities, unless the basis of Department’s denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
34. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
35. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third-
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
36. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
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37. Grantee’s Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
38. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance 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.
39. Compensation Report.
If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
40. 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.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. 24PLN20
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is City of South Miami Comprehensive Vulnerability Assessment and
Adaptation Plan. The Project is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon
proper and satisfactory technical and administrative performance by the Grantee and the availability of funding.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
a. Fringe Benefits, N/A.
b. Indirect Costs, N/A.
Contractual (Subcontractors)
Travel, in accordance with Section 112, F.S.
Equipment
Rental/Lease of Equipment
Miscellaneous/Other Expenses
Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
8. Insurance Requirements
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Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee’s duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers’ Compensation and Employer’s Liability Coverage.
The Grantee shall provide workers’ compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant.
d. Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
No retainage is required under this Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department’s
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval.
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be
performed under this Agreement.
12. State-owned Land.
The work will not be performed on State-owned land.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Common Carrier.
a. Applicable to contracts with a common carrier – firm/person/corporation that as a regular business
transports people or commodities from place to place. If applicable, Contractor must also fill out and
return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section
908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
b. Applicable to solicitations for a common carrier – Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
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Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
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DEP Agreement No.: 24PLN20
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
AGREEMENT NO. 24PLN20
ATTACHMENT 3
PROJECT TITLE: City of South Miami Comprehensive Vulnerability Assessment and Adaptation Plan
PROJECT LOCATION: The Project is located in the City of South Miami within Miami-Dade County,
Florida.
PROJECT DESCRIPTION:
The City of South Miami (Grantee) will complete the City of South Miami Comprehensive Vulnerability
Assessment and Adaptation Plan Project (Project) to include a comprehensive Vulnerability Assessment
(VA) pursuant to Section 380.093, Florida Statutes (F.S.), as well as develop an Adaptation Plan. The
Project will include public outreach and stakeholder engagement.
TASKS AND DELIVERABLES:
Task 1: Identify Vulnerability Assessment Data Standards
Description: The Grantee will identify the data standards, to include the sea level rise scenarios and
planning horizons, needed to perform the VA based on the requirements as defined in Section 380.093,
F.S. The data standards must be pursuant to the requirements that are defined in s. 380.093, F.S., as of the
date of beginning data collection efforts.
Deliverables: Prior to conducting the work for the Project, the Grantee will provide the following:
1.1: The proposed data standards (sea level rise scenarios and planning horizons) to be used in the
VA. This is a no cost deliverable.
Task 2: Kick Off Meeting
Description: The Grantee will develop an overall project management plan and address initial actions
and then conduct a kick-off meeting for the project. Meeting attendees will discuss the project scope,
project goals, schedule, key milestones, and deliverables in order to develop a consistent project
approach. The kick-off meeting will be hosted by the Grantee and should identify potential
representatives to serve on the project steering committee. Prior to the meeting, the Grantee will prepare
the sign-in sheet, draft project schedule, and other meeting materials as necessary. The Grantee will
prepare a draft list of representatives to serve on the project steering committee based on discussions with
the Grantee. It is recommended that the committee be limited to no more than 10 representatives to better
manage meeting outcomes.
Deliverables: The Grantee will provide the following:
2.1: Meeting agenda to include location, date, and time of meeting;
2.2: Meeting sign-in sheets or attendance records with attendee names and affiliation;
2.3: A copy of the presentation(s) and any materials created for distribution at the meeting, as
applicable;
2.4: Kick-off meeting minutes, which documents all decisions and agreed upon outcomes of the
meeting;
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2.5: A draft list of steering committee members; and
2.6: A draft email to potential steering committee members to request their participation on the
committee. The email shall include the project purpose, goals, schedule, project meeting dates
and locations, and overall desired outcomes.
Task 3: Assemble Steering Committee
Description: The Grantee will review and approve the steering committee list and then distribute the
draft email prepared in Task 2 to the steering committee members. The email requests steering committee
member participation and to provide confirmation of acceptance or denial.
Deliverables: The Grantee will provide the list of local representatives that have confirmed participation
on the steering committee. The list shall include the name, organization/affiliation, position title, and
contact information.
Task 4: Conduct Steering Committee Meetings
Description: The Grantee will coordinate and schedule the quantity, dates, times, and locations for the
steering committee meetings, based on critical decision points in the project process. The purpose of the
steering committee meetings is to assist in reviewing the goals of the project, review draft materials,
provide input for study direction, assist in identifying geographic context, appropriate modeling
methodologies, assist in identifying available data and resources, identify relevant assets, and review
project findings and recommendations. A minimum of two steering committee meetings is recommended,
at the beginning and end of the project, however, more may be necessary to provide guidance at critical
decision points throughout the project process.
Deliverables: The Grantee will provide the following:
4.1: Meeting agendas to include location, date, and time of meeting;
4.2: Meeting sign-in sheets with attendee names and affiliation;
4.3: A copy of the presentation(s) and any materials created for distribution at the meeting, as
applicable; and
4.4: A summary report of committee recommendations and guidance, to include attendee input,
meeting outcomes, methodologies selected, appropriate resources and data, relevant assets and
review of study deliverables for accuracy and applicability.
Task 5: Public Outreach Meeting #1
Description: The Grantee will conduct at least two public outreach meetings during the project. The
purpose of the first meeting is to allow the public to provide input during the initial data collection stages,
to include input on preferred methodologies, data for analyzing potential sea level rise impacts and/or
flooding, guiding factors to consider, and critical assets important to the community. The Grantee will
prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics
utilized during the meeting, as applicable.
Deliverables: The Grantee will provide the following:
5.1: Meeting agendas to include location, date, and time of meeting;
5.2: Meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder, resident,
steering committee member, local government staff);
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5.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at
the meeting (i.e. social media posts, public announcements, graphics), as applicable;
5.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable;
and
5.5: A summary report including attendee input and meeting outcomes.
Task 6: Acquire Background Data
Description: The Grantee will research and compile the data needed to perform the VA based on the
requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a
VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario-
related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in
paragraphs 380.093(2)(a)1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida
Program’s GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated
metadata. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric
Administration (NOAA) intermediate-high and intermediate-low projections (or the projection(s) required
by Section 380.093, F.S.) for 2040 and 2070 (or the planning horizons selected in consultation with the
Department in the “Identify Vulnerability Assessment Data Standards” task) at a minimum. Other
projections can be used at the Grantees discretion so long as additional scenarios do not require additional
funds. Storm surge data used must be equal to or exceed the 100-year return period (1% annual chance)
flood event. In the process of researching background data, the Grantee shall identify data gaps, where
missing data or low-quality information may limit the VA’s extent or reduce the accuracy of the results.
The Grantee shall rectify any gaps of necessary data.
Deliverables: The Grantee will provide the following:
6.1: A technical report to outline the data compiled and findings of the gap analysis;
6.2: A summary report to include recommendations to address the identified data gaps and
actions taken to rectify them, if applicable; and
6.3: GIS files with appropriate metadata of the data compiled, to include locations of critical
assets owned or maintained by the Grantee as well as regionally significant assets that are
classified and as defined in paragraphs 380.093(2)(a)1-4, F.S.
Task 7: Exposure Analysis
Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each
sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to
evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding,
rainfall-induced flooding, and compound flooding, all as applicable, as well as the scenarios and
standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated
metadata must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data
sources shall be defined within the associated metadata.
Deliverables: The Grantee will provide the following:
7.1: A draft VA report that provides details on the modeling process, type of models utilized, and
resulting tables and maps illustrating flood depths for each flood scenario; and
7.2: GIS files with results of the exposure analysis for each flood scenario as well as the
appropriate metadata that identifies the methods used to create the flood layers.
Task 8: Sensitivity Analysis
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Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on
assets and to apply the data from the exposure analysis to the inventory of critical assets created in the
Acquire Background Data Task. The sensitivity analysis should include an evaluation of the impact of
flood severity on each asset class and at each flood scenario and assign a risk level based on percentages
of land area inundated and number of critical assets affected.
Deliverables: The Grantee will provide the following:
8.1: An updated draft VA report that provides details on the findings of the exposure analysis and
the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on
the statutorily-required scenarios and standards; and
8.2: An initial list of critical and regionally significant assets that are impacted by flooding. The
list of critical and regionally significant assets must be prioritized by area or immediate need and
must identify which flood scenario(s) impacts each asset.
Task 9: Public Outreach Meeting #2
Description: The Grantee will conduct a second public meeting to present the results from the exposure
analysis, sensitivity analysis, and draft VA. The purpose of the second meeting is to allow the public to
provide community-specific input on the results of the analyses and to reconsider methodologies and
assumptions used in the analysis for refinement. Additionally, during this meeting, the Grantee will
conduct exercises to encourage the public to prioritize focus areas of flooding, and the critical assets in
preparation for the development of adaptation strategies and project development. Criteria should be
established to guide the public’s input for the selection of focus areas. The Grantee will prepare all social
media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the
meeting, as applicable.
Deliverables: The Grantee will provide the following:
9.1: Meeting agendas to include location, date, and time of meeting;
9.2: Meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder, resident,
steering committee member, local government staff);
9.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at
the meeting (i.e. social media posts, public announcements, graphics), as applicable;
9.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable;
and
9.5: A summary report including attendee input and meeting outcomes, to include defining focus
areas recommended by the community.
Task 10: Identify Focus Areas
Description: The Grantee will identify focus areas based on the results of the second public outreach
meeting and input from the steering committee, following the guidelines in Chapter 2 of the Florida
Adaptation Planning Guidebook. Based on the exposure and sensitivity analyses, the Grantee may assign
focus areas to locations or assets that are particularly vulnerable and require the development of
adaptation strategies. GIS files and associated metadata must adhere to the Resilient Florida Program’s
GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata.
Deliverables: The Grantee will provide the following:
10.1: A report summarizing the areas identified as focus areas, with justification for choosing
each area;
49
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Rev. 3.6.24
10.2: Tables listing each focus area with any critical assets that are contained inside the focus
area;
10.3: Maps illustrating the location of each focus area compared to the location of all critical
assets within the geographic extent of the study; and
10.4: GIS files and associated metadata illustrating geographic boundaries of the identified focus
areas.
Task 11: Final Vulnerability Assessment Report, Maps, and Tables
Description: The Grantee will finalize the VA report pursuant to the requirements in s. 380.093, F.S., and
based upon the steering committee and public outreach efforts. The final VA must include all results from
the exposure and sensitivity analyses, as well as a summary of identified risks and assigned focus areas. It
should contain a list of critical and regionally significant assets that are impacted by flooding and sea-
level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated
metadata must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data
sources shall be defined within the associated metadata.
Deliverables: The Grantee will provide the following:
11.1: Final VA Report that provides details on the results and conclusions, including illustrations
via maps and tables, based on the statutorily-required scenarios and standards in s. 380.093, F.S.;
11.2: A final list of critical and regionally significant assets that are impacted by flooding. The
list of critical and regionally significant assets must be prioritized by area or immediate need and
must identify which flood scenario(s) impacts each asset;
11.3: All electronic mapping data used to illustrate flooding and sea level rise impacts identified
in the VA, to include the geospatial data in an electronic file format and GIS metadata; and
11.4 A signed Vulnerability Assessment Compliance Checklist Certification.
Task 12: Public Presentation
Description: The Grantee will present the final VA results to local governing boards, technical
committees, or other appropriate officers and elected officials. The purpose of the presentation is to share
the findings from the final VA and provide recommendations of actions for adaptation strategies and
future project funding. The presentation will also inform the public of the results and the future risk of sea
level rise and increased flooding and encourage community participation when identifying mitigation
strategies to address the flooding vulnerabilities. The Grantee will prepare all social media notifications,
meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as
applicable.
Deliverables: The Grantee will provide the following:
12.1: Meeting agendas to include location, date, and time of meeting;
12.2: Meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder, resident,
steering committee member, local government staff);
12.3: A copy of the presentation(s) and any materials created in preparation of or for distribution
at the meeting (i.e. social media posts, public announcements, graphics), as applicable;
12.4: A copy of the file or weblink of the video or audio recording from the meeting, if
applicable; and
12.5: A summary report including attendee input and meeting outcomes.
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Task 13: Adaptation Plan
Description: The Grantee will complete an Adaptation Plan (AP) that is consistent with the Florida
Adaptation Planning Guidebook and includes the following: assessment of adaptive capacities,
prioritization of adaptation needs, and identification of adaptation strategies. The Grantee may also
include optional subtasks such as identifying adaptation action areas, stakeholder engagement, and
integrating the proposed AP into existing APs. The AP will also include a list of prioritized projects for
each asset class as defined in subsection 380.093(2), F.S., for consideration and implementation.
Deliverables: The Grantee will provide the final Adaptation Plan or Report.
PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the
Department’s Grant Manager on or before the Task Due Date listed in the Project Timeline. The
deliverables for each task must be submitted in chronological order, with the exception of the “Conduct
Steering Committee Meetings” and “Peril of Flood Compliance” tasks, if included. Grantees must have
received a Deliverable Acceptance Letter from the Department’s Grant Manager prior to submitting any
subsequent deliverables. The Department’s Grant Manager will review the deliverable(s) to verify that
they meet the specifications in the Grant Work Plan and the task description, to include any work being
performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to
the Grantee within thirty (30) calendar days. Tasks may include multiple deliverables to be completed.
The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A
“partial deliverable” is defined as a deliverable consisting of one (1) or more (but not all) subcomponents
listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department
at one hundred percent (100%) completion. A “full deliverable” is defined as a deliverable comprising all
subcomponents listed in the deliverable list for a single task, all delivered to the Department at one
hundred percent (100%) completion. An “incomplete deliverable” is defined as a deliverable for which
one hundred percent (100%) completion has not been achieved for any of the subcomponents listed in the
deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the
Department’s receipt and approval of all deliverable(s) listed within the task and the Department’s
approval provided by the Deliverable Acceptance Letter.
CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the
Department at one hundred percent (100%) completion and by the specified due date listed in the
Agreement’s most recent Project Timeline, the Department will reduce the relevant Task Funding
Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or
submitted to the Department in a timely manner.
PAYMENT REQUEST SCHEDULE: Following the Grantee’s full or partial completion of a task’s
deliverable(s) and acceptance by the Department’s Grant Manager, the Grantee may submit a payment
request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment
requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report
Form, detailing all progress made in the invoice period; and supporting fiscal documentation including
match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until
all required Exhibit A, Progress Report Forms, have been submitted to the Department’s Grant Manager
for all reporting periods dating back to the Agreement Begin Date. Upon the Department’s receipt of the
aforementioned documents and supporting fiscal documentation, the Department’s Grant Manager will
have ten (10) working days to review and approve or deny the payment request.
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Rev. 3.6.24
PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all
deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable
grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be
submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via
email to the Department’s Grant Manager, with the details of the request and the reason for the request
made clear.
Task
No. Task Title Budget
Category
DEP
Amount
Match
Amount
Total
Amount
Task Start
Date
Task Due
Date
1
Identify Vulnerability
Assessment Data
Standards
No-Cost
Deliverable $0 $0 $0 7/1/2023 8/31/2024
2 Kick Off Meeting Contractual
Services $10,000 $0 $10,000 7/1/2023 11/30/2024
3 Assemble Steering
Committee
Contractual
Services $2,500 $0 $2,500 7/1/2023 11/30/2024
4 Conduct Steering
Committee Meetings
Contractual
Services $9,000 $0 $9,000 7/1/2023 6/30/2025
5 Public Outreach
Meeting #1
Contractual
Services $6,500 $0 $6,500 7/1/2023 11/30/2024
6 Acquire Background
Data
Contractual
Services $12,000 $0 $12,000 7/1/2023 1/31/2025
7 Exposure Analysis Contractual
Services $20,000 $0 $20,000 7/1/2023 6/30/2025
8 Sensitivity Analysis Contractual
Services $30,000 $0 $30,000 7/1/2023 6/30/2025
9 Public Outreach
Meeting #2
Contractual
Services $6,500 $0 $6,500 7/1/2023 6/30/2025
10 Identify Focus Areas Contractual
Services $8,000 $0 $8,000 7/1/2023 6/30/2025
11
Final Vulnerability
Assessment Report,
Maps, and Tables
Contractual
Services $10,000 $0 $10,000
7/1/2023
6/30/2025
12 Public Presentation Contractual
Services $6,500 $0 $6,500 7/1/2023 6/30/2025
13 Adaptation Plan Contractual
Services $29,000 $0 $29,000 7/1/2023 6/30/2025
Total: $150,000 $0 $150,000
52
Attachment 4
1 of 1
Rev. 4/27/2018
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
53
Attachment 5
1 of 7
BGS-DEP 55-215 revised 11/8/2022
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at https://sam.gov/content/assistance-listings.
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BGS-DEP 55-215 revised 11/8/2022
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost
of such an audit must be paid from the recipient’s resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/,
Department of Financial Services’ Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
55
Attachment 5
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BGS-DEP 55-215 revised 11/8/2022
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Auditor General’s Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
56
Attachment 5
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BGS-DEP 55-215 revised 11/8/2022
5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
57
Attachment 5, Exhibit 15 of 7 BGS-DEP 55-215 Revised 7/2019EXHIBIT – 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 Program A Federal Agency CFDA Number CFDA Title Funding AmountState Appropriation Category $ Federal ProgramB Federal Agency CFDANumber CFDA Title Funding AmountState Appropriation 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 ProgramA First Compliance requirement: i.e.: (what services of purposes resources must be used for)Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources)Etc.Etc.Federal ProgramBFirst Compliance requirement: i.e.: (what services of purposes resources must be used for)Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)Etc.Etc. 58
Attachment 5, Exhibit 16 of 7 BGS-DEP 55-215 Revised 7/2019Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following MatchingResources for Federal Programs:Federal Program AFederal AgencyCFDACFDA TitleFunding AmountState Appropriation Category Federal Program B Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:State ProgramA State Awarding Agency StateFiscal Year1 CSFANumber CSFA TitleorFunding Source DescriptionFunding Amount State Appropriation Category Original AgreementFlorida Department of Environmental ProtectionFY23.24 37.098 Resilient Florida Programs $150,000.00 140078 State ProgramB State Awarding Agency StateFiscal Year2 CSFANumber CSFA TitleorFunding Source DescriptionFunding Amount State Appropriation Category Total Award$150,000.00Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state_project_compliance.aspx]. The 1Subject to change by Change Order.2Subject to change by Change Order.59
Attachment 5, Exhibit 17 of 7 BGS-DEP 55-215Revised 7/2019services/purposes for which the funds are to be used are included in the Agreement’s Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. 60
Rev. 2.1.24
Attachment 6
Page 1 of 2
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM-SPECIFIC REQUIREMENTS
RESILIENT FLORIDA PROGRAM
ATTACHMENT 6
1.Sea Level Impact Projection Study Requirement. If a state-funded construction project is located within an
area where a Sea Level Impact Protection (SLIP) study is required pursuant to the relevant Florida Statute (s.
161.551, Florida Statutes (F.S.), before July 1, 2024; s. 380.0937, F.S., beginning July 1, 2024, and
thereafter), the Grantee is responsible for conducting such a SLIP study and submitting the resulting report to
the Department. The SLIP study report must be received by the Department, approved by the Department,
and published on the Department’s website for at least thirty (30) days before construction can commence.
Upon submission to the Department, SLIP study reports must meet all relevant statutory requirements, as
well as the then-current standards and criteria indicated in Chapter 62S-7, Florida Administrative Code.
2.Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal,
state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary
permits are obtained prior to implementation of any grant-funded activity that may fall under applicable
federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable
permit for any grant-funded activity. Upon request, the Grantee must provide a copy of all acquired and
approved permits for the project.
3. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the
Department should be submitted electronically and must be compliant with the Americans with Disabilities
Act, also known as “508 Compliant,” in all formats provided.
4.Copyright, Patent and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes:
a. The copyright in any work developed under this Agreement; and
b.Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support.
5.Grant funds may not be used to support ongoing efforts to comply with certain legal requirements or actions
that were unanticipated, non-existent, or unknown to the Department at the time of this Agreement’s
execution, including regulatory and permit compliance requirements, non-compliance and citation fees, fees
resulting from unanticipated permit conditions, settlement agreements, and compliance with formal or
informal enforcement actions to resolve violations of applicable rules and statutes (including consent orders,
Closed Without Official Enforcement agreements, and similar enforcement actions). Grant funds may be
utilized to support ongoing efforts to comply with permit-required conditions, as approved by the Resilient
Florida Program (e.g., pre-, during-, and post-construction monitoring and mitigation efforts).
6.Funding Source. With the exception of audiovisuals not intended for presentation to the general public that
are produced either as research instruments or for documenting experimentation or findings (unless otherwise
required under the special terms of this Agreement), Grantee agrees to include the Department’s logo (which
can be found on the Department’s website at: https://floridadep.gov or by contacting the Grant Manager for
a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and
similar materials, as well as the following language:
“This work was funded in part through a grant agreement from the Florida Department of Environmental
Protection’s Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements,
61
Rev. 2.1.24
Attachment 6
Page 2 of 2
findings, conclusions, and recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views of the State of Florida or any of its subagencies.”
The next printed line must identify the month and year of the publication.
7. Final Project Report. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final
payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in
instances where the next quarterly report falls after the project’s completion date.
8.Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of
deliverables and reports (Exhibit A and F) that include photos.
9.Contractual Services. For all grant agreements that include Contractual Services as an expenditure category,
the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting
documentation for all contractors conducting work under the grant agreement, prior to requesting payment
that includes contractual services.
10.Vulnerability Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional
Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist
Certification, with the final grant deliverable(s).
11.Geographic Information System (GIS) files and associated metadata. All GIS files and associated metadata
must adhere to the Resilient Florida Program’s GIS Data Standards (found on the Resilient Florida Program
website: https://floridadep.gov/rcp/resilient-florida-program/documents/resilient-florida-program-gis-data-
standards), and raw data sources shall be defined within the associated metadata.
12.State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local
Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SLFRF
Reporting Requirements Form upon execution of the grant agreement.
62
Exhibit A, Page 1 of 1
Rev. 1/13/2023
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT A
PROGRESS REPORT FORM
The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be
found on the Department’s website at the link below. Each payment request must be submitted on the
current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during
the grant agreement period.
https://floridadep.gov/Resilient-Florida-Program/Grants
63
Exhibit C, Page 1 of 1
Rev. 12/02/19
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant
agreements can be found on the Department’s website at the link below. Each payment request must be
submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit
C that occur during the grant agreement period.
https://floridadep.gov/Resilient-Florida-Program/Grants
64
Exhibit F, DEP Agreement # 24PLN20
Page 1
6/30/2023
EXHIBIT F
DEP AGREEMENT NO. 24PLN20
CITY OF SOUTH MIAMI COMPREHENSIVE VULNERABILITY ASSESSMENT AND ADAPTATION
PLAN
CITY OF SOUTH MIAMI
Final Project Report
Insert Month & Year
This report is funded in part through a grant agreement from the Florida Department of Environmental Protection.
The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and
do not necessarily reflect the views of the State of Florida or any of its subagencies.
65
Exhibit F, DEP Agreement # 24PLN20
Page 2
6/30/2023
Part I. Executive Summary
Part II. Methodology
Part III. Outcome
Include the following: 1) evaluation of project’s ability to meet goals and expected performance measures and provide
explanation for why goals were not met, if applicable; 2) identify successful outcomes, areas for improvement, and
quantifiable metrics (including the assigned metric in Exhibit A, if applicable) as a result of the project; and 3) final
project photos, if an implementation construction project.
Part IV. Further Recommendations
Instructions for completing Exhibit F Final Project Report Form:
DEP AGREEMENT NO.: This is the number on your grant agreement.
GRANTEE NAME: Enter the name of the grantee’s agency.
PROJECT TITLE: Enter the title shown on the first page of the grant agreement.
MONTH & YEAR: Enter month and year of publication
The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and
Further Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted
to the Department’s Grant Manager for approval. Final payment will be held until receipt and approval of the Final
Project Report.
Questions regarding completion of the Final Project Report should be directed to the Department’s Grant Manager,
identified in paragraph 18 of this agreement.
66
Exhibit G, DEP Agreement #: 24PLN20
11/19/2021 Page 1 of 1
Florida Department of Environmental Protection
EXHIBIT G
PHOTOGRAPHER RELEASE FORM
FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
DEP AGREEMENT NO: 24PLN20
RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter’s Name:
Address:
City: State: Zip:
Phone Number: ( ) Email:
License and Indemnification
I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and
am eighteen (18) years of age or older.
I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to
distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the
“Work”) to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to:
1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements,
etc.); and
2. Distribution to the media; and
3. Use in commercial products.
The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate
by the Florida Department of Environmental Protection. No Work will be returned once submitted.
I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever
for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights
or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of
any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other
individual or entity.
I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection,
its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in
connection with the Florida Department of Environmental Protection’s use of the Work. This release and
indemnification shall be binding upon me, and my heirs, executors, administrators and assigns.
I have read and understand the terms of this release.
Owner signature: Date:
Photo/video/audio/artwork/recording
file name(s):
Location of photo/video/audio
recording/artwork:
Name of person accepting Work submission
67
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
CONTRACTUAL SERVICES CERTIFICATION
Exhibit H
Required for all grant agreements that include Contractual Services as an expenditure category.
DEP Agreement Number:
Project Title:
Grantee:
Documentation of the Grantee’s procurement process, as consistent with Attachment 1,
Paragraph 9(c) and Attachment 2, Paragraph 11;
A list of all subcontractor quote and/or bid amounts (as applicable), including the
company name and address for each subcontractor;
An explanation of how and why the Grantee made their determination(s) for the
subcontractor(s) selected to perform certain task(s) under the Grantee’s relevant grant
agreement;
This Exhibit H, signed and dated by the Grantee’s own (non-Departmental) grant
manager.
By signing below, I certify that, on behalf of the Grantee, I have provided all the information
required by items 1. through . of this exhibit, as stated above, to the Department Grant Manager
currently responsible for the Grantee’s Resilient Florida Grant Program grant agreement. I also
certify that the procurement process the Grantee utilized follows all of said Grantee’s non-
Departmental policies and procedures for subcontractors.
Grantee's Grant Manager Signature
Print Name
Date
Prior to making a request for payment of contractual services, the Grantee must provide the
following to the Department Grant Manager then responsible for the Grantee’s Resilient Florida
Grant Program grant agreement:
Rev. 4.2024
24PLN20
City Of South Miami Comprehensive Vulnerability Assessment And Adaptation Plan
City of South Miami
68
Exhibit I
1 of 3
Rev. 12/15/2023
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION
Exhibit I
Required for all planning grant agreements that include a comprehensive Vulnerability Assessment.
DEP Agreement Number: __________________________
Project Title: ____________________________________
Grantee: ________________________________________
In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and information are required
for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA
Report deliverable, pursuant to Attachment 3, Grant Work Plan. When filling out the checklist, please provide the
corresponding page number in the VA or, if the item is not applicable, an explanation as to why it is not applicable. The
Grantee must abide by the Data Standards found on the Resilient Florida Program webpage:
https://floridadep.gov/rcp/resilient-florida-program/documents/resilient-florida-program-gis-data-standards
Part 1 Subparagraph 380.093(3)(c)2., F.S.
Item
ID
Check if
Included Item Description
Page Reference in
VA Report
(if applicable)
A Final Vulnerability Assessment Report that provides details on the results
and conclusions, including illustrations via maps and tables.
All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA
include the following
three (3) items:
B Geospatial data in an electronic file format.
C GIS metadata.
D
List of critical assets for each jurisdiction, including regionally significant
assets, that are impacted by flooding and sea level rise. The list must be
prioritized by area or immediate need and must identify which flood
scenario(s) impacts each asset.Critical assets and regionally significant
assets are as defined in subsection 380.093(2), F.S.
Part 2 Subparagraphs 380.093(3)(d)1. and 380.093(3)(d)2., F.S.
Item
ID
Check if
Included Item Description
Page Reference in
VA Report
(if applicable)
E
Peril of Flood Comprehensive Plan amendments developed that address
paragraph 163.3178(2)(f), F.S. (if applicable)
Noncoastal community/Peril of Flood not required
Already in compliance
24PLN20
City Of South Miami Comprehensive Vulnerability Assessment And Adaptation Plan
City of South Miami
69
Exhibit I
2 of 3
Rev. 12/15/2023
F
Depth of tidal flooding, including future high tide flooding.The threshold
for tidal flooding is 2 feet above mean higher high water.
(if applicable)
G
Analysis geographically displays the number of tidal flood days expected
for each scenario and planning horizon.
(to the extent practicable)
H
Depth of current and future storm surge flooding using publicly available
NOAA or FEMA storm surge data.
(check one, if applicable)
NOAA data FEMA data
H.1 Initial storm surge event equals or exceeds current 100-yearflood event.
(if applicable)
H.2 Higher frequency storm analyzed for exposure of a critical asset.
(optional, but must provide additional detail if included)
I
Rainfall-induced flooding was considered using spatiotemporal analysis
or existing hydrologic and hydraulic modeling results.
(to the extent practicable but required if item e is noncoastal)
I.1
Future boundary conditions have been modified to consider sea level
rise and high tide conditions. For rainfall-induced flood modeling, the
model inputs for the 2040/2070 rainfall scenarios should use projected sea
level rise/high tide conditions.
(if applicable)
I.2
Depth of rainfall-induced flooding for 100-year storm and 500-year
storm event.
(required if item e is noncoastal)
J
Compound flooding or the combination of tidal, storm surge, and rainfall-
induced flooding.
(to the extent practicable)
Part 3 Subparagraph 380.093(3)(d)3., F.S.
Item
ID
Check if
Included Item Description
Page Reference in
VA Report
(if applicable)
K All analyses in North American Vertical Datum of 1988.
L
Includes at least two local sea level rise scenarios, which must include the
2017 NOAA intermediate-low and intermediate-high sea level rise
projections.
M Includes at least two planning horizons, which must include years 2040
and 2070.
N Utilizes local sea level data that has been interpolated between the two
closest NOAA tide gauges.
N.1
Local, publicly available, sea level data was taken from one of the two
closest NOAA tide gauges. Data may be taken from one such gauge if the
gauge has a higher mean sea level.
(if checked, provide Department approval).
70
Exhibit I
3 of 3
Rev. 12/15/2023
Identify all counties and municipalities that are included in this Vulnerability Assessment:
Checklist is true and accurate as of the date of the signature below.
Grantee's Grant Manager Signature
Print Name
Date
24PLN20 City of South Miami
71
72COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. _____________ is not willfully providing and will not willfully provide any service during the Contract te1m in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: City of South Miami Title: c,r1 t,1,/1,, •fU Signature: ~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!I!!!!!~!!!!!!!!!~.,.,._~• Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C.