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R24-238 RESOLUTION NO. R24-238 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ACCEPTING A RESILIENT FLORIDA PROGRAM 5 FISCAL YEAR 2024-2025 STATEWIDE RESILIENCE PLAN GRANT 6 AWARD FOR THE SHORELINE RESILIENCE PROJECT IN THE AMOUNT 7 OF $536,952 FROM THE STATE OF FLORIDA DEPARTMENT OF 8 ENVIRONMENTAL PROTECTION; APPROVING GRANT AGREEMENT 9 NO. 25SRP19 WITH THE STATE OF FLORIDA DEPARTMENT OF 10 ENVIRONMENTAL PROTECTION AND AUTHORIZING THE MAYOR TO 11 EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE INTENT 12 OF THIS RESOLUTION SUBJECT TO THE REVIEW AND APPROVAL OF 13 THE CITY ATTORNEY'S OFFICE; AND FOR ALL OTHER PURPOSES. 14 15 WHEREAS, on May 12, 2021, the Senate Bill 1954 became law, which included the creation 16 of the Resilient Florida Program. This comprehensive legislation ensures a coordinated approach 17 to Florida's coastal and inland resilience. The Resilient Florida Program enhances the efforts to 18 protect Florida inland waterways,coastlines and shores,which serve as invaluable natural defenses 19 against sea level rise.The legislation will yield the largest investment in Florida's history to prepare 20 communities for the impacts of sea level rise, intensified storms, and flooding; and 21 WHEREAS, the Resilient Florida Program includes a selection of grants that are available 22 to municipalities to effectively address the impacts of flooding and sea level rise that Florida faces. 23 Under this program, the City has completed a statutorily compliant flooding vulnerability 24 assessment and was awarded a grant to develop an adaptation plan; and 25 WHEREAS, on August 20, 2024, the City was awarded funding in the amount of $536,952 26 under the Resilient Florida Implementation Grant Program for the City of Boynton Beach Park 27 Shoreline Resilience Project. The project will integrate the natural environment and engineered 28 structures fostering biodiversity and ecological equilibrium; and 29 WHEREAS, the grant has a 50% match of $536,952; and 30 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 31 best interests of the city's citizens and residents to accept a Resilient Florida Program Fiscal Year 32 2024-2025 Statewide Resilience Plan Grant Award for the Shoreline Resilience Project in the 33 amount of $536,952 from the State of Florida Department of Environmental Protection and 34 approve Grant Agreement No. 25SRP19 with the State of Florida Department of Environmental 35 Protection. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 38 BEACH, FLORIDA, THAT: 39 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption. 41 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 42 accept a Resilient Florida Program Fiscal Year 2024-2025 Statewide Resilience Plan Grant Award 43 for the Shoreline Resilience Project in the amount of $536,952 from the State of Florida 44 Department of Environmental Protection. 45 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 46 approve Grant Agreement No. 25SRP19 between the State of Florida Department of 47 Environmental Protection and the City for the Shoreline Resilience Project in the amount of 48 $536,952 (the "Agreement"). 49 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 50 authorizes the Mayor to execute the Agreement and any ancillary documents required under the 51 Agreement or necessary to accomplish the purposes of the Agreement or this Resolution, subject 52 to the review and approval of the City Attorney's Office. 53 SECTION 5. Alannah Irwin and Mirna Crompton shall be responsible for ensuring that 54 one fully executed Agreement is returned to the City, to be provided to the Office of the City 55 Attorney for forwarding to the City Clerk for retention as a public record. 56 SECTION 6. This Resolution shall take effect in accordance with law. 57 58 [signatures on the following page] 59 60 PASSED AND ADOPTED this f7°1 day of gibe r 2024. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 Mayor-Ty Penserga ✓ 64 65 Vice Mayor-Aimee Kelley 66 67 Commissioner-Angela Cruz 68 69 Commissioner-Woodrow L. Hay 70 71 Commissioner-Thomas Turkin +.rte '61701 Cl-r" 72 73 VOTE q-0 74 ATTE 75 76 I�. , l l41147202.11Amy,-L�� 77 Maylee De J- s, MPA, M T •r;: 78 City Clerk .� M a •r 79 =Oy'c1TON BF,�► 80 �Q?o�QORATe• .'Q•� AP'ROVED AS TO FORM: : STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: City of Boynton Beach Park Shoreline Resilience 25SRP19 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: City of Boynton Beach Entity Type:Local Government Grantee Address: FEED: 59-6000282 100 East Ocean Avenue, Boynton Beach,Florida 33453 (Grantee) 3. Agreement Begin Date: Date of Expiration: 7/1/2024 6/30/2027 4. Project Number: Project Location(s): Palm Beach County,Florida (If dierou from Agreement Number) Project Description:The Project will construct 1708 linear feet of living shorelines at Mangrove Park,Intracoastal Park,and Jaycee Park to fortify coastal resilience 5. Total Amount of Funding: Funding Source? Award#s or Line-Item Appropriations: Amount per Source(s): ▪ State OFederal FY 2024-2025 GAA Line Item 1853 $ 536,952.00 O State OFederal $ $536,952.00 0 State OFederal $ O Grantee Match _ $ 536,952.00 Total Amount of Funding+Grantee Match,if any: $ 1.073,904.00 6. Department's Grant Manager Grantee's Grant Manager Name: Matthew Behnke Name: Mirna Crompton or successor or successor Address: Resilient Florida Program Address: City of Boynton Beach 3900 Commonwealth Boulevard,MS230 P.O Box 310 Tallahassee,Florida 32399 Boynton Beach,Florida 33425 Phone: 850-245-8305 Phone: 561-742-6087 Email: Matthew.Behnke(a),FloridaDEP.gov Email: CromptonM(a,bbfl.us 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: O Attachment I:Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2:Special Terms and Conditions O Attachment 3:Grant Work Plan O Attachment 4:Public Records Requirements O Attachment 5:Special Audit Requirements It7 Attachment 6:Program-Specific Requirements 0 Attachment 7:Grant Award Terms(Federal)"Copy available at blips//facts fldfs.com,in accordance with section 215.985,F.S. 0 Attachment 8:Federal Regulations and Terms(Federal) 0 Additional Attachments(if necessary): O Exhibit A:Progress Report Form 0 Exhibit B:Property Reporting Form 0 Exhibit C:Payment Request Summary Form 0 Exhibit D:Quality Assurance Requirements 0 Exhibit E:Advance Payment Terms and Interest Earned Memo 0 Exhibit J:Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 25SRP 19 Rev. 1/3124 ORCP Additional Signatures DEP Grant Manager,Matt iew Behnke DEP QC Reviewer,Katharine Hoover Grantee may add additional signatures below,if needed. 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 Attachment 1 2 of 14 Rev. 11/13/2024 ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985,F.S.,and must be posted on the Contractor's website,if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Pad ment 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: ht.ps:/./www.mylluri:iision/aa/local-governments.'tud gement-interest-rates. I. 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 Aureement 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 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73,F.A.C., as applicable.For grants funded with federal funds,nonconsumable and/or nonexpendable personal property or equipment costing$10,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, 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- Attachment 1 4 of 14 Rev. 11/13/2024 that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. puts•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 Attachment 1 6 of 14 Rev.11/13/2024 arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines, in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2)contract with other sources(without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action arc 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 arc 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 majeurc events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement,at law or in equity The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. Attachment 1 8 of 14 Rev. 11/13/2024 there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States;and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials,and supplies that are consumed in,incorporated into,or affixed to an infrastructure project.As such,it does not apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,such as movable chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act,including the following provision: a. Signage Requirements a.Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: https://www.epa.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 Attachment 1 10 of 14 Rev.11/13/2024 general administrative costs,and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement,Grantee,or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled,Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department,the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s)the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 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 Development at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 12 of 14 Rev. 11/13/2024 If the Grantee is a nongovernmental entity,the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06,F.S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a"public works project"as defined in section 255.0993,F.S.,or the purchase of materials to be used in a public works project,any iron or steel permanently incorporated in the Project must be"produced in the United States,"as defined in section 255.0993,F.S.This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1)iron or steel products produced in the United States are not produced in sufficient quantities,reasonably available,or of satisfactory quality; (2)the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent(20%);or (3)complying with this requirement is inconsistent with the public interest. Further,this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if: (1)such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications;and (2)the"cost"of such materials,as defined in section 255.0993,F.S.,does not exceed one-tenth of one percent(1%) of the total Project Cost under this Agreement or$2,500,whichever is greater. Electrical components,equipment,systems,and appurtenances,including supports,covers,shielding,and other appurtenances related to an electrical system that are necessary for operation or concealment(excepting transmission and distribution poles)are not considered to be iron or steel products and are,therefore,exempt from the requirements of this paragraph. This provision shall be applied in a manner consistent with and may not be construed to impair the state's obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current,complete,and accurate.This includes all statements and information in this Grant,as well as its Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sign. This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 14 of 14 Rev.11/13/2024 Each payment request submitted shall document all matching funds and/or match efforts(i.e.,in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. If,upon completion of this Project,actual Project costs are less than the total estimated Project costs,and there are no pending payment requests,the Grantee's required match may be reduced proportionately,as long as at least a 50%match of the actual total cost of the Project is provided by the Grantee and the reduced amount satisfies statutory and program requirements. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy 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 arc: 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. lithe 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. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 5%of the total amount of the 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 arc no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. Attachment 2 2 of 3 Rev 6/27/24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.25SRP19 ATTACHMENT 3 PROJECT TITLE:City of Boynton Beach Park Shoreline Resilience PROJECT LOCATION:The Project is located in Boynton Beach within Palm Beach County,Florida. PROJECT DESCRIPTION: The City of Boynton Beach (Grantee) will conduct the City of Boynton Beach Park Shoreline Resilience (Project)to include the construction of living shorelines covering 1708 linear feet of shoreline at Mangrove Park,Intracoastal Park,and Jaycee Park to fortify coastal resilience. TASKS AND DELIVERABLES: Task 1: Design and Permitting Description: The Grantee will acquire professional services for the engineering and design of innovative living shoreline technologies using nature-based solutions covering 1708 linear feet of shoreline and obtain all necessary permits for construction of the Project.Design and permitting activities may include coastal or civil engineering analyses,preparation of plans and specifications,physical and environmental surveys, cultural resource surveys, design-level geotechnical services, environmental analyses, orthophotography, plan formulations and other necessary studies for obtaining environmental permits, and other Project- related authorizations.The Grantee will submit all work products to the appropriate local,state,and federal regulatory agencies. The Grantee will perform preconstruction project administration, to include project scope of work determination,planning and development of proposed project(s),design consultant direction and oversight, meetings with design professionals and construction contractor(s) and overall project coordination and supervision. Deliverables:The Grantee will provide the following: • LI: All final design documents as signed by a Florida-registered Professional Engineer or other applicable Florida Licensed Professional in responsible charge of the design; • 1.2: A copy of final permit documents from all applicable local, state, and federal regulatory agencies for all permits required for the Project. This should include any permits listed in the original project application;and, • 1.3:Project administration and management report(s)signed by the Grantee's Grant Manager.The report(s)must cover the performance period of the task and can be submitted no more frequently than quarterly during the performance period of the task.The report(s)must include: o A summary of project administration activities; o Proposed project scopes of work;and o Meeting minutes with design professionals and construction contractors,as applicable. Task 2: Construction Description: The Grantee will construct innovative living shoreline technologies using nature based solutions at Mangrove Park,Intracoastal Park,and Jaycee Park in accordance with the construction contract documents.Project costs associated with the Construction task include work approved through construction DEP Agreement No.:25SRP19 Page 1 of 3 Rev.9.9.24 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. 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. Task Budget DEP Match Total Task Start Task Due No. Task Title Category Amount Amount Amount Date Date Design and Contractual 1 Permitting Services $150,000 $150,000 $300,000 7/1/2024 3/31/2027 2 Construction Contractual $386,952 $386,952 $773,904 7/1/2024 3/31/2027 Services Total: $536,952 $536,952 $1,073,904 DEP Agreement No.:25SRP19 Page 3 of 3 Rev.9.9.24 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 $1,000,000 or more in Federal awards in its fiscal year, must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal 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 $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F-Audit Requirements.If the recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from non-federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at}tttps://sam,gpv/con ten t/assi stan ce-I 1st i ngs. Attachment 5 1 of 7 BGS-DEP 55-215 revised 11/19/24 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facwcb/ 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: FDEPSinzleAudit@dep.state.fius B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 1 l 1 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(http://flauditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART Ill of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAuditgidep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97,F.S.,and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3 of 7 BGS-DEP 55-215 revised 11/19/24 EXHIBIT-1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note:lithe resources awarded to the recipient represent more than one federal program,provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropnatton A Federal Aeencc Number CFDA Title Funding Amount Categon S Federal State Program CFDA Appropriation B Federal Agency Number CFDA Title Funding Amount Category $ Note Of the resources awarded to the recipient represent more than one federal program,list applicable compliance requirements for each federal program in the.same manner as shown below• Federal Program First Compliance requirement:1 e..(what services of purposes resources must be used for) A Second Compliance requirement.i.e.:(eligibility requirement for recipients of the resources) Etc Etc. Federal Program First Compliance requirement:i.e.:(what services of purposes resources must be usrd for) B Second Compliance requirement:i.e telieibilit requirement for recipients of the resourcest Etc. Etc. Attachment 5,Exhibit I 5 of 7 ars.DEs 55.215 Retied 74119 services'purposes for which the funds are to be used arc included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement Attachment 5,Exhibit 1 7 0I'7 BMW'MIS Rewind 7!1019 9. Program Deliverable Acceptance and Disclaimer.The Department's acceptance of any specific project's task deliverables required by that project's Resilient Florida Program grant agreement, does not guarantee the Department's acceptance of the same or similar task deliverables,as required by a different Resilient Florida Program grant agreement,notwithstanding the Grantee(s)and/or project(s)at issue being the same or similar. The Department will review and accept all deliverables individually,pursuant to the terms and conditions of each grant agreement for which they are submitted, including Attachment 3, Grant Work Plan. The Department's acceptance of a specific deliverable does not constitute the Department's confirmation that the conclusions or statements made within said deliverable are truthful or accurate,including,but not limited to, claims of scientific validity and the certification of engineering practices. If a dispute arises between the Department and Grantee regarding the veracity of a specific deliverable's content,the Department may request that the Grantee provide additional documentation (e.g., a certification statement signed and sealed by a licensed Professional Engineer),verifying that the conclusions or statements at issue are true and correct to the best of the Grantee's knowledge,prior to the Department's acceptance of said deliverable. 10. Sunshine Law Compliance.As per Paragraph 23 to Attachment 1,Standard Terms and Conditions,the Grantee is solely responsible for ensuring that its actions(and those of its agents)under the Agreement are made in compliance with Section 286.011, Florida Statutes—Florida's Government in the Sunshine Law—where applicable. Implementation Grants 11. Sea Level Impact Projection Study Requirement.If a state-funded construction project is located within an area where a Sea Level Impact Protection (SLIP)study is required pursuant to Section 380.0937, Florida Statutes,the Grantee is responsible for conducting such a SLIP study and submitting the resulting 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 standards and criteria indicated in Chapter 62S-7,Florida Administrative Code. 12. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state,or local permit will be issued for a particular activity.The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal,state,or local laws.Further,the Grantee shall abide by all terms and conditions of each applicable permit for any grant-funded activity.Upon request,the Grantee must provide a copy of all required,acquired, and approved permits for the project. 13. Grant funds may not be used to support ongoing efforts to comply with certain legal requirements or actions that were unanticipated, non-existent, or unknown to the Department at the time of this Agreement's execution,including regulatory and permit compliance requirements,non-compliance and citation fees,fees resulting from unanticipated permit conditions, settlement agreements, and compliance with formal or informal enforcement actions to resolve violations of applicable rules and statutes(including consent orders, Closed Without Official Enforcement agreements, and similar enforcement actions). Grant funds may be utilized to support ongoing efforts to comply with permit-required conditions,as approved by the Resilient Florida Program(e.g.,pre-,during-,and post-construction monitoring and mitigation efforts). Grants Funded with American Rescue Plan Act(ARPA)Funds 14. Match Expenditure Monitoring.For any match-funded deliverable(s)identified in Attachment 3,Grant Work Plan, not accepted by the Department by the Date of Expiration listed in Section 3 to the Standard Grant Agreement(as modified by any properly executed amendment(s), as applicable), the Grantee must submit Exhibit M,Match Expenditure Monitoring Form,to the Department prior to ARPA-funded grant closeout to identify all remaining deliverable(s)which are to be completed solely using Grantee match funding. Failure Attachment 6 Rev.9.9.24 Page 2 of 3 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A,Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below.Each progress report must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. https://floridadep.gov/Resilient-Florida-ProgramiGrants Exhibit A,Page 1 of 1 Rev.7/1/2024 EXHIBIT F DEP AGREEMENT NO.25SRP19 CITY OF BOYNTON BEACH PARK SHORELINE RESILIENCE City of Boynton Beach Final Project Report QP pfiPARry� O44> A 0 41 O4MENTAIPaD Insert Month&Year This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views,statements,findings,conclusions, and recommendations expressed herein are those of the author(s)and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F,DEP Agreement#25SRP19 Page 1 6/30/2023 '°...�r� Florida Department of Environmental Protection • .ti ° EXHIBIT G i = PHOTOGRAPHER RELEASE FORM 4.44 Mt. FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO:25SRP19 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. 1 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 Exhibit G,DEP Agreement#:25SRP19 11/19/2021 Page 1 of 1 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended,or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. City of PXoy,.-ton &LA,Cjt is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention, removal,or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Ty ►�t�srar�a Title: t•{a,�,r Signature: f � '�� Date: .z/y/ Ot_r PUR 1808 (08/22) Page 1 of 1 60A-1.020,F.A.C.