HomeMy WebLinkAboutDocumentation_Regular_Tab 14_10/16/2024 Agenda Item #14.
Regular Council
STAFF MEMO
Meeting: Regular Council - Oct 10 2024
Staff Contact: Jay Hubsch Department: Community Development
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Consider Approval of a Memorandum of Understanding with Jupiter Inlet Narrows Conservation
Alliance, Inc to Partner on the Florida Department of Environmental Protection's Coastal Partnership
Initiative Grant Program
SUMMARY-0 .
The Jupiter Inlet Narrows Conservation Alliance, Inc ("JNCA") was recently founded to protect and
preserve the environmental integrity of the Jupiter Narrows and surrounding environment. JNCA's
long term vision is to "stabilize and restore the iconic mangrove islands and seagrass beds that are
the backbone of the Jupiter Narrows ecosystem." JNCA recently engaged Taylor Engineering to
conduct a natural resources survey and create conceptual designs of a restored and protected Jupiter
Narrows.
JNCA intends to apply for the Florida Department of Environmental Protection's Coastal Partnership
Initiative Grant Program ("CPI") to help fund restoration efforts of the Jupiter Narrows. The CPI grant
deadline is October 31, 2024. JNCA has requested that the Village serve as a partner on the grant
application, as only counties and municipalities are eligible to apply. JNCA has agreed to handle the
grant application, grant monitoring/reporting, and any financial obligations.
A Memorandum of Understanding has been drafted by the Village Attorney that states that JNCA will
prepare the grant application; submit the grant application; provide any necessary matching funds;
implement the grant funding received; prepare any ongoing grant management, reporting, and
compliance required by the grant agreement; and pay any grant filing and management fees, along
with any expenses for the project not covered by the grant.
The draft Memorandum of Understanding is provided in the agenda package, along with an FAQ
about the CPI grant program.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
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❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONn/a
MOU-Jupiter Narrows -
Coastal-Partnership-initiative-FAQ-2024
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Agenda Item #14.
AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND JUPITER NARROWS CONSERVATION
ALLIANCE, INC.
THIS AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND JUPITER NARROWS
CONSERVATION ALLIANCE, INC. ("Agreement") is made and entered into on the day of
2024, by and between the VILLAGE OF TEQUESTA, a political subdivision of the State of
Florida (the "Village") and the JUPITER NARROWS CONSERVATION ALLIANCE, INC., a non-profit
corporation authorized to do business in the State of Florida ("JNCA"), both being hereinafter referred
to collectively as the "Parties".
WITNESSETH:
WHEREAS, JNCA is a not for profit entity that aims to stabilize and restore the iconic mangrove
islands and seagrass beds that are the backbone of the Jupiter Narrows ecosystem; and
WHEREAS, JNCA has undertaken fundraising efforts to create plans to restore and protect the
Jupiter Narrows, which is a stretch of the east side of the Indian River Lagoon north of Catos Bridge, and
is comprised of mangrove islands and seagrass beds; and
WHEREAS, JNCA has engaged Taylor Engineering to conduct a natural resources survey and
conceptual designs of a restored and protected Jupiter Narrows; and
WHEREAS, the Jupiter Narrows is located within the Village of Tequesta and the Village has a
shared interest in seeing the Jupiter Narrows restored and protected; and
WHEREAS, the parties wish to work cooperatively towards the restoration and preservation of
the Jupiter Narrows; and
WHEREAS, the parties wish to apply to the Florida Department of Environmental Protection's
("FDEP") Coastal Partnership Initiative Grant Program ("CPI") for the funding of restoration and
protection of the Jupiter Narrows. Financial awards under the CPI are a minimum of $10,000, and
awards are limited to no more than $60,000 for construction projects, habitat restoration, invasive plant
removal or land acquisition; and $10,000 to no more than $30,000 for planning, design and coordination
activities; and
WHEREAS, the parties hereby agree to a Public-Private-Partnership to apply for the CPI grant for
the FY 2025-26 grant cycle; and
WHEREAS,JNCA will take the lead role in completing and filing the grant application on behalf of
and as co-applicant with the Village and any other documentation required to make formal application,
as well as ongoing grant monitoring and reporting in the event the grant is awarded to the Village.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations
herein contained,the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
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2. The Proiect. JNCA will prepare and submit all documentation for the CPI grant application,
as well as any paperwork necessary for ongoing grant management, reporting, and
compliance with the FDEP as required by grant agreement in the event of award.
3. Party's Representatives/Liaison.
a) The Village's representative during the performance of this Agreement shall be Village
Manager Jeremy Allen, telephone number (561) 768-0465, e-mail address
jallen@teguesta.org.
b) JNCA's representative during the performance of this Agreement shall be Director
Thomas Heller, telephone number (978) 979-0471, e-mail address
thomas@iupiternarrowsconservation.org.
4. The Village's Responsibilities.The Village shall:
a) Timely review draft documents submitted by JNCA prior to application submittal.
b) Sign all grant application documentation preparation by JNCA subject to approval of
such documentation by the Village Manager in his sole and absolute discretion.
c) If the grant is ultimately awarded to the Village, receive and disburse grant dollars to
JNCA and JNCA's subcontractors for the restoration and protection of the Jupiter
Narrows as allowed under the grant award.
The Village shall not be financially responsible for any grant application fees, grant
management fees, matching funds, or for any costs related to implementation of the grant
or any ongoing efforts to protect, restore, and preserve the Jupiter Narrows.
5. JNCA's Responsibilities.JNCA shall:
a) Prepare all documentation for filing of the grant application consistent with the CPI's
requirements and provide same in draft form for Village review no later than seven (7)
calendar days prior to the October 31, 2024 deadline for the FY2025-26 grant
application cycle.
b) Upon approval of the Village of all application documents, make application to the
FDEP's CPI on or before the October 31, 2024 deadline for the FY2025-26 grant
application cycle.
c) Provide the required 100% (1:1) matching funds, which may be cash or in kind. JNCA
understands that the Village shall not provide any required match under this
application.
d) If awarded, implement the CPI grant in its entirety and direct any grant funding received
to projects identified in the grant application.
e) If awarded, prepare and submit all documentation required for ongoing grant
management, reporting, and compliance as required by the grant agreement.
f) Pay any and all grant filing or management fees, along with any expenses needed for the
project that are not covered by the CPI grant.
In the event the grant application submitted by JNCA is not awarded, JNCA shall have no
additional responsibilities relative to implementation or ongoing management under this
Agreement.
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6. Term. The term of this Agreement shall take effect upon execution of this agreement and
shall continue until December 31, 2026 unless otherwise provided herein. This Agreement
may be terminated by either party upon ten (10) days written notice to the other party.
7. Notices. All formal notices between the parties shall be deemed received if sent by certified
mail, return receipt requested, to the party's representatives identified below, at the below
cited address. A copy of all such notice shall also be sent to the following counsel by U.S.
Mail. Should any party change its address, written notice of such new address shall promptly
be sent to the other party and shall be effective upon receipt.
Village of Tequesta
Jeremy Allen, Village Manager
345 Tequesta Drive
Tequesta, FI
Jupiter Narrows Conservation Alliance, Inc.
Susan Panella, President
375 Beach Road, Unit 603
Tequesta, FL 33469
8. Default and Termination.
a) If a party fails to fulfill its obligations under this Agreement in a timely and proper
manner, the party not in default shall have the right to terminate this Agreement by
giving written notice of any deficiency and its intent to terminate. The party in default
shall then have thirty (30) days from receipt of notice to correct the stated deficiency. If
the defaulting party fails to correct the deficiency within this time and unless otherwise
agreed by the parties, this Agreement shall terminate at the expiration of the thirty (30)
day time period.
b) Either party may terminate this Agreement at any time for convenience upon thirty (30)
calendar days prior written notice to the other party.
9. Indemnification by JNCA. JNCA and its agents, employees and contractors shall protect,
defend, reimburse, indemnify, and hold the Village, its agents, employees, and elected
officials harmless from and against all claims, liability, expense, loss, cost, damages, or
causes of action of every kind or character, including attorney's fees and costs, whether at
trial or appellate levels or otherwise, arising during and as a result of JNCA's or it agents,
employees, or contractors performance of the terms of this Agreement or due to the acts or
the omissions of JNCA or its agents, employees, or contractors.
10. Indemnification by the Village. The Village acknowledges the waiver of sovereign immunity
for liability in tort contained in Section 768.28, Florida Statutes, and acknowledges that such
statute permits actions at law against the Village to recover damages in tort for money
damages up to the amounts set forth in such statute for injury or loss of property, personal
injury, or death caused by the negligence or wrongful act or omissions of an employee of
the Village while acting in the scope of the employee's office or employment under
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circumstances in which the Village, if a person, would be liable under the general laws of the
State.
11. Insurance. If required by the Village, JNCA shall provide proof of workman's compensation
insurance and liability insurance in such amounts as deemed sufficient by the Village and
shall name the Village as an "additional insured" on the liability portion of the insurance
policy.
12. Independent Contractor. JNCA is, and shall be, in the performance of all work services and
activities under this Agreement, an Independent Contractor, and not an employee, agent, or
servant of the Village. All members or agents of JNCA engaged in any of the work or services
performed pursuant to this Agreement shall at all times and in all places, be subject to the
JNCA's sole direction, supervision, and control. JNCA shall exercise control over the means
and manner in which it and its members or agents perform the work, and in all respects
JNCA relationship and the relationship of its members or agents to the Village shall be that
of an Independent Contractor and not as employees or agents of the Village.
JNCA does not have the power or authority to bind the Village in any promise, agreement or
representation.
13. Inspector General. Palm Beach County has established the Office of the Inspector General in
Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector
General's authority includes but is not limited to the power to review past, present and
proposed Village contracts,transactions, accounts, and records, to require the production of
records, and to audit, investigate, monitor, and inspect the activities of any party
contracting with the Village, its officers, agents, employees, and lobbyists in order to ensure
compliance with contract requirements and detect corruption and fraud. Failure to
cooperate with the Inspector General or interfering with or impeding any investigation shall
be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to
Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
14. Public Entities Crimes Act. As provided in Sections 287.132-133, Florida Statutes, by entering
into this Agreement or performing any work in furtherance hereof, JNCA certifies that it, its
affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not
been placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within thirty-six (36) months immediately preceding the date hereof.
This notice is required by Section 287.133(3)(a), Florida Statutes.
15. Public Records. In accordance with Section 119.0701, Florida Statutes, the Contractor must
keep and maintain this Agreement and any other records associated therewith and that are
associated with the performance of the work described in the Proposal or Bid. Upon
request from the Village's custodian of public records, the Contractor must provide the
Village with copies of requested records, or allow such records to be inspected or copied,
within a reasonable time in accordance with access and cost requirements of Chapter 119,
Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails
to make them available for inspection or copying, within a reasonable time may be subject
to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other
penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that
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any exempt or confidential records associated with this Agreement or associated with the
provision of services contemplated herein are not disclosed except as authorized by law for
the duration of the Agreement term, and following completion of the Agreement if the
Contractor does not transfer the records to the Village. Finally, upon completion of the
Agreement, the Contractor shall transfer, at no cost to the Village, all public records in
possession of the Contractor, or keep and maintain public records required by the Village. If
the Contractor transfers all public records to the Village upon completion of the Agreement,
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 Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically
must be provided to the Village, upon request from the Village's custodian of public records,
in a format that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE
CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE,
AT (561) 768-0685, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA
DRIVE, TEQUESTA, FLORIDA 33469,
16. E-Verify Eligibility. JNCA warrants and represents that it is in compliance with Section
448.095, Florida Statutes, as may be amended. The Contractor shall: (1) register with and
use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of
all newly hired workers; and (2) verify that all of the Contractor's sub-contractors
performing the duties and obligations of this Contract are registered with and use the
E-Verify System to electronically verify the employment eligibility of all newly hired workers.
The Contractor shall obtain from each of its sub-contractors an affidavit stating that the sub-
contractor does not employ, contract with, or subcontract with an Unauthorized Alien, as
that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The
Contractor shall maintain a copy of any such affidavit from a sub-contractor for, at a
minimum, the duration of the subcontract and any extension thereof. This provision shall
not supersede any provision of this Contract which requires a longer retention period. The
Village shall terminate this Contract in accordance with Section 5. above if it has a good faith
belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may
be amended. If the Contractor has a good faith belief that the Contractor's sub-contractor
has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village
shall notify the Contractor to terminate its contract with the sub-contractor and the
Contractor shall immediately terminate its contract with the sub-contractor. In the event of
such contract termination, the Contractor shall be liable for any additional costs incurred by
the Village as a result of the termination.
17. Scrutinized Companies. For Contracts under $1M, the Contractor certifies that it is not on
the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
Florida Statutes, and that it is not engaged in a boycott of Israel. The Village may terminate
this Contract at the Village's option in accordance with Section 5. above if the Contractor is
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found to have submitted a false certification as provided under Section 287.135(5), Florida
Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel
List created pursuant to Section 215.4725, Florida Statutes, or if the Contractor is engaged in
a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Contractor
further certifies that it is not engaged in a boycott of Israel, and that it does not have
business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida
Statutes. The Village may terminate this Contract at the Village's option in accordance with
Section 5. above if the Contractor is found to have submitted a false certification as
provided under Section 287.135(5), Florida Statutes, or if the Contractor has been placed on
one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes.
Additionally, the Village may terminate this Contract at the Village's option in accordance
with Section 5. above if the Contractor is engaged in a boycott of Israel or has been engaged
in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes.
18. Enforcement Costs. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and/or conditions of this Agreement shall be borne by
the respective parties.This provision pertains only to the parties to the Agreement.
19. Remedies. This Agreement shall be construed by and governed by the laws of the State of
Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm
Beach County. No remedy herein conferred upon any party is intended to be exclusive of
any other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof.
20. Delegation. Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of state, county, or municipal officers.
21. Waiver of Breach. It is hereby agreed to by the parties that no waiver of breach of any of the
covenants or provisions of this Agreement shall be construed to be a waiver of any
succeeding breach of the same or any other covenant or provision.
22. No Third-Party Beneficiaries. No provision of this Agreement is intended to, or shall be
construed to, create any third-party beneficiary or to provide any rights to any person or
entity not a party to this Agreement, including but not limited to any citizen or employees of
the Village and/or JNCA.
23. Construction. No party shall be considered the author of this Agreement since the parties
have participated in drafting this document to arrive at a final Agreement. Thus, the terms
of this Agreement shall not be strictly construed against one party as opposed to the other
party based upon who drafted it.
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24. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof
is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement, and the same shall remain in full force and effect.
25. Amendments. This Agreement may only be amended by written Agreement executed by the
parties hereto with the same formality used to execute this Agreement.
26. Captions. The captions and section designations herein set forth are for convenience only
and shall have no substantive meaning.
27. Entirety of Agreement. JNCA and the Village agree that this Agreement, together with any
attached exhibits, sets forth the entire agreement between the parties, and that there are
no promises or understandings other than those stated herein. None of the provisions,
terms, or obligations in the Agreement may be added to, modified, superseded, or
otherwise altered, except by written instrument executed by the parties hereto.
N WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
WITNESSES: JUPITER NARROWS CONSERVATION
ALLIANCE, INC.
By: Susan Panella, President
(Corporate Seal)
VILLAGE OF TEQUESTA
By: Jeremy Allen, Village Manager
ATTEST:
(Sea 1)
Lori McWilliams, MMC
Village Clerk
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Coastal Partnership Initiative Frequently Asked Questions
1. What is the Coastal Partnership Initiative (CPI)?
The CPI program is a competitive-based grant program for Florida's 35 coastal counties, and all
municipalities within their boundaries,that are required to include a coastal element in their
comprehensive plan. Florida's public colleges and universities, regional planning councils,
national estuary programs and nonprofit groups also may apply for CPI funds, if an eligible local
government agrees to participate as a partner. CPI grants provide support for innovative, local,
coastal management projects in four program areas:
• Resilient Communities
• Access to Coastal Resources
• Working Waterfronts
• Coastal Resource Stewardship
These funds are provided by the Department of Environmental Protection's (DEP) Office of
Resilience and Coastal Protection (RCP)through the Florida Coastal Management Program
(FCMP), in partnership with the National Oceanic and Atmospheric Administration (NOAA).
2. How can we receive notifications for the request for application?
Each year, FCMP publishes a "Notice of Availability of Funds" in the Florida Administrative
Register to solicit CPI applications from eligible entities.This notice typically is published each
August. Additionally, you may also send an email to FCMPMail@FloridaDEP. ov and request to
be added to the email list for CPI announcements.The email list may serve as a courtesy
notification only and does not replace the official announcement in the Florida Administrative
Register.
3. Where can I find the most recent CPI application?
The CPI application can be found at FloridaDEP.gov/CPIGrantApplication.
4. Is there a limit on the funds each applicant can request?
Financial awards are a minimum of$10,000, and awards are limited to no more than $60,000
for construction projects, habitat restoration, invasive plant removal or land acquisition; and
$10,000 to no more than $30,000 for planning, design and coordination activities.
5. What are the match limitations?
Grant recipients are required to provide 100%(1:1) matching funds,which may be cash or in-
kind. Match may include the salaries of employees, the value of work time of volunteers,the
cost of construction materials or other supplies and/or services that directly benefit the funded
grant project. No more than 50%of match may be provided by a third party. Federal funds from
any source may not be used as match for any financial assistance from the Coastal Partnership
Initiative.
6. Can matching funds be spent in the past or do they need to be spent once the grant is
awarded?
No, match funds must be spent during the project period of the CPI project.
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7. Can multiple counties apply in one application?
No. While partnership is strongly encouraged, one of the eligible counties will need to be the
lead applicant/recipient and have the fiscal and programmatic responsibilities.
8. Can applicants submit more than one application?
The intent of the rule is that any entity within the eligible local government is part of that local
government, and therefore, only allowed to submit one application per funding cycle. However,
an eligible partner organization, college/university, etc., can also apply with an eligible local
government participating as a partner.The rule specifically states that eligible applicants may
submit only one application, and it also defines eligible applicants as:
(2) "Applicant" means local governments of the 35 coastal counties, and all
municipalities within their boundaries,that are required to include a coastal element in
the local comprehensive plan.The term also means Florida colleges, community colleges
and state universities (as listed in chapter 1000.21, F.S.), regional planning councils,
national estuary programs and nonprofit groups, as long as an eligible local government
agrees to participate as a partner.
9. Who is considered the eligible signatory for the application?
The eligible signatory is the person who has the legal authority to enter into any form of
contractual agreement with Florida.
10. Who should be listed as the official contact on the application?
Preferably,the project manager or grant manager. The contact should have detailed knowledge
of the proposed project. If you need to change/update the official contract at any time, please
notify us at FCMPMail FloridaDEP.gov.
11. Is there a page limit for the total application?
The CPI application has a 10-page limit, not including the map,title page or signature page.
Pages in excess of the 10-page limit will not be reviewed.
12. Where can I find the scoring criteria for CPI applications?
The scoring criteria can be found within rule 62s-4 F.A.C. or at.FloridaDEP.gov/CPIGrantRule.
13. Can national nonprofits apply?
Yes, but they must partner with an eligible local government. There is a section in the
application for the local government to sign as a partner.
14. If a local government signs as a "partner"with a nonprofit or university,what does that mean
for the local government?
As the partner,you essentially state you have worked with this organization and support the
work they are doing. You agree the project they are proposing meets the local government's
needs. It is up to you how involved you need to be in the project. If the project proposed is a
construction project, habitat restoration, exotic plant removal or land-acquisition type project,
the local government must be the lead applicant/recipient, which means you must be fiscally
and programmatically responsible. If the project is not one of those, then you are serving as a
reference and support. However, if the partner organization is unable to complete the project
for any reason, and DEP does not receive timely notification,this may impact future CPI funding
to your local government.
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15. Are there project location eligibility requirements?
Yes, projects must occur on publicly owned land, or land held by the applicant in a conservation
easement(in perpetuity). Federally owned lands are not eligible. Privately owned
lands/structures are not eligible.
16. Are projects not directly located on the coast eligible?Are they ranked lower(given that
applicant has a coastal element in their comprehensive plan)?
Yes, projects that are not directly located on the coast are eligible if they are within the 35
coastal counties and the local government is required to have a coastal element in their
comprehensive plan. The ranking is not affected by geographic location as long as the
application demonstrates the benefits to coastal management.
17. Would a climate action plan and similar projects be considered for CPI?
Yes,these are eligible projects. However, we also recommend that you consider funding
opportunities offered through the Resilient Florida Program.
18. Under which of the four priority areas does land acquisition fall?
It depends on the purpose and reason for acquiring the land. If the land is being purchased to
provide public access, it would fall under the program area of Access to Coastal Resources. If the
land is being purchased for a living shoreline project,then it would fall under either Resilient
Communities or Coastal Resource Stewardship.
19. Where can we find information on the types of projects that have been previously funded?
For detailed information on previously funded projects, visit FloridaDEP.gov/CPI.There are links
to Grant Abstracts and Interactive Story Map, which provide information about project
descriptions and locations, respectively.
20. Are state universities allowed to apply as the lead,or are they required to apply under the
local government participating as a partner?
Yes, an eligible state college/university/community college (those listed in Chapter 1000.21, F.S.)
can apply as the lead recipient with an eligible local government partner. Either entity can be
the lead applicant.There is a section in the application for the local government to sign as a
partner.
21. Can work begin upon notification of an award from DEP?
No. Work on the awarded project may begin only when both parties have a fully executed
agreement.The DEP grant manager will notify recipients when agreements are fully executed,
and that work may begin. Any work performed outside of the project period will not be eligible
for reimbursement.
22. How would I complete the budget if the total project amount is$250,,000 and CPI only allows
up to$60,000 maximum?
You would list the$60,000 as CPI funds requested, and the remainder can be considered as
match. However,we do not recommend including amounts over 100% (in this case, over
$60,000) as match. There are no extra points awarded for additional match, and you will be
required to expand and account for all listed match.
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23. How do I prepare a budget estimate for a project that will not start for a year or more?
Estimate based on today's costs and take inflation into consideration when developing your
budget and budget narrative. Also consider potential cost impacts of BABA requirements. See
also FAQ#33.
24. What information should be included in the budget narrative?
Provide as many details as possible for each budget category. For example, instead of including
only the estimated total cost of supplies, list expected types and cost per type. For travel, list
anticipated trips with number of trips and travelers. Must follow state travel rules. For
equipment(defined as any single item over$5,000), include a brief justification for need. For
contractual services, if vendor information is known, please provide those details. Contractual
services should be procured using your local government/organization procurement policies.
25. Can CPI funds be awarded in conjunction with other grants?
This depends on the timing and project. However, no other federal funds can be used as match
for CPI funds, and funds awarded through CPI cannot be used as match for other federal grants.
See also FAQ#26.
26. Can CPI funds be used for an ongoing larger project?
Yes, CPI funds can be used to enhance a larger-scale project, but the CPI funds and match must
be used during the CPI project period. However, CPI funds cannot be used to supplement or
replace funding for an existing project. A small-scale project is characterized by factors such as a
short project duration, a small team, low staffing hours, and a smaller budget. See also FAQ
#25.
27. Can planning funds be used to secure property appraisals?
Yes, but if the applicant intends to apply for CPI funds in a subsequent year to purchase the
property, NOAA requires that the appraisal must be no more than one year old.Applicants
should keep this timeline in mind for project planning.
28. Is there a recommended time frame for permitting?
While every project is different, applicants are required to have a pre-consultation with the
permitting agency/agencies prior to application,which should provide an estimated timeline.
For construction projects, it is recommended that you submit the permit application/permit(s)
with the application and the 306A questionnaire.
29. If we would like to propose a construction project, habitat restoration, invasive plant removal
or land acquisition project, are there any additional forms needed?
Yes, applicants must complete the 306A questionnaire and provide backup documentation
along with their application. View the questionnaire from DEP or NOAA.There is also National
Environmental Policy Act (NEPA)guidance.
30. Can we have a CPI project with planning and construction in one?
We highly recommend splitting these due to the environmental compliance process that could
hold up the project. The planning would have to be completed prior to environmental review,
which will prolong your start of the construction phase.
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Agenda Item #14.
31. Would sea level rise(SLR)assessment of lift stations for sewer be appropriate as long as it
impacts coastal areas?
Yes, sea level rise assessment of lift stations for sewer is appropriate if the lift station is on
publicly owned land and located within one of the 35 coastal counties that are eligible.
32. Are construction projects subject to federal Davis-Bacon/certified payroll conditions?
No,the federal Davis-Bacon payroll conditions only apply to prime contracts.
33. Will grant recipients need to comply with the federal Build America Buy America (BABA)Act?
Yes, if the grant is funded with federal infrastructure funds, all recipients will be required to
comply with the federal BABA Act.This will be included in your Special Terms and Conditions in
the grant agreement. The domestic content procurement preference requires that all iron,
steel, manufactured products, and construction materials used in covered infrastructure
projects are produced in the United States. Waivers may exist for some items. More information
can be found on the federal Made in America office website, https://www.madeinamerica.gov/.
34. Where can I find more information about OR
You can find more information about the CPI program at FloridaDEP.gov/CPI.You may also
contact Tiffany Herrin at 850-245-2953 or via email at Tiffany.Herrin@FloridaDEP.gov. General
questions about the FCMP program can be sent to FCMPMaiI@FloridaDEP.�ov.
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