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15-21RESOLUTION NO. 15 -21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF ECONOMIC OPPORTUNITY TO SERVE AS A PILOT COMMUNITY TO RECEIVE COMPLIMENTARY COMPREHENSIVE TECHNICAL ASSISTANCE IN THE CREATION OF A COASTAL VULNERABILITY ASSESSMENT AND ADAPTATION PLAN THAT FITS THE CITY'S NEEDS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Environmental Protection Agency has determined that climate change, in conjunction with changes in land use and demographics, will affect important dimensions in the United States, especially those related to human health, settlements and welfare; and WHEREAS, Florida is considered one of the most vulnerable areas in the country to the impacts of climate change, and as a coastal community with significant infrastructure and population located on its barrier islands, the City of Clearwater (the City) will be affected by those impacts, particularly rising sea levels; and WHEREAS, adapting to and mitigating sea level rise impacts will require that adaptation measures be incorporated into all levels of hazard mitigation and land use planning in Florida to protect the health, safety, and welfare of its citizens; and WHEREAS, in 2012, the Florida Department of Economic Opportunity (DEO), in partnership with NOAA, the Florida Department of Environmental Protection, the Florida Department of Emergency Management, and others initiated a five -year project to develop and provide guidance and technical assistance to Florida communities for integration of adaptation to potential sea level rise into current planning mechanisms including the local comprehensive plan, local hazard mitigation plan, post- disaster redevelopment plan, economic development plan, strategic plans, and capital improvement plans; and WHEREAS, DEO's Community Resiliency Initiative is an effort to provide technical assistance to local governments in adapting to current and future coastal hazards in existing planning frameworks; and WHEREAS, DEO selected the City, as one of three pilot communities to evaluate coastal vulnerability assessment and adaptation planning approaches and resources, and will provide complimentary technical assistance, through Dewberry Consultants, LLC (the Contractor); and Resolution No. 15 -21 WHEREAS, DEO has an agreement with the Contractor to further the overall Community Resiliency Initiative, and this involves two main tasks. Task 1 includes developing coastal hazard vulnerability analyses and scenarios for the City. Task 2 utilizes data gleaned from the vulnerability analyses and scenarios to complete a coastal hazard adaptation plan for the City. In addition to these major tasks, the Contractor will compile and create guidance tools, presentation materials, and case studies that detail data obtained from all three pilot program communities for the use of other Florida communities interested in completing their own sea level rise vulnerability assessment and adaptation plans; and WHEREAS, the agreement, attached as Exhibit "A," details the scope of responsibility between DEO, the Contractor, and the City as part of the Community Resiliency Initiative Program; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City accepts participation in the DEO's Community Resiliency Initiative Pilot Program and that the proper officials of the City are hereby authorized and directed to take such further action as they may deem necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the agreement, attached as Exhibit "A." Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 3rd day of September, 2015. — CC eOrttnefc\.%f Camilo Soto Assistant City Attorney 2 George N. Cretekos Mayor Attest: 1, Q L osemarie Cal City Clerk Resolution No. 15 -21 City of Clearwater Resolution No. 15 -21 Exhibit A DEO Agreement Number: F1129 AGREEMENT BETWEEN FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND CITY OF CLEARWATER, FLORIDA THIS AGREEMENT is made and entered into in Tallahassee, Leon County, State of Florida, between the Florida Department of Economic Opportunity ( "DEO "), having its principal office at 107 East Madison Street, Tallahassee, Florida 32399, and City of Clearwater, FL ( "Recipient "), having its principal office at 100 South Myrtle Avenue, Clearwater, Florida 33756. DEO and Recipient may hereinafter be referred to individually as a "Party" or collectively as the "Parties." WHEREAS, DEO's Community Resiliency Initiative is an effort to provide technical assistance to local governments in adapting to current and future coastal hazards in existing planning frameworks; and WHEREAS, pursuant to the work carried out by DEO in fulfillment of its commitments in Grant Agreements CM403 and CM501, and all subsequent contracts and amendments to such contracts between DEO and the Florida Department of Environmental Protection ( "DEP ") under a federal grant from the National Oceanic and Atmospheric Administration ( "NOAA ") to DEP, DEO will designate three (3) pilot communities to evaluate coastal vulnerability assessment and adaptation planning approaches and resources, and will provide services through a contractor to develop sea level rise vulnerability assessment and adaptation plans for the pilot communities; and WHEREAS, the Recipient is designated as one of the three (3) pilot communities; and WHEREAS, DEO has entered into Contract Number C1469 with Dewberry Consultants, LLC ( "Contractor") (a copy of which is attached here to and incorporated herein as Exhibit "A "), to develop coastal vulnerability assessments and adaptation plans for each pilot community; and WHEREAS, the Parties agree to work together in good faith to carry out the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby DEO will provide a contractor to provide consultant services to develop a coastal hazards vulnerability assessment and adaptation plan for Recipient. Recipient agrees to participate in and contribute to the completion of Recipient's coastal hazards vulnerability assessment and adaptation plan as a pilot community under DEO's Community Resiliency Initiative. II. AGREEMENT TERM AND RENEWALS This Agreement shall take effect on the date the last Party signs this Agreement and shall end on December 31, 2016, unless otherwise terminated, renewed, or extended in accordance with Section VIII of this Agreement. [A04 -01420 /170719/1] 1 City of Clearwater Resolution No. 15 -21 Exhibit A III. DEFINITIONS AND DESCRIPTIONS DEO Agreement Number: F1129 Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Agreement, have the meanings shown in this Section. Where terms are not defined in this Agreement, such terms shall have ordinarily accepted meanings such as the context implies. 1. Adaptation Plan. An adaptation plan identifies current and future coastal hazards, assesses the impacts of identified hazards, develops strategies and actions to best minimize these impacts, and establishes a process to implement those actions. An adaptation plan is comprised of four essential components (i.e., parts): defining the adaptation planning Context, completing a Vulnerability Assessment, developing Adaptation Strategies, and Implementation Strategies. Within each of these four main adaptation planning components are a number of supporting tasks that will be addressed during the adaptation planning process. 2. Adaptation Planning. The process of developing one or more parts of Recipient's local adaptation plan. 3. Adaptation Planning Workshop. One or more public workshops with Recipient to achieve agreed upon workshop objectives. 4. Adaptation Strategies. The toolkit of responses that Recipient can take to adapt to coastal hazards. During the adaptation planning process, Recipient will identify one or more focus area(s) or issue(s), identify a series of adaptation strategies, and prioritize the community's adaptation needs through the utilization of a Decision Making Framework. Adaptation strategies are often classified according to the categories of Protection, Accommodation, and Managed Retreat. 5. Agreement Manager. The office or position designated and charged with the administration and enforcement of this Agreement. Agreement Managers are listed in Section IX of this Agreement. 6. Coastal Hazard. Includes, but is not limited to: high tides, storm surge, and the related impacts of rising sea levels. 7. Community Participation. Involves engaging community stakeholders in the adaptation planning process. Opportunities for community participation include, but are not limited to: serving on a steering committee; proposing guiding principles and motivations for the adaptation planning process; choosing methodologies and tools Contractor will use to develop a draft coastal hazard vulnerability assessment; assisting in the selection or delineation of adaptation focus areas or issues; providing comments related to Recipient's draft coastal hazard vulnerability assessment; proposing adaptation strategies, or preferences for strategies which Recipient can take to adapt to the findings identified in Recipient's' final coastal hazard vulnerability assessment; proposing implementation strategies; and, providing comments related to Recipient's draft coastal hazards adaptation plan. 8. Community Stakeholder. Any institution, other entity, or individual that has a latent or expressed interest in Recipient accomplishing its mission and goals under this Agreement. 9. Confidential Information. Information which is protected from disclosure as a public record by law including information which is designated as "confidential" or "confidential and exempt" from disclosure as a public record under the Florida Statutes. 10. Context. Refers to the preparatory activities taken by Recipient at the beginning of the adaptation planning process. These preparatory activities include: assembling a steering committee; identifying opportunities for community participation; setting guiding principles and motivations; and, describing the adaptation planning context. This last activity, describing the planning context, offers an opportunity to analyze prior related planning efforts that may have [A04 -01420 /170719/1] 2 City of Clearwater DEO Agreement Number: F1129 Resolution No. 15 -21 Exhibit A occurred within or near the community, information gaps related to adaptation planning, the available human capacity (such as coastal scientists and land -use planners), and the outside resources needed to conduct the locally desired planning effort. Describing the planning context provides Recipient with a chance to assess the scope of work and the resources applicable to the adaptation planning process. 11. Coordination Meeting. A webinar meeting between Recipient (Agreement Manager, Steering Committee, and Community Stakeholders), DEO staff, and Contractor. The coordination meeting will serve to establish a working relationship between parties. 12. Decision Making Framework. An objective framework that incorporates qualitative and quantitative measures of Project benefits, feasibility, acceptance, and obstacles to systematically evaluate options. The development of a decision making framework will consider Recipient's risk portfolio as well as more qualitative dimensions of Recipient's capabilities, including legal, fiscal, administrative, political, and technical aspects. Potential obstacles for implementation will be included through qualitative (i.e., perceived acceptance) and quantitative (i.e., cost) metrics. The end product of the framework will be a spreadsheet -based tool used as a scoring matrix that will support rating and prioritization of potential adaptation measures. The framework and resulting tool will help facilitate objective scoring and transparency in the adaptation strategy evaluation process. 13. Design Meeting. An in- person public meeting designed to engage community stakeholders in order to capture input and tailor the vulnerability assessment approach used by Contractor to meet Recipient's needs. The meeting will have a participatory structure that will help generate buy -in through participation by stakeholders. 14. Exposure Analysis. An analysis utilizing geospatial hazard projection data to answer the question "where" based on two choices — when (i.e., what planning time horizon) and how much (i.e., which scenario). The "where" will depend on which computer model is used (e.g., Florida Department of Transportation Sketch Planning tool; Sea Level Affecting Marshes Model) to produce the projection. The analysis can depict which areas in the community is likely to be susceptible to the chosen scenario. In addition, the exposure analysis may incorporate the effect that one hazard will have on other coastal hazards, such as the relationship between sea level rise and habitat migration or storm surge. The results from Recipient's Exposure Analysis will be included in Recipient's Risk Portfolio. 15. Funding Options. Funding options based on: community budget entities that can absorb adaptation projects; grants available through governmental and non - governmental entities; and innovative financing techniques. 16. Impact Analysis. An impact (sensitivity) analysis that identifies the potential physical /economic impairment to different assets /entities located in areas that are at risk to a coastal hazard scenario projected during the Exposure Analysis. The results from Recipient's Impact Analysis will be included in Recipient's Risk Portfolio. 17. Project. Refers to a Recipient's adaptation planning process. 18. Project Work Plan. See "Work Plan." 19. Pilot Community. Refers to any of the three communities selected to take part in the evaluation and development of adaptation planning guidance materials. 20. Risk Portfolio. A summary of the baseline and future coastal hazard risk, presented in geospatial, tabular, and narrative summaries. The portfolio includes summaries of risk by sector, multiple - geographies, and sea level rise conditions. Summaries of impacts by section (e.g., commercial, residential, critical infrastructure) will allow each community to identify the local and risk to specific asset categories such as residential, commercial, transportation, and other critical infrastructure services. Geographic distribution of risk will be developed for multiple [A04 -01420 /170719/1] 3 City of Clearwater DEO Agreement Number: F1129 Resolution No. 15 -21 Exhibit A geographies — from gridded summary coverage, sub - watershed, and municipal levels. This information will be assembled in the form of an appendix, to be included in the adaptation plan for Recipient. 21. Stakeholder. See "Community Stakeholder." 22. Steering Committee. An advisory committee usually made up of high level stakeholders and /or experts who provide guidance on key issues. A steering committee typically includes diverse representation from community staff and community members. Effective Committee composition will ensure that technical accuracy and thoroughness of Recipient's adaptation planning process is achieved and whose participation and support will enhance the process's political acceptability. Depending on the size of the community and topics addressed during the planning process, the size of an effective steering committee generally ranges from five to twenty members. The Committee, its membership, and its responsibilities should be formalized through resolution or association to a previously adopted group. 23. Vulnerability Assessment. Measures the coastal hazard exposures Recipient is likely to experience, and sensitivities (e.g., populations and land uses) that may be exposed to the identified hazards. Assessment activities typically include: conducting an exposure analysis, conducting an impact analysis, and assessing Recipient's adaptive capacity based on the findings from the impact analysis. 24. Work Plan. The work plan will serve as a cumulative record of Recipient's planning process. Work plans will be developed as evolving documents during the term of Recipient's adaptation planning process. Contents of the work plan will serve as a foundation of Recipient's adaptation plan. Contents of the work plan are dependent upon Recipient's adaptation planning process, and are likely to include: major Project milestones; a timeline for accomplishing major Project milestones; interim task to be completed; actions taken by Contractor and Recipient; alternatives considered and chosen by Recipient; data, methods, and approaches used; findings; relevant figures and tables; and supplementary resources available to Community Stakeholders. IV. DEO RESPONSIBILITIES DEO shall: 1. Provide an Agreement Manager for this Agreement. 2. Provide the services of Contractor under Contract Number C1469 to Recipient to complete a coastal hazard risk and vulnerability assessment. 3. Perform all its obligations under Contract Number C1469, including holding Contractor accountable to perform under Contract Number C1469. 4. Provide Recipient's contact information to Contractor. V. RECIPIENT RESPONSIBILITIES Recipient shall: 1. Assign an Agreement Manager for this Agreement. 2. Form or assign a local Project Steering Committee. 3. Provide meeting space for small and large organizational and public meetings. [A04 -01420 /170719/1] 4 City of Clearwater DEO Agreement Number: F1129 Resolution No. 15 -21 Exhibit A 4. Direct Recipient's Agreement Manager and Steering Committee to actively participate in and contribute to Contractor's completion of Recipient's coastal hazard risk and vulnerability assessment as described in Exhibit A, which includes the following Tasks: a. Coordinate with Contractor to determine a date and time period to hold a coordination meeting. (1) Participate in a coordination phone call with Contractor to finalize details for the coordination meeting. (2) Review Contractor's draft coordination meeting agenda and discuss expected outcomes from the coordination meeting. (3) Identify community stakeholders and encourage them to participate in the coordination meeting, which participation should, at a minimum, include Project Steering Committee members. (4) Coordinate with Contractor to determine if any special equipment or supplies are needed to conduct an effective coordination meeting (e.g., projector, flip- charts, markers, notecards, telephone equipped with conference call feature). b. Prepare for coordination meeting. (1) Identify and reserve a meeting space for the coordination meeting. (2) Assemble and prepare necessary meeting equipment and supplies. (3) Provide notice and coordination meeting details to identified community stakeholders. c. Participate in a coordination meeting. (1) As host, facilitate the introduction of Contractor staff and community stakeholders. (2) Participate in a discussion of potential coastal hazard impact scenarios. (3) Participate in a discussion of roles and responsibilities of key participants during the Project term. (4) Identify opportunities and approaches for community participation during the Project term. (5) Coordinate in the development of guiding principles and motivations for Recipient's adaptation planning process. (6) Coordinate in the selection of date(s) and times for Recipient's design meeting. (7) Contribute in the development of a draft Project work plan to accomplish major Project milestones. d. Prepare for design meeting. (1) Identify and reserve a meeting space for the design meeting. (2) Coordinate with Contractor to determine and transfer available community data and resources. (3) Coordinate with Contractor to determine if any special equipment or supplies are needed to conduct an effective design meeting. (4) Assemble and prepare necessary meeting equipment and supplies. (5) Provide public notice and design meeting details to community stakeholders. (6) Conduct public outreach to encourage community stakeholders' participation in the design meeting. (7) Participate in a coordination phone call with Contractor to finalize design meeting details. e. Host a design meeting. (1) As the host, facilitate an introduction of Contractor's staff. [A04 -01420 /170719/1] 5 City of Clearwater Resolution No. 15 -21 Exhibit A DEO Agreement Number: F1129 (2) Participate in a discussion that focuses on how meeting participants are already being impacted by coastal hazards. (3) Participate in a discussion of Project expectations. (4) Participate in a review of the benefits and disadvantages of available methodology, tools and approaches available for use to complete Recipient's vulnerability assessment. (5) Choose methodologies, tools, inputs and planning horizons used to develop Recipient's coastal hazard vulnerability assessment. f. Prepare for a physical meeting to review the results of Recipient's draft vulnerability assessment. (1) Identify and reserve a meeting space for the meeting. (2) Assemble and prepare necessary meeting equipment or supplies. (3) Provide public notice and meeting details to community stakeholders. (4) Conduct public outreach to encourage community stakeholders' participation in the meeting. (5) Participate in a coordination phone call with Contractor to finalize meeting details. g. Participate in a physical meeting to review the results of Recipient's draft vulnerability assessment. (1) Participate in an interactive discussion on draft vulnerability assessment results. h. Organize and provide stakeholder comments to Contractor to allow finalization of Recipient's coastal hazard vulnerability assessment. (1) Coordinate with Contractor to identify final delivery date of stakeholder comments. (2) Organize all available community stakeholder comments. (3) Electronically transmit stakeholder comments on or before the agreed upon delivery date. i. Coordinate with Contractor to identify lessons learned throughout the vulnerability assessment development process. j. Receive final vulnerability assessment from Contractor. 5. Direct Recipient's Agreement Manager and Steering Committee to actively participate in and contribute to the completion of Recipient's coastal hazard risk adaptation plan. a. Coordinate with Contractor to determine a date and time period to hold an adaptation planning workshop. b. Prepare for adaptation planning workshop. (1) Participate in a coordination phone call with Contractor to finalize details for the adaptation planning workshop. (2) Coordinate with Contractor to determine if any special equipment or supplies are needed to conduct an effective workshop. (3) As requested, provide pertinent information to assist Contractor in meeting preparation. (4) Identify and reserve a meeting space for the workshop. (5) Provide public notice and workshop details to community stakeholders. (6) Conduct public outreach to encourage community stakeholders' participation in the workshop. [A04 -01420 /170719/1] 6 City of Clearwater DEO Agreement Number: F1129 Resolution No. 15 -21 Exhibit A C. Participate in adaptation planning workshop. (1) Determine whether a stand -alone adaptation planning process should be used, or one that leverages existing or on -going processes, such as a local comprehensive plan update process. (2) Select or delineate adaptation focus areas or issues. (3) Provide feedback on the customized decision - making framework developed by Contractor, to allow for incorporation of criteria, scoring, and /or weighting factors. (4) Participate in a discussion of adaptation strategies for key focus areas based on existing and planned land uses. (5) Provide input to Contractor to allow for prioritization and selection of adaptation strategies, approaches, and tools to address key focus areas and issues identified by community stakeholders. (6) Contribute in the creation of an inventory of adaptation implementation activities and actors (e.g., local government staff position) responsible for each adaptation action. (7) Review and identify available options and timelines for integration of adaptation strategy alternatives into existing plans and regulations. (8) Review and identify available funding options and mechanisms to support the implementation of all preferred adaptation strategies. (9) Participate in a discussion on the development of strategies for monitoring and evaluating Recipient's implementation strategy. d. Participate in a post - workshop organizational call with Contractor. (1) Review updates to Recipient's Project work plan. (2) Provide required additional information or address unresolved task necessary to complete Recipient's draft adaptation plan. e. Organize and provide stakeholder comments to Contractor to allow finalization of Recipient's coastal hazard adaptation plan. (1) Coordinate with Contractor to identify final delivery date of stakeholder comments. (2) Organize all available community stakeholder comments. (3) Electronically transmit stakeholder comments on or before the agreed upon delivery date. f. Coordinate with Contractor to identify lessons learned throughout the adaptation plan development process. g. Receive final adaptation plan from Contractor. 6. Complete all tasks listed in this Section V of this Agreement in accordance with the agreed upon timeline established by Recipient's completion of the Task listed in Section V.4.C(7) (draft Project work plan) and the approximate time periods for completion of Recipient's responsibilities established in Exhibit B. In the event that Recipient is unable to respond to Contractor on a particular item per the schedule's requirement, it is expected that Contractor will move the Project along as necessary at the direction of DEO staff and the original scope. VI. TERMS, AMENDMENTS AND CHANGES This Agreement represents the entire agreement among the Parties and, upon this Agreement's effective date, replaces all prior negotiations, interpretations and understandings between the Parties [A04 -01420 /170719/1] 7 City of Clearwater DEO Agreement Number: F1129 Resolution No. 15 -21 Exhibit A related to the subject of this Agreement. With the exception of contact information specified in Section IX, AgreementManagers, any changes, alterations, deletions, or additions to the terms set forth in this Agreement must be by written amendment executed by all Parties. [A04 -01420 /170719/1] 8 City of Clearwater Resolution No. 15 -21 Exhibit A VII. COSTS There are no costs associated with this Agreement. VIII. TERMINATIONS, RENEWALS, AND EXTENSIONS DEO Agreement Number: F1129 A. This Agreement shall terminate automatically if DEP does not continue to contract with DEO for services provided under the Federal Grant with NOAA. DEO will provide written notice to Recipient of the termination on this basis upon receiving written notification from DEP. B. This Agreement may be terminated mutually by a written agreement signed by the Parties, or unilaterally by any Party, for any reason, provided the terminating Party serves the other Party with a written notice of an intention to terminate the Agreement at least sixty (60) days prior to the intended termination date. C. If changes in governing state or federal laws or regulations render performance by any Party or any provision of this Agreement illegal, impracticable, or impossible, said Party's obligations for performance, or said provision of this Agreement, shall immediately terminate. D. This Agreement may be extended pursuant to section 287.057(12), F.S., for a period not to exceed six (6) months. Any extension shall be in writing, shall be signed by all Parties, and shall be subject to the same terms and conditions set forth in the initial Agreement. Only one extension is authorized unless the failure to meet the criteria set forth in this Agreement is due to events beyond the control of the Parties. E. This Agreement may be renewed in accordance sections 287.057(13) and 287.058(1)(g), F.S., and is contingent upon satisfactory performance evaluations by DEO and is subject to the availability of funds. Renewal of this Agreement shall be in writing, shall be signed by all Parties, and shall be subject to the terms and conditions set forth in the existing Agreement. Renewal shall be limited to an additional term not to exceed three (3) years. F. This Agreement may be terminated by DEO if Contract Number C1469 between Contractor and DEO is terminated for any reason. G. Recipient understands that Recipient is not, and shall not be construed as, a third -party beneficiary to Contract Number C1469 between Contractor and DEO. IX. AGREEMENT MANAGERS A. DEO designates Sean Reiss as its Agreement Manager for all issues relating to this Agreement, whose title is Regional Planning Administrator, and who can be contacted by telephone at (850) 717 -8511 or by e-mail at Sean.Reiss @deo.myflorida.com, and whose address is Department of Economic Opportunity, Bureau of Community Planning, 107 East Madison Street, Caldwell Building, MSC 160, Tallahassee, Florida 32399 -4135. B. Recipient designates Michael Delk as its Agreement Manager for all issues relating to this Agreement, whose title is Planning and Development Director, and who can be contacted by [A04 -01420 /170719/1] 9 City of Clearwater Resolution No. 15 -21 Exhibit A DEO Agreement Number: F1129 telephone at 727 - 562 -4561, by e-mail at Michael.Delk @myclearwater.com, and whose address is 100 South Myrtle Avenue, Clearwater, Florida 33756. C. In the event that any Party designates a different Agreement Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone number, and email address of the newest Agreement Manager to all other Parties. A designation of a new Agreement Manager shall not require a formal amendment to the Agreement. X. PUBLIC RECORDS The Parties acknowledge their public records responsibilities under chapter 119, F.S. In the event a Party provides information to the other Party that is confidential and exempt from the requirements of chapter 119, F.S, the Party providing that information shall clearly identify the protected information and cite the legal authority supporting the claim of confidentiality. Xl. PUBLIC ANNOUNCEMENTS AND ADVERTISING Unless done in performance of the Tasks listed herein, no public disclosure or news release pertaining to this Agreement shall be made without the prior written approval of DEO. Recipient is prohibited from using information about this Agreement in brochures or other promotions, including press releases, unless prior written approval is obtained from DEO. XII. LIABILITY AND INDEMNIFICATION Each Party is responsible only for its own intentional acts, negligence, or omissions, or those of its employees, agents, officers, heirs, and assignees, including inappropriate release or use of the confidential information exchanged under this Agreement. Nothing in this section shall be construed as an indemnification or a waiver of sovereign immunity enjoyed by any Party to this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES APPEAR ON FOLLOWING PAGE [A04 -01420 /170719/1] 10 City of Clearwater DEO Agreement Number: F1129 Resolution No. 15 -21 Exhibit A IN WITNESS HEREOF, the Parties agree to the terms and conditions set forth in this Agreement, and upon placing their signatures below, have hereby caused this Agreement to be executed. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY lei Signature Printed Name: Wi iam B. Killin:sworth Title: Director, Di ision of Community Development Date: FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY Office of General Counsel Approved as to form and legal sufficiency, subject only to full and proper execut '. n by the Parties By: /// Signature Printed Name: i�l✓lilti Title: Assistant Ge ral Counsel Date: 1//51/40i [A04 -01420 /170719/11 11 CITY OF CLEARWATER, FLORIDA By: 'C(PartUVr(44) George N. Cretekos, Mayor By I.�t i.W,G[Uaa to(e 04G7i'� -Fob: Wi am B. Home 11, City Manager Approv B: Cami Attest: ssistant City Atty. B : Rosemarie Call, City Date: `7'Li'i5 City of Clearwater Resolution No. 15 -21 Exhibit A Dewberry contract - Pilot Communities.p [A04 -01420 /170719/1] 12 DEO Agreement Number: F1129 EXHIBIT A City of Clearwater Resolution No. 15 -21 Exhibit A DEO Agreement Number: F1129 EXHIBIT B APPROXIMATE TIME PERIODS FOR COMPLETION OF RECIPIENT' RESPONSIBILITIES In order to increase the likelihood of Project success, the following approximate time periods for the completion of Recipients' responsibilities have been established. The major Recipient Responsibilities, or tasks, as provided for in Section V of this Agreement, have been listed on the left side of the table below. The "task #" corresponds to responsibilities listed in Section V. Across the top of the table, the year columns are not meant to demarcate exact months; rather, they align generally with project start and completion times. Shaded boxes indicate general time of task execution, and alternating shading (red to blue) is utilized to increase legibility. Recipient Responsibility Note: columns do not cor 2015 2016 pond to specific 0 ;hs in either year. Task Task 1 - Assessment Vulnerability 4 (a) Coordinate with Contractor 4 (b) Prepare for Coordination Meeting 4 (c) Coordination Meeting 4 (d) Prepare for Design Meeting 4 (e) Participate in Design Meeting 4 (f) Prepare for Assessment Review Meeting 4 (g) Participate in Review Meeting 4 (h) 30 Day Recipient Comment Review and 4 (i) Provide lessons Contractor learned to [A04 -01420 /170719/1] 13