Loading...
HomeMy WebLinkAboutAgenda 06.06.2023LUIl EROSION DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, June 6, 2023 6:01 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chair CHRIS DZADOVSKY District No. 5, Vice -Chair CATHY TOWNSEND District No. 2 LARRY LEET District No. 3 LI N DA BARTZ District No. 4 JAMIE FOWLER Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life *Final Agenda Generated on 5/31 Page 1 of 74 Regular Meeting Tuesday, June 6, 2023 6:01 PM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE —To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. z1P,: Page 2 of 74 Regular Meeting Tuesday, June 6, 2023 6:01 PM 1. CALL TO ORDER 2. GENERAL PUBLIC COMMENT 3. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the Erosion District Meeting of May 16, 2023. 4. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 32 - 34 S. REGULAR AGENDA A. PORT, INLET & BEACHES 1. FDEP Grant Agreement 23SL1 - Hurricanes Ian and Nicole Recovery Project Staff recommends Board approval of the Florida Department of Environmental Protection (FDEP) Project Agreement 23SL1, along with a supporting budget resolution (to be prepared separately by OMB), and authorization for the Chair to sign documents as approved by the County Attorney. 6. MOTION TO ADJOURN 3 1 P, : Page 3 of 74 3ro LUCK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Erosion District Meeting May 16, 2023 1. CALL TO ORDER Convened: 9:03 AM Adjourned: 9:04 AM The meeting was called to order at 9:03 AM by Chair Chris Dzadovsky, District No. 1. Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Benjamin Balcer, Planning & Development Services Director Patrick Dayan, Public Works Director Barbara Guettler, Public Works MSBU Coordinator JoAnn Riley, Property Acquisition Manager Rebecca Olson, Interim Director of Public Utilities Angela Riggins, Deputy Clerk Recording Secretary 2. GENERAL PUBLIC COMMENT Chair Dzadovsky opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Dzadovsky closed public comment. 3. APPROVAL OF MINUTES A motion was mace to approve aii minute sets, anc it passea unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the Erosion District Meeting of April 18, 2023. Page 4 of 74 Erosion District Meeting Tuesday, May 16, 2023 9:01 AM 4. CONSENT AGENDA A motion was mane to aaopt the consent agencia, ana it passea unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 28 - 30 Adopted by Consent Vote B. PORT, INLET & BEACHES 1. Work Authorization No. 08 — Olsen Engineering Inc. — Fort Pierce Inlet Sand Trap (Phase 1) Vibracore Collection and Analysis Staff recommended Board approval of Work Authorization No. 08 with Olsen Engineering ($62,124.00) and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Fort Pierce Beach Section 203/403 Conditional Authorization Resolution — Cost Share Agreement - U.S. Army Corps of Engineers Feasibility -Level Analysis Staff recommended Board approval of the U.S. Army Corps of Engineers Feasibility -Level Analysis — Cost Share Agreement, including the associated wire -transfer of non-federal funding ($350,000.00), and authorization for the Erosion District Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 5. REGULAR AGENDA There were no items scheduled. 6. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 9:04 AM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. 2 1 gm Page 5 of 74 05/12/23 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #32- 06-MAY-2023 TO 12-MAY-2023 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 4,406.00 GRAND TOTAL: 4,406.00 PAGE 1 PAYROLL 2,692.40 2,692.40 108 Page 6 of 74 05/19/23 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #33- 13-MAY-2023 TO 19-MAY-2023 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,080.24 GRAND TOTAL: 2,080.24 PAGE 1 PAYROLL 0.00 0.00 111 Page 7 of 74 05/26/23 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #34- 20-MAY-2023 TO 26-MAY-2023 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 0.00 GRAND TOTAL: 0.00 PAGE 1 PAYROLL 2,842.40 2,842.40 133 Page 8 of 74 5.A.1. TO PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Joshua Revord, Port, Inlet & Beaches Director Port, Inlet & Beaches 2023-60088 REGULAR AGENDA - PORT, INLET & BEACHES DATE: 6/6/2023 *ACTION ITEM - CONTRACT QUASI-JUDICIAL ITEM? No FDEP Grant Agreement 23SL1 - Hurricanes Ian and Nicole Recovery Project The Florida Legislature appropriated $100,000,000 during the 2022 Special Session to provide financial assistance to local governments impacted by the passing of Hurricanes Ian and Nicole. These funds were identified for beach recovery, and the distribution of those funds was to be based on the state's Hurricanes Ian and Nicole Recovery Plan for Florida's Beach and Dune System (the "Plan" — December 2020). Concerned with some assumptions made in the Plan, County staff submitted multiple letters to the Florida Department of Environmental Protection (FDEP) in hopes of facilitating a more thorough discussion regarding rehabilitation options for the County's two (2) federal beach projects. This discussion ultimately provided reasonable justification for a limited distribution ($250,000) of state beach recovery funding. Additional state funding for beach rehabilitation is currently being contemplated in the state's FY-23/24 budget, including the balance of funding previously requested (February 22, 2023) to perform an interim dune rehabilitation effort within the St. Lucie County, Florida Coastal Storm Risk Management (CSRM) project area (estimated at $2.0 million). The U.S. Army Corps of Engineers (USACE) has yet to confirm (in writing) that the St. Lucie County, Florida CSRM project qualifies for 100% federal beach rehabilitation. The timing of any future federal beach rehabilitation effort is currently unknown. FDEP Grant 23SL1 may be used to address any erosional concerns within FDEP Range Monuments R34-R41 (Fort Pierce Beach) and/or R98-R116 (St. Lucie County, Florida CSRM — a.k.a. South County Beach). PREVIOUS ACTION: • January 5, 2023 — Staff submits letter to FDEP concerning the Hurricanes Ian and Nicole Recovery Plan (December 2022). The letter identified specific concerns with the Plan and how they pertain to the rehabilitation of storm damage documented on St. Lucie County's federalized beaches. Page 9 of 74 February 22, 2023 — Staff submits a follow-up letter to FDEP, to further emphasize our concerns with the Hurricanes Ian and Nicole Recovery Plan. The letter provided justification for state recovery funding, to perform an interim dune nourishment event at South County Beaches while a full beach recovery effort is considered by the USACE. FINANCIAL IMPACT: FDEP Project Agreement 23SL1 includes 100% funding from the State (up to $250,000.00) for Post Hurricanes Ian and Nicole recovery efforts. This grant does not require a County match. RECOMMENDATION: Staff recommends Board approval of the Florida Department of Environmental Protection (FDEP) Project Agreement 23SL1, along with a supporting budget resolution (to be prepared separately by OMB), and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Joshua Revord, Port, Inlet & Beaches Director Jennifer Hill, Office of Management & Budget Director � Uri Daniel McIntyre, County Attorney George Landry, County Administrator Date: May 22, 2023 Date: May 23, 2023 Date: May 24, 2023 Date: May 30, 2023 Page 10 of 74 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: St. Lucie County 2022 Hurricane Ian and Nicole Recovery Project 23SLI 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: St. Lucie County Erosion District Entity Type: Local Government Grantee Address: 3071 Oleander Avenue, Fort Pierce, FL 34982 FEID: 59-6000835 (Grantee) 3. Agreement Begin Date: Date of Expiration: 9/28/2022 4 2/31 /2025 4. Project Number: Project Location(s): St. Lucie County (If different front AgreementNumber) Project Description: The project consists of construction. 5. Total Amount of Funding: $ 250,000.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): 0 State ❑Federal Laws of Florida Chapter 2022-272 SB4-A $ 250,000.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $ 250,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Tony Figueroa-Vivenez Name: Joshua Revord or successor Address: Beach Management Funding Assistance 2600 Blair Stone Road, MS 93601 Address: St. Lucie County Erosion District 3071 Oleander Avenue Tallahassee, Florida 32399 Phone: 850-245-7693 Phone Email: Tony.Fi2ueroaVivenez(&FloridaDEP.Rov Email Fort Pierce, FL 34982 772-462-1269 revordj o(a,stlucieco.org or successor 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incornorated by reference: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at httC�s://facts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): ❑x Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 DEP Agreement No. 23SL1 Rev. 10/25/22 Page 11 of 74 ❑ Additional Exhibits (if necessary): 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. St. Lucie County Erosion District Grantee Name (Authorized Signature) Print Name and Title of Person Signing GRANTEE Date Signed State of Florida Department of Environmental Protection DEPARTMENT Secretary or Designee Print Name and Title of Person Signing 0 Additional signatures attached on separate page. DEP Agreement No. 23SL1 Date Signed Rev. 10/25/22 Page 12 of 74 ORCP Additional Signatures DEP Grant Manager DEP QC Reviewer Local Sponsor may add additional signatures if needed below. Page 13 of 74 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. if the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 10/3/2022 Page 14 of 74 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 Tenns 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 with 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 OAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev. 10/3/2022 Page 15 of 74 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: uhtp ://www.myflo� idacf-ao.cor7r/U:� vns on/AA/iVianiaa0s/documents/RefcrenceGuu defo rStateEmenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. 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. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. 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. i. 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: www.nnvfloridacfo.coiu/Division/AA/Vendors/defauIt.htn�i. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any finds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3 of 12 Rev. 10/3/2022 Page 16 of 74 a. Salar/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 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4of12 Rev. 10/3/2022 Page 17 of 74 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d_ Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. Attachment 1 5of12 Rev. 10/3/2022 Page 18 of 74 b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6of12 Rev. 10/3/2022 Page 19 of 74 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. if the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev. 10/3/2022 Page 20 of 74 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287. 133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 10/3/2022 Page 21 of 74 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA). 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. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 27. Record Keeping. Attachment 1 9of12 Rev. 10/3/2022 Page 22 of 74 The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: 6tht ://dos.m florida.com/librar -archives/records•-mrtnrt semen�t/ xeneral•-rec;ords-sched�.�le:�/). 28. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: hQtps:\\apes. fI(Irs-com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these fiends 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 terns of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of Attachment I 10 of 12 Rev. 10/3/2022 Page 23 of 74 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. 29. 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. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. Attachment 1 11 of 12 Rev. 10/3/2022 Page 24 of 74 If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 36. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. 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 12 of 12 Rev. 10/3/2022 Page 25 of 74 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.23SLI ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terns outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terns shall apply. 1. Scope of Work. The Project funded under this Agreement is St. Lucie County 2022 Hurricane Ian and Nicole Recovery Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements See Attachment 3, Grant Work Plan. 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 Attachment 2 1 of 2 Rev. 10/11/2022 Page 26 of 74 Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Comprehensive General Liability Insurance. The Grantee shall provide adequate comprehensive general liability insurance coverage and hold such liability insurance at all tines during the Agreement. The minimum limits shall be $200,000 for each person and $300,000 per occurrence. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation. The Grantee shall comply with the workers' compensation requirements of Chapter 440, F.S. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% 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 Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non -governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — finn/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 908.11 l (1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. None.. Attachment 2 2 of 2 Rev. 10/11/2022 Page 27 of 74 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: St. Lucie County 2022 Hurricane Ian and Nicole Recovery Project PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R34 and R41, as well as R98 and R116 along the Atlantic Ocean in St. Lucie County, Florida. PROJECT BACKGROUND: The project shoreline sustained beach and dune erosion from Hurricane Ian (category 4 storm in late September 2022) and Hurricane Nicole (category 1 storm in November 2022). Laws of Florida Chapter 2022-272 S134-A authorized the Department of Environmental Protection to waive or reduce match requirements for certain local governments and provided non -recurring funds for damages related to Hurricane Ian and Hurricane Nicole for beach erosion projects as identified in Section 161. ] 0] (22), Florida Statute (F.S.). PROJECT DESCRIPTION: The project consists of beach and dune restoration consistent with the recovery plan to address impacts of Hurricane Ian and Nicole. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $250,000 for this Project or up to 100 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 6213-36, Florida Administrative Code (F.A.C.). Duplication of federal funds are not permitted under this agreement. The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 6213-36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: hdf DEP Agreement No. 23SL1, Attachment 3, Page 1 of 3 Page 28 of 74 One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Acronyms: DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. — Florida Statutes TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost DEP Agreement No. 23SL1, Attachment 3, Page 2 of 3 Page 29 of 74 State Federal Task # Eligible Project Tasks Cost Share Estimated Project DEP Local Total (%) Costs 1 Construction 100.00% $0.00 $250,000.00 $0.00 $250,000.00 TOTAL PROJECT COSTS $0.00 $250,000.00 $0.00 $250,000.00 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task Budget Task Start Deliverable No. Task Title Budget Category Amount Date Due Date 1 Construction Contractual Services $250,000 09/28/2022 6/30/2025 Total: $250,000 DEP Agreement No. 23SL1, Attachment 3, Page 3 of 3 Page 30 of 74 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(I)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119,10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email:ib��� Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 Page 31 of 74 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", 7DEP" 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 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 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. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet athap ,aov/eont�rit/assi, apc c.-l..�t Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 Page 32 of 74 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this forin lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hj1.. sp //at�ps.RdEs.com/�Esaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http//ww.w.leg.state.fl.us/Wcicoine/itidex,cfni, State of Florida's website at h1,1p://www.rmyfliorida.coru/, Department of Financial Services' Website at llap://www.fldE,,.com/and the Auditor General's Website at htta://www.rny&l()tida.corrilau(i&,eti/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event., the State awarding agency must arrange for finding the, full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 11/8/2022 Page 33 of 74 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.ccnsus ,ovv/facweb/ Copies of financial reporting packages required by PART 11 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: �^'D �)F�Jfp`� n�gleAudit�z),ilep.raate.ffl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (htth:/Lflaudbtor.ov/) provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: 'D.���nmgleAudit(r)dep.shaae.fl.ras 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 6 BGS-DEP 55-215 revised 11/8/2022 Page 34 of 74 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS-DEP 55-215 revised 11/8/2022 Page 35 of 74 1-4 O O Y � O Y 0 sm. cn O O 69 O tc 69 O O w w c 5 O U U O � � C Ly' Q Q O U U 0 U u su. d 0 Uz L)z ^^ I� •^y GNU W qj � U U O ^O s-4 w w � v 0 u u w n O O O � Y O � Y w o y o � o o y o v ti ti � ti i-1 y NI }Ui J SUi U w o � o Page 36 of 74 0 0 d d Sr a, 0 0 s. ;i6o C C O wV U U U w O •.fir C". O U..yy d U U s, a. �V � d d w w d U S.i U y O y O G Q s Q Q 0 0 un o Oc UA o d d � w N O U CA w w S U U Yr .i. N •i". 3 V5 O a V o w w 3 w O cC O 5. d y � M N y Y N Y w U ° •� U w � y U V1 cr ........... f.h Cd � � U N O O Ln G rq J o bO 4 Zt M 6' O Y �6; fY : r`� u CE o � cn Q V �• � U C"i U w U CJ pp c� U O bQ U bA y ' ra, u ,b.0 fi O Sa O Z:t V W b4 + O � C3 ° VJ Y U \�' C� ✓ Vi U s� O � ct4.1 w U n U U U Page 37 of 74 1ok,1111:3YII:1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III QUARTERLY PROJECT PROGRESS REPORT Name of Project: St. Lucie County 2022 Hurricane lan and Nicole Recovery Project Local Sponsor: St. Lucie County Erosion District DEP Agreement Number: 23SLi Report Year: Report Period (select one): Q 1: Jan — Mar 31 ❑ Q2: Apr — Jun 30 ❑ Q3: Jul — Sep 30 ❑ Q4: Oct — Dec 31 For each task, include the following information: Describe the work performed during the reporting period (including percent of task completed to date), problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. (Use additional pages, if needed). Task l: Task 2: Task 3: Task 4: DEP Agreement No. 23 SL 1, Exhibit A, Page 1 of 1 Page 38 of 74 EXHIBIT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART I — PAYMENT SUMMARY Name of Project: St. Lucie County 2022 Hurricane Ian and Nicole Recovery Project Local Sponsor: St. Lucie County Erosion District DEP Agreement Number: 23SL1 Remittance Mailing Address: Billing Number_ Billing Type: ❑ Interim Billing Costs Incurred This Payment Request'. Federal Share* State Share *if applicable Cost Summary: State Funds Obligated Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment Less This Retainage State Funds Remaining ❑ Final Billing Local Share N Total e Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining Q DEP Agreement No. 23 SLI, Exhibit C, Page I of 5 Page 39 of 74 a I O O � a a buy "Ell O ra V� v y i CC :3 O O O u u cl 66 1 z�COD w W d w�LZ ° H a w o � � W � d� i oz.. � U y � w u a �z d C A �a > a rz i d 0 r r `e �z N a•. w y U U w o � � Y Z......, x y cn° � O> ' r, U bq L ct Ln ya u i Q o f .a o — un o �l o cnW T ° a M b bh M N v w ar 4 a LZ a�o�Q v vA�o�y° to R�� o o Rw bna 'o o r Y W w * Page 40 of 74 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART III — INVOICE REPORT Name of Project: St. Lucie County 2022 Hurricane Ian and Nicole Recovery Project Local Sponsor: St. Lucie County Erosion District DEP Agreement Number: 23SL1 Billing Number: Invoice Report Period: (Describe progress accomplished during the invoice report period, including statement(s) regarding percent of task completed to date.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this invoice billing period: Identify any delays or problems encountered: DEP Agreement No. 23 SLI, Exhibit C, Page 3 of 5 Page 41 of 74 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART IV — CERITIFICATION OF DISBURSEMENT REQUEST Name of Project: St. Lucie County 2022 Hurricane Ian and Nicole Recovery Project Local Sponsor: St. Lucie County Erosion District DEP Agreement Number: 23SL1 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Attachment 3, Grant Work Plan. I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 23 SL1, Exhibit C, Page 4 of 5 Page 42 of 74 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART V — COMPLETION CERTIFICATION Name of Project: St. Lucie County 2022 Hurricane Ian and Nicole Recovery Project Local Sponsor: St. Lucie County Erosion District DEP Agreement Number: 23SL1 Task Completion ❑ (List Tasks) Agreement Completion ❑ *I hereby certify that the above mentioned project task(s) has been completed in accordance with the Project Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the final federal accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 23 SLI, Exhibit C, Page 5 of 5 Page 43 of 74 Board of County February 22, 2023 Commissioners Via Electronic Mail Chris Dzadovsky Lainie Edwards, Deputy Director ulluli Illhttt °'t" Florida Department of Environmental Protection (FDEP) Office of Resilience and Coastal Protection 2600 Blair Stone Road, MS #3601 Tallahassee, FL 32399 Larry Leet IID1II ]["I?,.1I[("T Subject: FDEP's Hurricanes Ian and Nicole Recovery Plan — St. Lucie County St. Lucie County, Florida Coastal Storm Risk Management (CSRM) Linda Bartz Emergency Beach Funding/2023 Florida Legislative Session llll llll,1;llII VIItVIIC`1' J ' Ch�afir° Dear Lainie,Vice This letter incudes updates from St. Lucie County's Erosion District in response to the Department's recent email inquiry (email, February 8, 2023) for the County to assist in Jamie Fowler refining the preliminary Hurricanes Ian and Nicole Recovery Plan for Florida's Beach and Dune System, dated December 2022. As was noted in our previous letter regarding this Plan on January 5, 2023 (attached), County staff is still concerned about some assumptions made in the draft Plan (specifically regarding Flood Control and Coastal Emergency (FCCE) funding and federal beach projects). It should also be noted that the timing of any federal rehabilitation effort associated with recent storm damages is currently Cathy Townsend unknown, and the 2023 sea turtle nesting window is upon us. Given that eligibility and the D II[ S,IllhtUC` 11 potential timeline for any federal rehabilitation effort are speculative (at best), we hope to Clhah- provide the Department with more accurate information regarding the estimated cost to rehabilitate the St. Lucie County, Florida CSRM project. Our hope is that (at minimum) the Department will consider refining the Recovery Plan to include the estimated cost for dune restoration of the recently completed CSRM project. To date, the Department has Administration identified $250,000 towards St. Lucie's future beach recovery efforts, approved by the Florida Legislature during the 2022 Special Session. The total estimated cost for dune restoration within the CSRM project area has been estimated at +/- $2.0 million. Dan McIntyre Approximately 50% of the dune that was placed during last year's initial federal CSRM t "OU '],. AlI"1l1FORl lllK / beach project was impacted by the recent storm events. Although the existing beach I'VII]HAUM C,0tl1 lllFY conditions still provide some level of storm protection, and no adjacent infrastructure is in ttullt IIII. �I'tt nl'llll imminent danger, the beach design has been compromised. The prospect of not receiving a positive Project Information Report (PIR) from the USACE is still a possibility. Similarly, receiving a positive PIR and then having the USACE schedule FCCE rehabilitation years from now (say spring 2025 or 2026) may result in having to weather subsequent hurricane seasons without a uniform dune feature. It is prudent for the County to pursue alternate strategies and not rely exclusively on the USACE for the timely rehabilitation of the entire project. mfo!llllw Illlteyoiird/Sr'. Cloasial IIlfoostrii�ct '111-307� 01,a derAvc.11-ortherce,bL34982 (72)462 ll269 wlliiio revoix, G�(C6stl ;G�d6;6 .).or (772) 462 1435 ��wrw w vtdawieco.goV Page 44 of 74 Given the circumstances of our specific situation, a detailed cost estimate is attached to this letter that details the probable cost to implement a dune rehabilitation effort along the CSRM project area. The cost for the full restoration of this federal beach project back to the 2022 construction template is estimated at +/- $8.0 million. It is our hope that the Department will consider these costs when updating the Recovery Plan and during future discussions with the Florida Legislature. St. Lucie County is grateful for the opportunity to provide additional input regarding the refinement of the State's Hurricanes Ian and Nicole Recovery Plan. Please know we are available to offer further information or clarification to ensure Florida's beaches are properly restored as soon as possible. Should you need to contact me, I'm available at (772) 462-1269. Sincerely, Joshua Revord, P.E. Senior Coastal Engineer j r/cc Attachments: St. Lucie County, Florida CSRM Dune Restoration (Opinion of Probable Cost, G.E.C., Inc.) St. Lucie County Erosion District Letter - Dated January 5, 2023 cc: Greg Garis, FDEP Beaches, Inlets and Ports Program Chris Dzadovsky, St. Lucie County Erosion District Chair George Landry, St. Lucie County Deputy Administrator Mayte Santamaria, St. Lucie County Deputy Administrator Nicole Fogarty, St. Lucie County Government Relations Director Courtney Calderone, St. Lucie County Government Relations Manager Patrick Dayan, St. Lucie County Public Works Director Tern Fontaine, G.E.C./Coastal Tech (County Engineering Consultant) Page 45 of�4 3625 20TH Street Vero Beach, Florida 32960 (772)562-8580 Fax (772) 562-8432 Johnny Bradberry, President February 21, 2023 Joshua Revord, P.E., Senior Coastal Engineer St. Lucie County 3153071 Oleander Ave Ft. Pierce, FL 34982 Re: St. Lucie County, Florida Coastal Storm Risk Management Project Post -Hurricane Ian and Nicole Dune Restoration This letter is to provide an Opinion of Probable Construction Cost (OPC) for restoration of the dune within the referenced Project area following significant erosion driven by Hurricanes Ian and Nicole. The USACE may restore the Project beach berm between November 2024 and March 2025. Probable total Project costs for dune restoration are estimated at about $2M — per the table below. Dune Restoration - Opinion of Probable Construction Cost Item Task Unit Cost Quantity Total Cost 1 Provide Sand $17 per Ton 40,625 Tons $675,188 2 Transport and Deliver Sand $13 per Ton 40,625 Tons $525,688 3 Mobilization/Demobilization $9,000 Lump Sum 1 Lump Sum $9,000 4 Place and Grade Sand $6 per Ton 40,625 Tons $223,438 5 Site Restoration Normandy $15,000 Lump Sum 1 Lump Sum $15,000 6 ISite Restoration Dollman $15,000 Lump Sum 1 Lump Sum $15,000 7 1 Dune Planting - Sea Oats $2 per Plant 44,444 Plants $88,888 Sub -Total: $1,552,201 Contingency (20%): $310,440 Engineering (5%): Design, Permitting, Construction Phase, & Immediate Post -Construction Monitoring $94,000 Total: $1,956,641 Note that: • The proposed dune restoration Project — via truck haul - is expected: 0 only within the northern portion of the Project Area - between FDEP Reference Monuments R-98 and R-108; o to be permitted via the FDEP - perhaps via the EFO; o to require placement of about 25,000 cubic yards (40,625 tons) of sand fill — over 20 days of construction - to restore the dune as restored in Spring 2022. • St. Lucie County solicited bids (Bid #22-057) for Emergency Dune Restoration and Miscellaneous Beach Services; Eastman Aggregate submitted the low bid upon which we've based our opinion of probable construction cost. If you have any questions, please contact me or Michael Walther. Charles T. Fontaine III, P.E. Vice President ii ii s Coastal - Engineering - Economics - Energy - Environmental - GIS - Planning - Transportation Page 46 of 74 Board of County January 5, 2023 Commissioners Via Electronic Mail Chris Dzadovsky Lainie Edwards, Deputy Director Il tS'IU't 1Ut:°IF I Florida Department of Environmental Protection (FDEP) Office of Resilience and Coastal Protection 2600 Blair Stone Road, MS #3601 Tallahassee, FL 32399 Larry Leet 1tS°t't.tlt:;T Subject: FDEP's Hurricanes Ian and Nicole Recovery Plan Preliminary Hurricane Ian and Nicole Beach Conditions Linda Bartz St. Lucie County Erosion District Comments/Concerns D IS I'R 11(11' 3 State Emergency Beach Funding Vice ...Cha iur Dear Lainie, It is my understanding the State of Florida has identified supplemental funding to assist in Jamie Fowler beach restoration (post -Hurricanes Ian and Nicole). It is also my understanding that the I IS l tttt'°II[" 4 Florida Department of Environmental Protection (FDEP) is currently drafting guidance for the future distribution of these funds through an emergency rulemaking process. Please consider St. Lucie County's comments below regarding the above -mentioned documents and the emergency rulemaking process. Cathy Townsend FDEP's Hurricanes Ian and Nicole Recovery Plan (December 2022) III"tf ^AFt ID CIF 4 :Itl ur • The Hurricanes Ian and Nicole Recovery Plan includes federal projects that may or may not eventually qualify for federal Flood Control and Coastal Emergency (FCCE) money, pending the US Army Corps of Engineers (USACE) final determination. In some instances, the Recovery Plan states, "No nonfederal dollars needed outside of Administration normal management programs." This begs the question, if the combined impact of both storm events is ultimately not recognized by the USACE, on a federal project, will local sponsors be prohibited from applying for state supplemental funding at 100% to Howard N. Tipton address notable dune impacts on those projects? We suspect that dune restoration, t'OUN II[°T as a direct result of Hurricanes Ian and/or Nicole is an appropriate use of the recently III) I I N IIII II°t t Illlt approved state supplemental funding, especially when those damages are within segments of the state's critically eroded shoreline (SLC R-98 to R-115+1000). • The timeline of funding opportunities is of concern. When will the application period for Dan McIntyre supplemental funding begin? If the application period for state supplemental funding (1)U 'III°Y.4III "TO Ey approaches before the USACE has determined eligibility, should local sponsors submit for state funding regardless? Jos� lwa II rev riirpd/ Scur. Cloast:at IlK iiii flip, i u7ioee r/II17 iross1() iriic )Ilt Stir�k-A 32"Ill 011crord2cu Ave I fort he cc, b-li 34982 �„11- (72) 462..1269 G'MM.G:.� �ib'sQ:I:4;G.G�q.6"V„;Q:.9.�1�' (772) 462-➢432 rw w vtIla cncr, . ;a v Page 47 of 74 St. Lucie County wishes to understand the decision -making process. Has FDEP identified specific criteria for ranking supplemental projects? If so, could they be shared with local sponsors as soon as possible? If not, can local sponsors be involved in discussing the metrics currently being considered? The County is interested in how FDEP will be partitioning state supplemental funding among the counties identified in the Hurricanes Ian and Nicole Recovery Plan. Preliminary Hurricanes Ian and Nicole Beach Conditions (December 2022) PG 106 and 107 — Impacts to the St. Lucie County Coastal Storm Risk Management (CSRM) project are not identified in the plan view graphics (R-98 to R-115+1000). The Post -Hurricane Nicole survey assessment is attached to this correspondence for reference purposes. St. Lucie County is grateful for the opportunity to participate in the emergency rulemaking process. Please know we are available to offer further information or clarification to ensure Florida's beaches are properly restored as soon as possible. Should you need to contact me, I'm available at (772) 462-1269. Sincerely, Joshua Revord, P.E. Senior Coastal Engineer j r/cc Attachments: St. Lucie County CSRM Post -Hurricane Nicole Assessment cc: Chris Dzadovsky, St. Lucie County Erosion District Chair Mark Satterlee, St. Lucie County Deputy Administrator Nicole Fogarty, St. Lucie County Government Relations Director Courtney Calderone, St. Lucie County Government Relations Manager Patrick Dayan, St. Lucie County Public Works Director Page 48 of�4 ,.Am MEN AM jCOASTAL TECH IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3625 20" Street Vero Beach, Florida 32960 (772)562-8580 Fax (772) 562-8432 Johnny Bradberry, President 1018201.011 December 16, 2022 Joshua Revord, P.E. Senior Coastal Engineer St. Lucie County Erosion District 3071 Oleander Ave. Fort Pierce, FL 34982 Re: St. Lucie County — South Hutchinson Island CSRMP Post -Hurricane Nicole Physical Monitoring This Memo summarizes our assessment of beach volume changes attributable to Hurricane Nicole, upon the South Hutchinson Island Coastal Storm Risk Management Project (CSRMP) fill area, which extends from about 200 ft south of R-98 south to about 1,000 ft south of R-115, the Martin County Line. In general, comparison of the October (Post-Ian/Pre-Nicole) to the November (Post - Nicole) survey data indicates: • A net loss of 384,572 cy of sand fill from the dune to -15 ft NAVD. • A net gain of 409,335 cy of sand fill from the dune to -28 ft NAVD. • About 158,562 cy of sand fill is required to re -construct the CSRMP design template — completed in May 2022. Please note the following: Overview: Hurricane Nicole began its origins as a subtropical storm about 500 miles east of the northeastern Bahamas on November 7th, 2022. On November 9th, Nicole developed into a tropical cyclone and made landfall in the northern Bahamas with sustained winds of 70 mph. Later that day, Nicole strengthened into a Category 1 Hurricane while it continued to travel north towards Florida. On November 10th, Nicole made landfall on North Hutchinson Island — as reflected in Figure 1 — with sustained winds of 75 mph. As Nicole moved inland, it weakened to a tropical storm but continued to produce strong tropical storm -force winds as it traversed the state of Florida. Nicole continued its path north while weakening further to a post -tropical cyclone and eventually dissipating over West Virginia (NHC, 2022). Figure 2 depicts the significant wave heights as measured at NOAA NDBC Wave Buoy Station 41114 located offshore and about 20 miles north of the Project fill area — as available from NOAA's website. The data reflects varying significant wind field and wave heights attributable to Hurricane Nicole between November 71 and November 9th. It appears the wave gauge was damaged by the storm as no wave data is available after November 9th until November 28th. Figure 2 indicates wave heights as high as 19 feet were experienced offshore of the Project area during Hurricane Nicole (NDBC, 2022). Post -storm profile surveys were performed in November 2022. These profiles were compared to the immediate post -construction profiles collected in June 2022 and the post -Hurricane Ian profiles collected in October 2022. The surveyed beach profiles are illustrated in Attachment 1 — which compares plots of the pre- and post -storm profiles. The beach profile surveys indicate a steepening of the beach berm in most of the Project area with significant erosion above about elevation -15 ft NAVD and significant accretion below about elevation -15 ft NAVD. Illldlll iiiiii° ItV ii a iiiiii 'iiiii ii s Coastal - Engineering - Economics - Energy - Environmental - GIS - Planning - Transportation Page 49 of 74 Joshua Revord St. Lucie County December 16, 2022 Page 2 of 5 Figure 1— Wind Field & Watch/Warning Graphic, Hurricane Nicole Significant Wave Height NDBC Station 41114 20 ,,,,,J► n��, 18 Hurricane Nicole Peak Wave Height" 16 Hurricane Ian 19 ft Peak Wave Height 11/09/2022,� $ 14 11.3 ft 9/29/2022 12 x a � 10 c ; � 8 Lw .� 6 III all4 �`V �I���� . IIWNk 0PI1I4��Iryp� � ^mi il. 2 ���� I�I�I�IIII I �I WII�li 6nllIIII,Ir 8/27/2022 9/16/2022 10/6/2022 1.0/26/2022 11/1.5/2022 1.2/5/2022 1.212512022 Date Figure 2 — Significant Wave Height (ft) NOAA NDBC Buoy 41114 Page 50 of 74 Joshua Revord December 16, 2022 St. Lucie County Page 3 of 5 Volume Changes: Calculation of volume changes is based upon "average -end" methods; individual profile changes (cy/ft) at each reference monument are determined via CAD software. Volumes are based upon (a) the common or overlapping pre and post storm profile surveys, and (b) the length of shoreline between monuments. Analysis results are summarized in Tables 1A for the portion of the profile above -15 ft NAVD and 1B for the portion of the profile above -28 ft NAVD for the period from October 2022 to November 2022. Note that volume changes are tabulated for the portions of the profiles (1) above the approximate MHWL elevation of +0.4 ft NAVD, (2) below the MHWL elevation and above the depth of closure at -28 ft NAVD (Table 1A) or below the MHWL elevation and above -15 ft NAVD (Table 113). Table 1B is included to demonstrate the amount of volume loss from the nearshore region, which is not otherwise clear by Table 1A due to the significant accretion of sand in the offshore region. The beach profile surveys indicate: • volume losses of about 48,660 cubic yards of sand from above the MHWL; • volume losses of about 335,912 cubic yards of sand from the MHWL to -15 ft NAVD; • volume gains of about 793,908 cubic yards of sand from the -15 ft NAVD elevation to -28 ft NAVD; and • volume gains of about 457,996 cubic yards of sand from above the MHWL to the depth of closure (-28 ft NAVD). Design Template: As identified in the report titled "Coastal Storm Risk Management Project Final Integrated Feasibility Study and Environmental Assessment" by the U.S. Army Corp of Engineers (USACE) dated August 2017, the project design template consists of (i) a dune with crest elevations between +11 and +14 ft NAVD88 (ii) a 20-foot wide upper berm at an elevation of +7 ft NAVD88 "which approximates the natural berm elevation" and "consists of 20 feet of sacrificial fill (traditionally referred to 'advance' fill) designed to protect and maintain the existing dune between renourishment events.". The May 2022 construction fill template consisted of (i) a dune crest elevation at +14 feet NAVD88, (ii) an upper berm at elevation of +7 feet NAVD88 ranging from 18 to 53 feet wide, and (iii) a total berm extending to elevation of +6 feet NAVD88 ranging from 48 to 83 feet wide. Page 51 of 74 Joshua Revord December 16, 2022 St. Lucie County Page 4 of 5 Post -storm Measurements: To assess Project performance and Hurricane Nicole impacts, the following surveys (by Morgan & Eklund) of the beach fill area were compared: (a) June 2022 — a scheduled monitoring survey — immediate post -construction — serving as the pre -Ian storm survey, (b) October 2022 — the post -Hurricane Ian survey, and (c) November 2022 — the post -Hurricane Nicole survey. The measured beach profiles are illustrated in Attachment 1 — which compares plots of the pre - and post -storm profile surveys. The attached profiles indicated that: • The constructed dune was impacted from the northern limits of the project site to R-108 with the exception of at R-102, R-103, and R-107 where the dune loss is minor averaging about 5 ft of erosion. Based upon the survey data, the newly constructed dune experienced erosion for about 50% of the Project length. • The constructed dune was stable or experienced accretion of sand from R-108 south to R-115. • For the sacrificial berm: o From R-99 south to R-100 (about 17% of Project length), the sacrificial berm was greatly impacted and does not remain. o From R-101 south to R-108 (about 45% of Project length), the sacrificial berm was impacted, typically lower and further landward than initially constructed. o From R-109 south to the southern limits of the project (about 38% of Project length), the sacrificial berm remains intact. Table 2 summarizes the volumes required to restore the 2022 constructed fill template. Table 2 indicates a fill volume of about 158,562 cubic yards is required to reconstruct the 2022 construction template. Note that the required fill density ranges from about 1.3 cy/ft at R-109 to 21.9 cy/ft at R-99 with an average of about 9.5 cy/ft. Results and Conclusions: In general, the profiles generally depict (a) a landward retreat of the shoreline from the MHWL to near the -15 ft NAVD contour and (b) erosion of the dune face in the approximate northern half of the Project area (R-99 to R-107) and (c) large accretion offshore between -15 ft NAVD and -28 ft NAVD. Per Tables 1B, within the Project area above the depth of closure, the survey data indicate: • All profiles had a net loss of sand above -15 ft NAVD except profiles R-108 and R-112 which slightly gained sand. • The maximum loss is 50.2 cubic yards per foot at R-100; the maximum gain is 7.9 cubic yards per foot at R-108. • Total losses were 384,572 cubic yards along the 3.4 miles (N17,774 feet) Project shoreline. Per Table 2 about 158,562 cubic yards of sand fill is required to re -construct the Project design template. The 2022 construction fill volume as measured by the USACE was 387,035 cubic yards, therefore, about 41% of the 2022 fill volume has been eroded from the fill template and about 59% remains within the template. However, note that: • For any beach segment, over time, sand losses above the depth of closure (-28' NAVD) are attributable to a longshore sediment transport deficit, where more sand is moved along the beach and outside the segment than enters the beach segment along the shoreline. Page 52 of 74 Joshua Revord St. Lucie County December 16, 2022 Page 5 of 5 During storm events with elevated water levels and waves, a beach adjusts towards being in equilibrium with the waves and water levels; this adjustment is commonly reflected by (a) sand eroding from the beach berm and dune, with (b) sand deposition in the nearshore region below the waterline. During subsequent more calm and normal conditions, some of this deposited sand commonly migrates back to the beach berm resulting in at least partial recovery. The survey profiles indicate Hurricane Nicole moved the nearshore sandbar further seaward. It is expected that under normal sea conditions, some of this sand bar will move towards the shoreline to at least partially rebuild the berm as the beach experiences partial recovery after the storm. The large accretion of sand reflected in comparison of the pre and post -storm profiles is unexpected. The survey firm that performed the survey, Morgan & Eklund confirmed that the nearshore survey data collected using typical land based survey equipment aligned well with the nearshore survey data collected using a boat equipped with hydrographic survey equipment. The FDEP Monitoring Standards for Beach Erosion Control Projects identifies that for topographic survey data, the vertical accuracy of the data shall meet or exceed the GPS-derived heights (5cm) standard and the horizontal accuracy of the data shall meet or exceed the Geospatial Positioning Accuracy Standards (maximum of 0.66ft). Comparison of historical surveys within the project limits indicate a variability in profile elevation for the area near the depth of closure where convergence of all survey data is expected. The survey data from pre -Hurricane Nicole and post -Hurricane Nicole typically converge to within about 7 inches at the depth of closure. For the area near the depth of closure, typically: o the pre -Hurricane Nicole survey data is at a lower elevation than most of the historical survey data reviewed. o the post -Hurricane Nicole survey data is at a higher elevation than most of the historical survey data reviewed. If you have any questions regarding our analysis results, please contact me. Sincerely, Coastal Tech Charles "Tem" Fontaine III, P.E. Vice President Attachments: • Table 1A — Volume Change Above -28 ft NAVD • Table 1B —Volume Change Above -15 ft NAVD • Table 2 — Volume Required to Reconstruct the 2022 Construction Template • Profile Survey Data Figure (R-98 to R-115) References National Hurricane Center (NHC) and Central Pacific Hurricane Center NOAA Website — Hurricane Nicole Advisory Archive https://www.nhc.noaa.gov/archive/2022/NICOLE.shtmi NOAA National Data Buoy Center Station 41114 — Fort Pierce, FL http://www.ndbc.noaa.gov/station page.php?station=41114 Page 53 of 74 0 LO W a_ ?" , �n 00 N V- co ol n C) -Lri 10 7� 'n 10 CD I- cy, w w m m IQ wti r-4 M rl� r4 N o-o lo W t0 T r-� n Ln O nm oo lny� c ok m m 14� C� lo IcL lo r-I =� cl ol ri of c) .................. ....... ..... ...... ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ...... ....... ....... ........ ....... ....... m oo to to n to LO I- oo m q- n m oo O Ln C� rq O l0 0, M kc� rIt W lc� Ili Cl� co z lo cD .................. ....... ..... ...... ...... ....... ...... ....... ....... ...... ....... ....... ...... ....... ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ...... ....... ....... ....... ....... ....... 0 lo Nr loo C, to n I- W to C� of co C, C, r< m (3) r-, co c m ko m m ON M a) nto Iq CD CD IcL OR. 'o OR. Nr r Ln CL OD l' n cl "i al lo Ln -L C) 'o M I;r Nr r, m m co N m m lo co m w ro m N ......................... --- --- ---- -------- -------- -------- -------- -------- -------- -------- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- -------- ---- ---- z oo m I- m I- r4 oo I- oo m > -, r, r L r� — 00 'D to rl Ln Ln T oo r1l of to �4 cl a m oc� c) Ni kc� T tc� r-4 c) 4 z nr-� c) Lrl k6 06 "Z Ln r-� Ln r,� Ln r,� -T Nc m r1i m 'I- m Nri r4 Ln 00 .................. ------- --- --- ---- --- ---- --- ---- -------- -------- -------- -------- -------- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- -------- ---- --- ---- T --- -t rIj rl N co to rl) v- to r� m m op to c� N c; C, Lr) rL,� rl� "R �q cq C� CD nllj r,jry ID v lo oo v N mMv, NO N I:1 �61LAI c, cD r", c N IR l0 m li l0 N n m X m m k0 N rIL cD m l0 oo li r, 03 to Lo l to c m to lo N N ko k0 N oo cl� cD to l0 m 7 ID m T 13, c co 1) 1) oo .................. ....... ..... ...... ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ...... ....... ....... ........ ....... ....... ...... ....... ....... ....... ....... ....... ....... ...... Q) 7 1) 00 rl) 00 rIj to CD (n 00 Lr) Lr) rIj CY) C:) C) CTI to -T (31 cD 1) r, 0 kc C7, rl� 1. rIj r4 r, 113 T T M to a, . Ln M rj M 7 N N ri + a? N -q- I, m -q- rIj O cl rl: ui cu cu Ln m 1, Ln rl rIj ncD C, cl 'I Ln a r, 'o cl c� 14 m nm of r� of r, c� c� r, C� co oo In a, a, co 0) CD m Ln lo r, co m 0 m Ln CD C) CD C, C, CD CD Cl CD a) U al 00 0 Ln (A 4a O ck M , CL 0" a) 0 z u u > Z cn m m r E m arl ) Ln > 0 Z > 0 -W 0 0" E c m r r m m m 0 E > R 0 U) 0 r m :E u 0 0 E 0 cu a c m .0 u a) E O Qs, 114 4lll�l�D CD m m w m C) CD C) m m 't 114 CD r1i m CD m v 111 r1i 1-4 N cc� n "Ji ll� cc� r1i cc� LQ cc� L'i 16 06 10 m co r" m al '4- m m v r" I- w z .................. ....... ...... ..... ...... ....... ....... ............... ....... .............. ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ....... ............... ....... .............. ...... ....... ...... --- -------- ---- --------- --- r, m N m 'D a, 7Mm r1i m lc� Cl lc� v Nm `4 r, NLQ co m 00 m eq Ln q- m w m I ................. ....... ...... ..... ...... ....... ....... ............... ....... .............. ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ....... ............... ....... .............. ...... ....... ...... --- --- - --- ---- -------- --- > 0 m OD OD C3, cl, ol 10 OD V m 00 rN m Ili LO r1i CR O ri rl� O� q Iq U ri C� O� CD 10 a, 10 rl C), Ol 00 T r� TCOa, CO06 of j1�1 'Z' 1) ol m m m l0 m ID V- r Dl 'Ci LQ Cli Ci IL LriO LQ M LQ C� rl I I Cl 111 CFI V-N m ................. ------- --- -------- -------- -------- -------- -------- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- --- --- ---- -------- --- z m r, cD IV cy, D rq m OC) q- LQ m ci M IV r-, cy, Oli LF) n 5 n M V M00 Ln "I! T Ln o CCrj L -L m 'a z e m 00 v m 00 'Q- I r, c:- Cz Lr� C6 6 Ln Ln .......................... ------- ---- ----____ -------- ----____ -------- ---- --- ---- --- ---- --- ---- --- ---- --- ---- --- ---- -------- -------- -------- ---- --- ---- --- ---- --- ---- --- I 0 r, Lr) N O 0 C) "D C) Go I, 'o IR CD 1� 00 V: + 001 lb C) r-, C) ll�! lo LQ lo m m CD %0 Ilz CD lD r, r, cl� CD n kl� ....... ...... .. ...... .... . ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ...... ....... ....... ........ ....... ....... ....... ....... z ('b' t- 1) 00 M co NOl C) m co LO N M C) 0, lD M In m C, m r, 0 lll�, r". C7, r, LO Q- Lr! rl 41 C� r,4 r,4 4w ................. ....... ...... ..... ...... ....... ....... ...... ....... ....... ...... ....... ...... ....... ...... ....... ....... ....... ....... ....... ...... ....... ...... ....... ....... ...... ....... ....... ...... ....... ...... ....... ...... ....... ....... ...... ....... ....... ...... ...... + (b w V: cv) : V: (,o C:,� CD� r,� r', 'D� V: 2:, 0 19 Mr�- r� m m a 7 L� T 6 V) w Q) lD M r� M rl li rl C) C) C) Ln rlj C) r, o a, C> Lll Q) r" C3) 01 C3) co CY, r�ti CY, M CY, r, C7, C� "t m C� rQ m C� ti C� M r, M CY, 0 ro C: Q) Go m CD NM T LO 110 r" co all CD m T Ln 0 E oll ON CD C) C:) C, C, C, C, CD Cl CD 0C: + U0100 0 In 4� 99 0 LO LO W a_ Table 2 Volume Required to Reconstruct 2022 Construction Template based upon Post -Nicole Survev Data Monument Distance Between Monuments Volume ft cy1ft Cy R-98 0.0 976 10,688 R-99 21.9 999 20,773 R-100 19.7 987 13,016 R-101 6.7 975 4,916 R- 102 3.4 987 i 3,558 R- 103 3.8 972 10,598 R- 104 18.0 11007 i 16,641 R- 105 15.0 940 12,773 R- 106 12.1 1,040 8,749 R- 107 4.7 975 4,982 R- 108 5.5 1,102 3,756 R- 109 1.3 1,067 i 8,021 R-110 13.7 814 13,368 R-111 19.1 11129 i 12,431 R- 112 2.9 1,020 3,450 R- 113 3.9 787 2,050 R- 114 1.4 982 4,660 R- 115 8.1 1,015 4,133 MC R-1 0.0 1 Average/Total 17 774 9.5 158,56 Page 56 of 74 \ \ } \ ID j \ S \ / w \ ® m \ \ n - cm = E )/\\ /\0 /00c : o j / / \ U) \ \ / \ f \\ e o m o \ E E / }_/ o� [ \ [ \ ) R / 2 \: LL > > / LL ; < R _; \ / �- 8- 3 / +c ~ ^ \ }� [ 70 \ e ° ± / Z � « & \ � - // / A \ E \ / y c O \ V \ Q 2 oR - } g \ CTF o + CD j DATE / , y SZ yz \ m uC / / o _ \ \ c c c q % ,o cm, Uev ion e -R Aye / DWG NO. Elevation e -NAVD z< k-4 S 2 ± S ± � \_/\ j/)} \i§i c / \ « z z / j { \ > > 2 I \ ± e � « ± � \ \ � /f E o 2 U N 0 a 00 o a E h (D 0) c6 c6 O O I y w U) E 0 0 co 76 o O U o V LL c ro a N 7 CD �U m N -C U U a j J U C7 O U � I co Q) HD (D Q) O O E z N 0 0 o + i rn S E N 0 0 p n L L d + } LL LL n n v iD 91 CD n _ + co C/} Uy C� n u7 C� � T O D i + + � tv W H n + ° A C) D 7 H r w o a + ON C 2 � V 0 C, + d � ENGR o CTF ++ o DATE r� co 12/15/2022 o a T PROJ NO. C7 CD C7 C7 C7 C3 Q CD C C7 CV r � 107 8201. 011 C\jr `I co Elevation (Feet-NAVD) Q DWG NO. Elevation (Feet-NAVD) °' z r A-2 z w � a m w N �, J N N O N O N � U � � N EzQ=y a >N��,C E O O O p 0 0 Z a 0 a U F >Q Q Z z � O O � II II J J S 3 T (� V J Q U 0 z /w v w NO U O�- N 2 � _ E > fn U N � Za°Oa°U� > Q a z z a o o � J J T (� V 1 Q U d z /w v w NO U O�- N 2 � _ E > fn U N � Za°Oa°U� > Q a z z a o o � J J T (� V 1 Q U d \ \ CD } _ \ j \ E \ 2 ) ) ) 0 _ } \ } \ :G3 S-0 \ ) \ o \ / \ 3 % _ / D \ \ S } 2 / [ z / o/ � ^ [ \ [ \ / / ) e \ \: »LL 4 Q \ \ \ /\ - 2 y o G : \ \� ( \ < / Z V W _ R § A « e 5 � Y - y O : \ V CD \ - © 2 � oe / g \ CTF o \ j or 2 , y SZ y2 \ m uC q e \ c c c / / Elev lton(Fe -NAVD / DWG NO. Sevation(Fe -NAVD 2 / k-S « O 2 ± S ± 2 ° Q \ \ ),/\§{ /\{))® `®:fK/ /)/23& } \ / \< / z / / j { \ > > e O E O # � 5 � m 2 S / W � m � � \:\ ,$r} /}jzj6 \ � a { § > co O ± O 4 � 5 � m s U N 0 a I E U � U U) E c' 0 + O m U) m co Cj o O i) O c ro c N 7 o m 0—U O N - U U j J a C _ � C I L � O UJ u u I >, N 7 u Q) m Qi O ri z N N n ``0 ``0 i � I J, TF O O o U L L d + a o LL n LL _ o' C v C + ' 4 LJ + a 4 C7 LZ Z + + + W H o ° A +00 — Q c 7 H + w H o T Q + � ON C � 2 / V O O + C ENGR + o CTF CD + o DATE 12/15/2022 o + >, PROJ NO. Q C) Q O �' 21 � C ) C7 Q Q C7 C ) N r 107 820� .011 Elevation {Feet-NAVD} Q DWG NO. Elevation (Feet-NAVD) o A-4 zT z w w J � a m N N N O (�J O U N p N 'c _U N � U � � N Ezs=y a >N�,C E O p O p 0 0 Z a 0 a U F 1 >Q Q Z Z � O O � II J II J 3 S T � Q T U I � � o z rw v w N O N U N 0 a + E N C 6 O + D Y o c - O + m o + O U o ID co O KJ N 7 p m O - U U j J a c = p ti 5 O co O I >, N 7 co C) N tll O o z N C, 0 0 0 i rTF 4ri 0 �}--y i0 O o U d p ( V^,l WW �nyy o U LL L 'D — LL _CD r �5 = VevK C) gi U n LV rrt4J tU c+o C!)16 UI c LC7 co "i C73 CD W n H + + — A D 7 F H O O r W + of Ov m 2 � V 00 O ENGR c� o CTF 0 + C:D o DATE co 12/15/2022 O c� o � PROJ NO. C Q C? C7 C] C3 Q CD C7 C) CU r 107 8201. 011 `� r `� `' Elevation (Feet-NAVD) co DWG NO. Elevation (Feet-NAVD) °' A-5 zT z w w J � a m N O N C (n N _N O (�J O U � O N � U N U � j O EzQ=y a O O O O O O O Z a 0 a U F I 1 n Q z Z _ c= G cJc G O Q T U I N � o z rw v w J O N N N C U N O U O �- N O N 9 U U N � O O p U p 0� zaOaU� Q z � O z O � II J II J N °' O Q T U I N � o d U N O d ID C r~ O u � c6 o � Y cra N + o m Cj U () O c Go �u� C 7 0 00 ° 0 C N - U U � j J o = + � r- 7 O o N i + N QJ ° t z U o L E 7 S O 0 ° U n a /�, - W na) I IW LL 'I� LLrr - n Y Q (D UI o CI} [] + D c II CY) ID v W H c ° A Q H r w H cD Q O v o � ENGR o CTF 0 o U _� ° U DATE 12/15/2022 o o + � PROJ NO. Q C7 C © O C) C7 C) Q CD O CV r 7C 82� 17 CV r CI `' Elevation (Feet-NAVD) Q DWG NO. Elevation (Feet-NAVD) °' ° A-C zT z w w J � a m N �, N N O (roJ O U � O � � N Ezs=y a >N°NEE O O V O O N Z a 0 a U F >Q Q Z z _ J J 3 S Q T U � o z rw v w m J O N C (n N N N C U N O U O N O N . '() N 9 U O O U p O U zaOaU� > Q a z a o z o �? J J Q T U � �o d \ \ } _ ID � / o > ? � j o e [ \ � \ / } � _\ \ \ o 7 \ \ =Gj G�© \ ) / + 3 \ % CD /co \ \ \ a 0 3 [ [ p 2 + y/ \ \ / / \ \_ LL G � + 4 E .g \ o m m - 6 t c 5 : b + 3 1: ~ \ }� ( \ + } e Z � W CD . R § A « 0 5 � / L LU \ : O \ V o \ Q ID oe \ \ \ CTF o or 2 , y SZ y2 \ m uC q / e \ c c c q \ / ,o vm, 2 f Elevation (Fe -NAV DWG NO. Elevation(Fe -NAVD \ 2 / k-7 < S 2 }± S = E ± Q \ ( /\{)/® `®:fK/ /)/23& / \ < 2 \ ° \ / { \ > > m � ± O # � 5 � m � / 2 S / w � m , { / � )\2%/i r} ))j)j6 \ � / \ § > co � ± O « � 5 � m � / s U N 0 a ° ID E I � r � m n 6 O 76 U a C co O N + ° O °�U U U + m a j J = v I L CO r' 7 O :v >, N _ 7 r e Q) _O O z o QC Q) + p C 0 co C c5 i LO _ Q m E O C d O + n {]j i C L Q1 .ILL n r � � - - ♦rrti VL n +' o [�i cn f17 � n o co i + W H a ° A a + m � 7 F a r w H a0/+ : N N � V O L] r` a � ENGR v o CTF DATE o co 12/15/2022 n CD o � > PROJ NO. CI © CD �+ C3 j C7 Cd C) CJ C) C) CU r 1C�820�.011 r Cv C' Elevation (Feet-NAVD) Q DWG NO. Elevation (Feet-NAVD) ° A-S zT 0 z w W J c a m N N O (�J O U N p N U N Q U O O N > C E Z a° O a° U � > Q Q Z Z � O O C7 I I I'I c= G cJc G c6 Q T (� � �o i z w c� W � NO U O�- N 9 � N p N O Z � > Q Q Z a o Z o � J J Q T U � o d U N 0 a LO G. E cm G � o � I � U) CD �CC O L G CD + 76 U o LLJ U a co C V IX7 N U n C N 0 I � U m U S j J p = v Cn o r 7 v co I N c? i + S co N } u Q) U ID Q7 Z + Q) r E N 50 U O ` 7 o Z - a 0 O d o i + U CO w J o G - G �5 L G irrk� q 9CD I G Z + cv v W U ID + + -6 C`7 � y H w ad r LU + O N N 21 G c� I Q ENGR o CTF o - o DATE U 12/15/2022 c7 � o ? PROJ NO. I C) CD C O (D (D (D Q Q CU r j 1078201. 11 C\jr `I coI Elevation (Feet-NAVD) Q DWG NO. Elevation {Feet-NAVD} o A- zT z w C d N � J N N U O U O �za= a N O '! C � U U U O Z a 0 a ID a- >Q Q Z Z _ I j J rr nn (� WSJ T U LL I� z w C� W � t6 J � N � C U N O U O �. N p N N 9 U E2�=..Q � N p N O Z ap OapU� � Q Q Z Z � O O � J J S T U LL O c0 co I� z w C� W � t6 J � N � C U N O U O �. N p N N 9 U E2�=..Q � N p N O Z ap OapU� � Q Q Z Z � O O � J J S T U LL O c0 co O c0 co \ \ _ E _ \ \ / j 3 e E \ \ 2 ) \ ) 0 _ } cq } \ :G0 OD S-0 \ ) \ / \ 3 % / \ f co S o ® @ o 2 / / z / } 2 j/ g� � \ \/ \ \LL \: LL 2 4 P .E \ \ \ /\ = m m - 3 J e 7 : � CD . \ \� - - e Z W _ R § A « 5 / _ \ V \ CD - © _ 2 oR + { \ CTF o \ j or 2 , y SZ oz > m uC / / o e \ % o 0 0 CCD) / ,o vm, Uev ion e -R Aye = DWG NO. Elevation -HAVD \y k-40 O 2 ± S ± 2 ° Q \ \ ),)\§{ /\\)/® `®:fK/ /)/2/& { } \< / z / . / j { \ > > m � ± O « � / � / 2 S / W U m \:\ )\/))! ,,,}}} )}jz/6 \ � / \ § > m � ± O « � 5 � m � / 2 \ \ } cD � \ � @ , o > ? j = e E \ � \ / Cj / � _\ \ \ \ o 7 =Gj \ G�© \ ) ) o = \ / z CO \ \ / ° c ® @ o \ § § z / }\ g2 \ \ \ \ QD \_ L 3 � 4 P % R @ m - $5 e3 : / + / 1: \ ( 00 \ - - a Z � W . � - R § A « 5 _ _ / \ V \ Q - \ 2 g oe \ CTF o ID + j or 2 , y SZ y2 \ m uC / / o e \ % o 0 0 / / ,o vm, Uev ion e -R Aye / DWG NO. Elevation(Fe -NAVD 2 z k-4a O 2 ± S ± : E Q { ( \\\)\� eeefK/ /)/23& } } / } \< / z / / j { \ > > m E O # � 5 � m 2 � S / W � m , 2 / � � \:\ )\2}/! r} ))j)j6 \ � / \ § > co � ± O « � 5 � m s \ \ E � \ � @ , \ } / o E \ \ 2 ) ) o g . ) _ } cq \ } \ o ? 2 =Gj /-O z o j j \ ƒ \ % w 0 \ / \\ _\ ) © m ° m o \ E E z / \\ y/ ^ / \ / \ ) G / / $ f ƒ p _- / .g -� - \ \ / /\ - ?\ _$ : ^ \� \ e � � W . In R § A « 5 � Ca LU o O \ V \ ca _ 2 oe + g \ CTF _ + j or 2 , y SZ y2 \ m uC � / e \ % o c c q q / ,o vm, ' Elevation e -&Aye / DWG NO. Elevation e -NAVD 2 z k-4 2 y O 2 ± S ± 2 ° Q \ \ ),)\§{ /\±))® / S / W U m , 2 / � � \:\ )\2}/! }}} ))jzj6 \ � / § I � ± O « � \ 2 \ \ cD } CD � \ 9 @ o j ? j e [ / » \ / co / \ \ o ° \G\ \ G�© \ ) ) o / \ z 3 \ \ / \\ _f ) ° c © 3 0 \ § E / / \ \ \ 0 \_ L g � » 4 P .E & \ / /\ R m m - ƒ \ ( \ 2 � W . - co R § A « 5 CD : \ O V \ Q 2 oe - \ g \ CTF o or 2 , y SZ y2 . \ m uC / / o e \ % o 0 0 / / ,o vm, Uev ion(Fe�-NAVD / DWG NO. Elevation e -&AVM 2 / 4-4 3 < O 2 S ± 2 : E Q { ( ),/\§{ /\{))® `®:fK/ /)/23& ( \ {± / \< / \ \ \ \ �� \ m O E � # � 5 � m 2 / S / w � m , 2 / � � \:\ )\2}/! ,:r} ))j)j6 \ � / \ § > co O ± � « � 5 � m � / s \ \ E k (D / , o > \ . ) e o E ID \ \ / \ \ = E \ } \ :G3 � G�0 \ s 2 / / { CO \ ID ID / D I \ / ® @ o \ / / o + \ \2 \TF ± °� \ + P _ .Q S m m - 3 5 / + ° / \� � { o _ 7 a W cD R A \ rt \ _ \ V \ oe e \ \ CTF o or 2 , y SZ y2 \ m uC / / o e \ % o o c CCD) / ,o vm, , Elevation e -R AVD / DWG NO. Elevation<Fe�-MAVD 2 / A-4 4 « O 2 ± S ± 2 ° m � } ),/\:ƒ f)±))® ))/£/& \ \< / \ / / / \ \ S � ± � 4 r / �� 2 S / w � m , 2 / � � \:\ )\2}/! ,,,}}} ))jzj6 \ � / \ § > m � ± � « � / s U N O a L S E rm n � 0 E c6 CO U) C o o m U o O U o m W N 7 o 0 U � � N U U � a j J N 7 O UJ C u >, I � 7 u ❑ u Qi O ri z N ❑ a U + i LO E _ ❑ 0 O p L L d + } Qi LL LL n v C) C + cD C/} U_7 4 �C7 n � T C i � tv W H ° A + - Q H 7 H o r w Q o o6 + 0N C 2 � V O O + d ENGR o CTF CD + o DATE 12/15/2022 a � (D S PROJ NO. �' Q U C C) C7 C7 Q CD CCD) C ) Ctl r 1C' 82J1. 11 `I °I Elevation (Feet-NAVD) Q DWG NO. Elevation (Feet-NAVD) °' z T A-1 5 z w � a m w N �, J N N O (roJ O U N p N 'c U N � U � � N Ezs=y a >N��,C E O O O p 0 0 Z a 0 a U F >Q Q Z Z � O O � II II J J S 3 N °' T Q T (� I N � o z rw v w NO U O�- O O N N E Z 9 � > Q a z z a o o � J J c� T Q T (� I N � o d z rw v w NO U O�- O O N N E Z 9 � > Q a z z a o o � J J c� T Q T (� I N � o d U N 0 a o N U � E N I � c6 C c6 O U) CE L O O co 6 o O U O _o LL c ro CD 0. N 7 07 0 U - U .U. S J C7 _ L co17-3 O CJ CU I � CD co Q) N o ri z N ❑ ❑ U + i rn E = ❑ ❑ N p p L n � L � d + a ❑ ❑ LL n LL _ J 0 + �' 4 ❑ + LO co n C t. T i � v V W n H + + c � ° — -O A r w H o o a + � 0N C � 2 V O O + O ENGR o CTF + o DATE co 12/15/2022 o > PROJ NO. C) O © �' C] L � C7 C7 Q CD C7 C) N r 107820�.011 C\jr `� °' Elevation (Feet-NAVD) co DWG NO. Elevation (Feet-NAVD) °' z A-1 r w w J � a m N �, N N O (�J O U N O N '� _U N � U � � N EzQ=y a >N��,C E O O O p 0 0 Z a 0 a U F I 0 s 9 Q N >Q Q Z Z � O O � II J II J 3 S t�J Q T T U I N � o z /w v w 9 U � Ez�S.. O a�.. o,! � E CO) Za°Oa°U� > Q a z a o z a � J J S tJ Q T T U I N � o d \ \ _ E \ @ CD j 2 3 o 7 E \ \ « ) \ ) 0 _ } \ } \ :G0 S-0 \ ) \ / \ 3 % / \f f ) S o © m o 2 / [ z \/ y/ � \ \ / 0 \ \ \: » 4 E zE \ \ ƒ /\ o m G - 6 y r 7 : \� Z _ _ w V W - R A § 5 « � / _ \ V \ _ ~ 2 oR \ { \ CT(F o \ j or 2 , y SZ oz \ m NO c C e % o o c / \ / , Elev lton(Fe -NAVD / DWG NO. b ev ion(Fe -NAVD \y k-47 O 2 ± S ± 2 ° Q \ \ ),)\§{ /\\)/® `®:fK/ /)/2/& ) / < « z / / j { \ > > m � ± � # T t � m � / 2 S / W U m � \:\ - )\/))! } )}jz/6 \ � / \ § > m � ± 4 � � \ C / 2 \ \ _ } � � \ @ j 2 { _ z [ \ \ e \ _ } \ } \ :G0 S-0 \ ) \ / \ 3 % _ / \\ f ) S o ® @ o 2 / [ z / \/ g2 \ \ / \ \ \: � � 2 4 P .E \ \ \ /\ c m m - 6 y e 7 : CD . \ \� - - Z � e W . - R A § 5 « / _ \ � \ Q _ ® 2 oR + { \ CTF o \ j or 2 , y SZ oz > m uC / / o e \ % o o c / / ,o vm, Elevation (Feet-R AVD / DWG NO. Elevation (Fe -NAVD \y k-48 O 2 S � 2 ° ),/\§{ /-,\_� /\\))® `®:fK/ /)/23& }± } / ) / < « z / { \ > > m � E # � � / � / 2 S / w U m � � \:\ )\2}/! }} ))jzj6 \ � / \ § > m � ± � # � 5 � m � / 2