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HomeMy WebLinkAboutAgenda 02.20.2024LUIl EROSION DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, February 20, 2024 1:00 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. 4, Vice -Chair JAMIE FOWLER District No. 2 LARRY LEET District No. 3 LI N DA BARTZ District No. 5 CATHY TOWNSEND Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life *Final on 2/13 Page 1 of 100 Regular Meeting Tuesday, February 20, 2024 1:00 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 Human Resources Department at 772-462-1456, HumanResources@stlucieco.org or TDD 772-462-1428 at least 48 hours prior to the meeting. z1P,: Page 2 of 100 Regular Meeting Tuesday, February 20, 2024 1:00 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 January 23, 2024. 4. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 16 - 19 B. ADMINISTRATION 1. 2024 State and Federal Program Staff recommends the Board accept the 2024 State and Federal Program. C. PORT, INLET & BEACHES 1. Amendment No. 1 to FDEP Grant Agreement 22SL2 - South St. Lucie County Beach Nourishment Staff recommends Board approval of Amendment No. 1 to FDEP Project Agreement 22SL2, including a supporting budget resolution (to be executed separately by OMB), and authorization for the Chair to sign documents as approved by the county attorney. 2. Work Authorization No. 11 (G.E.C., Inc./Coastal Tech, Inc.) - St. Lucie County, Florida, Coastal Storm Risk Management (CSRM) Project: Year 2 Post -Construction Physical and Biological Monitoring Staff recommends Board approval of Work Authorization No. 11 with G.E.C./Coastal Tech, Inc. ($454,867.01) for Year-2 Post Construction Physical and Biological Monitoring required by permit, and authorization for the Chair to sign documents as approved by the county attorney. 3. Florida Department of Environmental Protection (FDEP) Grant Agreement 22SL1- 3 1 P, : Page 3 of 100 Regular Meeting Tuesday, February 20, 2024 1:00 PM Amendment No. 02; Work Authorization No. 10 (Taylor Engineering) Staff recommends Board approval of: 1) Amendment No. 02 to FDEP Project Agreement 22SL1 (Fund No. 184239), including $150,000.00 in new grant funding from FDEP for permit required monitoring, requiring a $150,000.00 local match share contribution (total grant increase of $300,000.00); 2) a supporting budget resolution provided separately by OMB; (3) Work Authorization No. 10 with Taylor Engineering for 2024 physical and biological monitoring at Fort Pierce Beach ($274,846.00); and 4) authorization for the Erosion District Chair to sign documents as approved by the county attorney. 5. REGULAR AGENDA There are no items scheduled. 6. MOTION TO ADJOURN 4 1 P, : Page 4 of 100 3ro LUCK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Erosion District Meeting January 23, 2024 1. CALL TO ORDER The meeting was called to order at 1:13 PM by Chair Chris Dzadovsky, District No. 1. Convened: 1:02 PM Adjourned: 1:13 PM 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 Jason Davis, Deputy County Administrator Jennifer Hill, OMB Director Barbara Guettler, MSBU Coordinator Joshua Revord, Port Director Benjamin Balcer, Planning & Development Services Director Kori Benton, Planning & Development Services Planning Manager Katrina Slay, Agenda Coordinator Vera Smith, 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 made to approve all minute sets, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet 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 December 12, 2023. Page 5 of 100 Erosion District Meeting Tuesday, January 23, 2024 1:00 PM 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 10 - 15 Adopted by Consent Vote 5. REGULAR AGENDA A. COUNTY ATTORNEY 1. Acquisition of Permanent Beach Storm Damage Reduction Easement - Parcel 100 - Resolution No. 24- 020 Dan McIntyre, County Attorney, and Joshua Revord, Port Director, presented this item to the Board. Over the years the County has been involved in a beach re -nourishment project including the study area from just south of Blind Creek (R-77) to the Martin County Line (R-115). In the past, the project has been funded by the federal government through the Corps, state, and the County. Also, landowners have participated in the project. Also, as part of preparations for the project, in 2012, the County obtained Temporary Easements from each property owner in the project area which provided limited uses. To effectuate future federal renourishment projects of which there could be multiple over the 50-year federal project life, current Corps policy requires that the County obtain permanent beach and storm damage reduction easements from all adjacent landowners within the scope of the project, These regulations include provisions for perpetual constant construction easements to avoid property right interference with operation of the project by the Corps and the County and include additional public access provision. The County's Property Acquisition Division acquired 49 of the 50 required easements from property owners. The parcel where an easement was not acquired is identified as Parcel 100. The Corps requires that the County acquire that parcel as a condition of future federal funding. The County/District staff will receive authorization to acquire a permanent beach storm damage reduction easement over Parcel 100 if the proposed resolution is adopted. As indicated in the draft resolution, the Board is required to consider certain factors when determining whether to acquire property including Safety, Costs, Alternate Routes or Methodologies, Long Range Plans, and the Environment. In terms of safety, it's indicated any construction that occurs would comply with all applicable safety requirements and permit requirements as have prior projects. In terms of cost, the anticipated cost of two additional renourishment projects is $33,020,000. The County has entered into partnership agreements acting as a local sponsor with the Corps, the County will be responsible for 65% of the initial construction cost and approximately 35% was federal. 2 1 p„ Page 6 of 100 Erosion District Meeting Tuesday, January 23, 2024 1:00 PM The future periodic renourish events will include up to 27% federal contribution or 73% County contribution. The total cost of these projects is warranted to provide coastal storm risk management for the adjacent properties and associated infrastructure. In terms of long-range planning, future erosion of coastal beach areas is contemplated due to sea level rise and future storm impacts. The County needs to obtain permanent easements 49 of 50 have been obtained and the remaining one needs to be obtained for federal participation. Alternate routes are not a relevant factor but will be addressed. With the Environmental impacts the County has always obtained permits from the Florida Department of Environmental Protection, and it is anticipated that future renourishment projects can be permitted and will have minimal negative impacts. In terms of acquisition Parcel 100, is approximately 1.92 acres and is improved with a waterfront restaurant with associated amenities such as an outdoor dining deck and bar, beach/dune walkway, and parking areas. Parcel 100 comprises approximately the eastern .53 acres extending from the mean high-water line of the Atlantic Ocean extending westward 131.24 ft. on the north end of the parent tract and 148.5 ft. on the south end of the parent tract. Before initiating any eminent domain proceedings, the County must attempt to negotiate in good faith with the owner of Parcel 100 and provide a written offer, and if requested, a copy of the appraisal, which the County intends to do. In this regard, the County contracted with Daniel D. Fuller, MAI to appraise Parcel 100. Mr. Fuller has determined that the value of Parcel 100 is $180,000 which was offered to the owner. Staff recommended that the Board adopt Resolution No. 24-020 and authorize the Chair to sign the Resolution and authorize the District to offer compensation to the owner in the amount of $180,000.00. Port Director Joshua Revord commented and emphasized the importance of establishing legal rights for the project within the boundary. He provided a positive report on the South County Beach project and commented on the planning process with the Army Corps of Engineers and funding. The Board did not have further questions or comments on this item. 4\ motion was mace to aDDrove start recommencations, anc it Dassea unanimous 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 6. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 1:13 PM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request. 3 1 p„ Page 7 of 100 01/19/24 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #16- 13-JAN-2024 TO 19-JAN-2024 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 4,170.62 GRAND TOTAL: 4,170.62 PAGE 1 PAYROLL 5,350.00 5,350.00 Page 8 of 100 01/26/24 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #17- 20-JAN-2024 TO 26-JAN-2024 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 15,346.64 GRAND TOTAL: 15,346.64 PAGE 1 PAYROLL 0.00 0.00 Page 9 of 100 02/02/24 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #18- 27-JAN-2024 TO 02-FEB-2024 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 296.84 GRAND TOTAL: 296.84 PAGE 1 PAYROLL 5,253.20 5,253.20 Page 10 of 100 02/09/24 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #19- 03-FEB-2024 TO 09-FEB-2024 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,296.84 GRAND TOTAL: 2,296.84 PAGE 1 PAYROLL 0.00 0.00 Page 11 of 100 AGENDA REQUEST TO: Board of County Commissioners 4.B.1. 2024-64375 CONSENT AGENDA - GOVERNMENT RELATIONS DATE: 2/20/2024 *ACTION ITEM - BOARD ACCEPTANCE QUASI-JUDICIAL ITEM? No PRESENTED BY: Courtney Calderone, Government Relations Division Director SUBMITTED BY: Government Relations SUBJECT: 2024 State and Federal Program BACKGROUND: Annually, the Board of County Commissioners approves the State and Federal legislative priorities to guide the County's lobbying efforts at the state and federal level. Staff is seeking acceptance by this District to further support the County's 2024 Legislative Programs. PREVIOUS ACTION: December 5, 2023 - BOCC approval of the 2024 Federal Program. September 19, 2023 - BOCC approval of the 2024 State Program. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board accept the 2024 State and Federal Program. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 12 of 100 Date: February 07, 2024 Courtney Calderone, Government Relations Division Director Date: February 08, 2024 Daniel McIntyre, County Attorney Date: February 08, 2024 George Landry, County Administrator Page 13 of 100 Inmate Medical Cap Local Bill As a measure to contain the high cost of inmate medical care, this proposed bill will reduce expenses by setting a reimbursement amount paid by St. Lucie County to medical providers for health care services for inmates and arrestees. Compensation is limited to 110% of the Medicare allowable rate, or 125% of the Medicare allowable rate if the health care provider reported a negative operating margin for the previous year. The proposed local bill would place the same limits on providers of emergency medical transportation services and provide St. Lucie County with similar protections to those currently in place for the Florida Department of Corrections (F,S, 945.6041). Home Rule Authority Over Florida PACE Loan Providers St. Lucie County proposes an amendment to FS 163.08 to clarify that "Any local government, including a separate legal entity created pursuant to s,163,01(7), must have the written consent of each other county or municipality within which it intends to operate through an interlocal agreement before providing and financing qualifying improvements within that county or municipality" Since 2010, the Florida Statutes have allowed for Property Assessed Clean Energy (PACE) loans in Florida. Specifically, the Florida legislature allows property owners to voluntarily finance improvements with local government assistance, and FS 163.08 (2)(a) defines local government as follows; "Local government" means a county, a municipality, a dependent special district as defined in s.189.012, or a separate legal entity created pursuant to s,163,01(7), There are several PACE providers originating PACE loans across Florida operating as "a separate legal entity created pursuant to FS 163,01(7)° It is St. Lucie County's position that PACE loan providers do not have the legal authority to provide loans without an executed interlocal agreement with the local government in whose jurisdiction they intend to provide loans, and that State law should be clarified so that the PACE loan provider needs specific authorization from a local government to operate within that local government's jurisdiction. Ten Mile Creek- Indian River Lagoon South A critical component of the Comprehensive Everglades Restoration Program (CERP) is the Indian River Lagoon -South (IRL-S) suite of projects. This includes the C23/C24 STA and Reservoir system, located in the western part of St. Lucie County This new system will include a northern diversion canal which will provide a resource for excess stormwater to be discharged when the system calls for it. The outfall for the excess water is a natural tidally influenced waterway known as Ten Mile Creek. Ten Mile Creek is one of St. Lucie County's main drainage conveyances and runs straight down the middle of the county, impacting many larger residential communities, and eventually draining to the St. Lucie River and Estuary, St. Lucie County supports coordination with the Florida Department of Environmental Protection, South Florida Water Management District, US Army Corp of Engineers, the 298s, and the public to address the critical system impact of Ten Mile Creek and its influence on drainage and water quality for County residents. The ongoing studies, assessments, modeling, and data collection efforts are vital to the outcome of the project. The County acknowledges that funding must be identified and secured to implement solutions to Ten Milke Creek - Indian River Lagoon South. Streamlined Permitting for Railroad Crossings The County supports increased cooperation between Florida Department of Transportation (FDOT) and Florida East Coast Railroad (FEC) and local governments to facilitate streamlined permitting to ensure secure railway crossings. Page 14 of 100 St Lucie County Appropriation Request: Secondary Data Center for Continuity of Operations and Continuity of Government Total Project Cost: $10,000,000 Requested Amount: $5,000,000 1 County Match: $5,000,000 The St. Lucie County Board of County Commissioners has one Information Technology data center that supports the County, Constitutionals, and law enforcement. This single point of failure puts these organizations at risk. The proposed secondary data center is designed to support large- scale applications to ensure the essential functions continue during a critical event or situation. The proposed data center will have built-in security and scalability features as well as onsite and internet-based accessibility. Housed in a controlled environment, the secondary data center will have computing resources including applications servers, file and printer servers, communication servers, application software and operating systems to run them. The project will also include storage subsystems and the network infrastructure. St Lucie County Local Government Funding Request (LGFR): Fort Pierce Shore Protection Total Project Cost: $3,481,474 Requested Amount: $1,740,737 1 County Match: $1,740,737 The Fort Pierce Shore Protection project is a federally authorized project and consists of the restoration and maintenance of 2.3 miles of Atlantic shoreline in Fort Pierce, St. Lucie County. Initial restoration of the project area began in 1971 with the construction of a 1,3-mile segment of beach immediately south of the Fort Pierce Inlet, The present long-term management plan for restoration of the entire 2.3-mile shoreline consists of sand placement in the original northern 1,3-mile segment, creating a natural feeder beach for the southern portion of the project. The next scheduled nourishment event is proposed in Spring 2025. St Lucie County Local Government Funding Request (LGFR): Fort Pierce Inlet Sand Trap Phase 1 Excavation Total Project Cost: $5,410,000 Requested Amount: $2,705,000 1 County Match: $2,705,000 The Fort Pierce Shore Protection Project is a federally authorized project and consists of the restoration and maintenance of 2.3 miles of Atlantic shoreline immediately south of the Fort Pierce Inlet. A sand trap was constructed and sited just inside the Fort Pierce Inlet, near the north jetty, to capture sand migration from adjacent beaches. This sand is available for placement onto the down - drift beach. As of February 2023, the Fort Pierce Sand Trap (Phase 1) had surpassed design capacity and was ready for excavation. The state may cost share at 50% for future maintenance dredging. St Lucie County Florida Seaports Priority Project List: Property Acquisition Requested Amount: $10,000,000 The Port of Fort Pierce has identified property acquisition as its unfunded priority. St. Lucie County is developing a regional stormwater solution for the undeveloped portions of the port. The preliminary identified land is located within the Port Planning Area, but the County is not the primary landowner. Additionally, there are strategic parcels that are adjacent to the port's terminal that, if acquired, could assist in the expansion of the current Maintenance, Repair, and Overhaul (MRO) operations. Property acquisition will be critical in the future development of the Port of Fort Pierce. Page 15 of 100 S T. L U C I E 6! 0 A R D O F C 0 I1 N, T Y C 0 M M I S: S St. Lucie County supports Home Rule, opposes Unfunded Mandates, and opposes efforts to reduce local government revenue sources or limit flexibility in how they are spent. This guiding principle includes the County's opposition to legislation that would create cost shifts from traditionally state responsibilities, circumvent local oversight of development or tax issues, limit local control of critical services, or impact our ability to provide a responsive and reflective local government to our constituents. We also support legislation that creates additional financial flexibility for local budgets, enhances local control of policies and procedures impacting our residents and allows our County to - with the utmost responsiveness - meet the needs of the community. St. Lucie County supports efforts and investment in Economic Development initiatives that both contribute to the further diversification of our state and local economies and supports tourism and cultural foundations upon which so much of our regional impact depends on. This guiding principle includes the County's support for things such as full funding for Visit Florida, the Florida Job Growth Grant Fund, and the Department of State's Arts and Cultural Grants. St. Lucie County supports key investments into Environmental and Natural Resources that protect Florida's fragile environment, strengthens our resilience against the impacts of climate change, addresses the stresses and impacts of continued growth on our Lagoon, lakes, rivers, streams, beaches, and ocean. This guiding principle includes water and environmental projects critical to the county and region, comprehensive Everglades restoration, beach and inlet management and restoration, hurricane supplemental funding, and investments into the health and sustainability of the Indian River Lagoon. St. Lucie County supports robust investment in public infrastructure that supports both planned and potential growth, strengthens transportation and communication networks, and provides greater mobility and accessibility for our residents. This guiding principle includes full funding of Florida's Transportation Five - Year Work Plan through State Transportation Trust Fund including appropriate funding for road construction, public transit, deep water seaports such as the Port of Fort Pierce, airports such as the Treasure Coast International Airport, and the Strategic Intermodal System, It also includes expansion of state -supported broadband, public access trail networks, funding for septic to sewer conversion and waste to energy projects, and other investments that enhance the quality of life for all of St. Lucie County's residents. Page 16 of 100 St. Lucie County supports funding equity in critical public safety investments. This guiding principle includes appropriate state funding for required school safety and resource officers, fair cost share of inmate medical costs and juvenile justice per diem rates, increased investment into the county Emergency Operations Center, and proper recurring funding of Mental Health Court. St. Lucie County supports better partnership and cost share of critical public health and human services. This guiding principle includes advocating for a cap on county Medicaid cost growth, more robust funding for mental health and substance abuse treatment and opposing efforts to modify or underfund the public health system and the role of county health departments. It also includes appropriate statewide funding for homelessness, county -specific appropriations projects, and funding for Healthy Families and Community Healthcare Clinics. St. Lucie County supports affordable housing initiatives. This guiding principle includes full funding of the state's affordable housing trust fund, addressing the home insurance crisis, expanding local discretion for the local option property tax exemption, designating a state entity responsible for enforcing and monitoring certain aspects of the Live Local Act, providing clear criteria for local governments to utilize when identifying parcels in compliance with affordable housing per ss,125.379 and 166.0451 and consider including an enforcement mechanism, expand infrastructure surtax statute to clearly include construction costs for affordable housing development, modernize the Affordable Housing Advisory Committee (AHAC) reporting requirement, and create a grant program to support local land use reform for affordable housing. St. Lucie County supports increased funding for public education and wrap around services that promote lifelong learning and personal advancement. This guiding principle includes not only adequate state funding for K12 and early learning, but higher education investments at Indian River State College with capital (PECO) and operating dollars that enhance the quality of education and skill development opportunities available to our residents. It also includes funding for education wrap around services such as career and college counseling. St. Lucie County supports financial investment and public policy optimization that leads to the continued transformation of Florida's critically important agriculture industry and prepares it for a sustainable future. This guiding principle includes investments into OF/IFAS St. Lucie County -based research and development projects, aquaculture research, and Florida's 4-H programs including others. 911 Public Safety Telecommunicators. St. Lucie County supports legislation that would help the recruitment and retention of 911 Public Safety Telecom municators, Page 17 of 100 H (W�P11A Guiding Principles t. Lucie County opposes unfunded mandates and efforts -to reduce local government revenue sources or limit flexibility in how they are spent® The County opposes legislation that shifts costs from traditionally federal responsibilities, circumvents local oversight, limits local control, or impacts our ability to provide effective local services to our constituents. We also support legislation that creates additional financial flexibility, enhances local control of policies and procedures, and allows our County to - with the utmost responsiveness- meet the needs of the community. St® Lucie County supports robust investment in public infrastructure that supports both planned and potential growth, strengthens transportation and communication networks, and provides greater mobility and accessibility for our residents® The County supports maintaining funding from the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA) to enhance investment in our roads, railroad safety, bridges, transit, the Port of Fort Pierce, beaches and coastal amenities, environment, and the Strategic Intermodal System. We also support funding from those and other bills to support the expansion of broadband, increasing broadband affordability, and other investments that enhance the quality of life for St. Lucie County residents. MITM fit! and programs to the ln&n River Lagoon, lakes, rivers, streams, beaches, and The County supports funding and authorization necessary for St. Lucie County's two federal Army Corps of Engineers beach nourishment projects; Fort Pierce and St. Lucie County, comprehensive Everglades restoration - including completion of the entire Indian River Lagoon -South project - completion of a Lake Okeechobee System Operating Manual that benefits our local waters, protection of offshore sand sources for the County's future use, opposition to the expansion of offshore fossil fuel energy development near Florida, and continued investments into the health and sustainability of the Indian River Lagoon. St® Lucie County supports federal engagement to address -the nation's mental health and opioid crises and invest in services to help with aging services and research. The County supports expanded treatment options for the mentally ill, the preservation of Medicare and Medicaid, supports funding for programs that address the opioid epidemic, federal funding for Alzheimer's and dementia research at the National Institute on Aging, and annual funding for Older Americans Act programs that support critical social service programs serving elder persons in St. Lucie County. St® Lucie County supports ongoing investments in community development and homelessness assistance programs to support our most vulnerable populations as well as efforts to increase access to affordable housing® The County supports programs such as the HOME Investment Partnerships, Community Development Block Grant, Community Services Block Grant, and the Low -Income Home Energy Assistance Program, among others. This also includes Homeless Assistance Grants, particularly for the Continuum of Care Program from which the County benefits, Further, the County supports adjusting area median income (AMI) calculations developed by the Department of Housing and Urban Development (HUD) to include more location -specific data rather than larger Metropolitan Statistical Areas determined by the Census Bureau. This precise data would allow for more accurate AMI calculations to be used for lower income individuals to whom HUD assistance should be targeted and increase affordable housing access for those most in need. St. Lucie County supports federal legislation that ensures detained individuals and inmates have adequate medical care and maintain access to federal benefits® The County supports addressing federal policies that contribute to the national behavioral and mental health crisis and seeks to reduce rates of recidivism in our local jails. The County takes a holistic approach to protect public wellbeing and make our community a healthier and safer place for our residents and visitors. Page 18 of 100 E MA 4 Priorities: Appropriations and Policies 1, Explore all opportunities during the Fiscal Year 2025 appropriations 5, process to secure federal funding for key St. Lucie County priorities. These include; ► Necessary funding to initiate the Preconstruction Engineering and Design phase of the next iteration of the Fort Pierce Beach project via the Army Corps of Engineers. ► Support funding to implement the Army Corps of Engineers Section 219 environmental infrastructure authorization included in the Water Resources Development Act of 2022 for St. Lucie, Martin, and 6, Palm Beach counties. Support St. Lucie County's efforts to extend the runway at the Treasure Coast International Airport with appropriate federal agencies now that the county has secured appropriated funds in the FY23 Federal Omnibus bill for the project to extend the primary runway at the airport by 1,008 feet, for a total length of 7,,500 feet. This extension will assist the airport in accommodating commercial aircraft most heavily utilized by carriers likely to provide service to the Airport. 3, Support the County in its efforts to secure the Part 139 Certification at the Treasure Coast International Airport. Part 139 will create jobs and encourage economic development. 4, St, Lucie County supports appropriate federal funding to help respond to the impacts of hurricanes and other disasters, including from Hurricanes Ian and Nicole, particularly relating to Army Corps of Engineers funding to restore the County's two federal shore protection projects to their pre -storm conditions. St, Lucie County supports the prudent implementation of the Army Corps of Engineers' policy regarding perpetual construction easements, Reasonable engineering discretion is required to determine how "integral" specific real estate is to the performance of a federal beach project. The Corps should allow for Jacksonville District discretion in determining how unacquired easements impact project performance. The County supports legislative action that ensures that shore protection projects with minimal real estate challenges can proceed without delay, as originally authorized by Congress. St. Lucie County supports the ongoing federal Fort Pierce Beach Section 203/403 Conditional Authorization effort, which includes a new 50-year beach project life/agreement with the U.S. Army Corps of Engineers (USACE) and the addition of T-groin structures to better manage regional sands. St. Lucie County and the Port of Fort Pierce support maritime requests which will assist in the economic development of the port, most importantly in policy and funding initiatives, 7 St, Lucie County supports the expansion of an existing Opportunity Zone to include the Port of Fort Pierce and Harbour Point to enhance economic development opportunities, 8, Support St, Lucie County applications for competitive federal grant programs, including but not limited to, opportunities created by the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA). 9, St. Lucie County supports a statute of limitations be approved regarding future claw backs of state and local funding from the American Rescue Plan Act. TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: DATE: AGENDA REQUEST Erosion District Joshua Revord, Port, Inlet & Beaches Director Port, Inlet & Beaches 4.C.1. 2024-64341 2/20/2024 Amendment No. 1 to FDEP Grant Agreement 22SL2 - South St. Lucie County Beach Nourishment The Florida Department of Environmental Protection (FDEP) administers the Beach Management Funding Assistance (BMFA) Program, which provides funding annually to assist eligible local governments with their beach erosion control projects. The Florida Legislature appropriated a total of $10,361.00 in FY-2021/22 to partially reimburse the County for post -storm physical monitoring efforts associated with the passing of Hurricane Dorian. Subsequently, County staff submitted a BMFA request during FY-2023/24 for permit required, year-3 post - construction physical and biological monitoring efforts associated with the recently completed St. Lucie County, Florida, Coastal Storm Risk Management (CSRM) project. Furthermore, the Florida Legislature appropriated an additional $195,705.00 in FY- 2023/24 for these permit -required monitoring efforts and FDEP wishes to amend this grant to include the additional funding. FDEP Grant 20SL3 (194486) provided sufficient funding to complete both Year 1 (2023) and Year 2 (2024) physical and biological monitoring events; of which, the Year 2 physical and biological monitoring effort is set to begin in March 2024. PREVIOUS ACTION: October 20, 2020 - Board approval to submit a Beach Management Funding Assistance (BMFA) program funding application request to the State of Florida (FDEP) for FY-2021/22 (Agenda Item No. 2020-50463, Resolution 2020-243). November 16, 2021— Board approval of FDEP Grant 22SL2, including $10,361.00 (43.49%) in reimbursement for post -storm physical monitoring efforts associated with the passing of Hurricane Dorian (Agenda Item No. 2021-52542). July 16, 2022 - Board approval to submit a BMFA program funding application request to the State of Florida (FDEP) for FY-2023/24 (Resolution No. 2022-127) for Year 3 post -construction physical and biological monitoring associated with the St. Lucie County, Florida Coastal Storm Risk Management (CSRM) Project, also known as South County Beach. FINANCIAL IMPACT: Page 20 of 100 FDEP Grant Agreement 22SL2 (Fund No. 194200) - Amendment No. 01 includes an additional $195,705.00 (43.49%) from the Florida Department of Environmental Protection (FDEP) for permit required post - construction monitoring efforts and requires a 56.51% match share of $254,295.00 (total grant increase of $450,000.00). Matching local funds for Amendment No. 1 are available in account 194-9910-546340-910000, S. Hutchinson Island Beach Erosion MSTU Fund Maintenance -Beach Renourishment Reserves. RECOMMENDATION: Staff recommends Board approval of Amendment No. 1 to FDEP Project Agreement 22SL2, including a supporting budget resolution (to be executed 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 Jennifer Hill, Office of Management & Budget Director � Uri Daniel McIntyre, County Attorney Mayte Santamaria, Deputy County Administrator Date: February 05, 2024 Date: February 05, 2024 Date: February 06, 2024 Page 21 of 100 AMENDMENT NO. 1 TO AGREEMENT NO. 22SL2 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ST. LUCIE COUNTY EROSION DISTRICT This Amendment to Agreement No. 22SL2, as previously amended, (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and St. Lucie County Erosion District, 3071 Oleander Avenue, Ft. Pierce, Florida 34982 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for the South St. Lucie County Beach Nourishment effective December 10, 2021; and WHEREAS, the Grantee was awarded additional funds to complete the project from the fiscal year 2023/2024 legislative appropriation to the Beach Management Funding Assistance Program (GAA Line Item #1 822); and WHEREAS, the Grantee has requested an extension to the Agreement and the Department has agreed; and WHEREAS, the parties wish to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1) The total amount of funding of the Agreement is increased by $195,705.00 to $206,066.00. 2) The Agreement is extended for a twenty-four (24) month period to begin January 1, 2025, and remain in effect until December 31, 2026. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 3) Attachment 1, Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-A, Revised Standard Terms and Conditions, as attached to this Amendment, and hereby incorporated into the Agreement. All references in the Agreement to Attachment 1 shall hereinafter refer to Attachment 1-A, Revised Standard Terms and Conditions. 4) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A, Revised Special Terms and Conditions, as attached to this Amendment, and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms and Conditions. 5) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan. 6) Attachment 5, Special Audit Requirements, Exhibit 1, is hereby deleted in its entirety and replaced with Attachment 5, Revised Special Audit Requirements, Exhibit 1-A, attached and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5, Exhibit 1, shall hereinafter refer to Attachment 5, Revised Special Audit Requirements, Exhibit 1-A. 7) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Agreement No.: 22SL2 Amendment No.: 1 1 of 2 Rev. 3/1/2022 Page 22 of 100 St. Lucie County Erosion District Title: Date Florida Department of Environmental Protection ME Secretary or Designee Date: LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Tv -Pe Letter/Number Description Attachment 1-A Revised Standard Terms and Conditions (13 pages) Attachment 2-A Revised Special Terms and Conditions (3 pages) Attachment 3-A Revised Grant Work Plant (3 pages) Attachment 5, Exhibit 1-A Revised Special Audit Requirements (3 pages) - REMAINDER OF PAGE TNTENTTONALLY LEFT BLANK - Agreement No.: 22SL2 Amendment No.: 1 2 of 2 Rev. 3/1/2022 Page 23 of 100 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1-A 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-A I of 13 Rev. 9/15/2023 Page 24 of 100 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 Terins and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1-A 2of13 Rev. 9/15/2023 Page 25 of 100 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencie s/reference-guide-for- state- exp enditures.pdf. c. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments (i.e., cost reimbursement) under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridaj obs.org/community_platining-and-development/rural-communiiy_pro,grams/rural-areas-of- opportunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1-A 3of13 Rev. 9/15/2023 Page 26 of 100 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/local- governments/judgement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such fiords to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. 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 Attachment 1-A 4of13 Rev. 9/15/2023 Page 27 of 100 negotiated by Grantee. The letter of request shall be supported by a. detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perforin 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. Attachment 1-A 5of13 Rev. 9/15/2023 Page 28 of 100 a. hisurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. if services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment ]-A 6of13 Rev. 9/15/2023 Page 29 of 100 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole Attachment 1-A 7of13 Rev. 9/15/2023 Page 30 of 100 discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1-A 8of13 Rev. 9/15/2023 Page 31 of 100 not submit bids, proposals, or replies on leases of real property to apublic entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and Attachment 1-A 9of13 Rev. 9/15/2023 Page 32 of 100 c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: htips://www.epa.2ov/invest/investing-america-si2naee. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200,323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during Attachment 1-A 10 of 13 Rev. 9/15/2023 Page 33 of 100 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: htip : //do s.myflorida. com/library-archiv es/rec ord s-management/general-records-schedules/). 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1-A 11 of 13 Rev. 9/15/2023 Page 34 of 100 original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. Attachment 1-A 12 of 13 Rev. 9/15/2023 Page 35 of 100 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1-A 13 of 13 Rev. 9/15/2023 Page 36 of 100 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO.22SL2 ATTACHMENT 2-A These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the South St. Lucie County Beach Nourishment. 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 Catetory ❑ ❑ 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 Attachment 2-A 1 of 3 Rev. 8/8/2023 Page 37 of 100 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. 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 — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.11 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 Attachment 2-A 2of3 Rev. 8/8/2023 Page 38 of 100 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-A 3 of 3 Rev. 8/8/2023 Page 39 of 100 ATTACHMENT 3-A REVISED GRANT WORK PLAN PROJECT TITLE: South St. Lucie County Beach Nourishment PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R-98 and R-115 along the Atlantic Ocean in St. Lucie County, Florida. PROJECT BACKGROUND: The Project includes 3.4 miles of shoreline in St. Lucie County. The Project was restored in 2013 and a nearshore limestone boulder mitigation reef was constructed in 2015 to mitigate for nourishment impacts. A federal feasibility study was completed in 2017 and the Project was federally authorized in the 2018 Water Resources Development Act. The Project was impacted by Hurricane Matthew in 2016, Hurricane Irma in 2017, and Hurricane Dorian in 2019. The project's initial federal construction was completed in May 2022. Post -construction monitoring is ongoing. PROJECT DESCRIPTION: The Project consists of monitoring. PROJECT ELIGIBILITY: The Department has determined that 86.98 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 $206,066.00 for this Project or up to 43.49 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.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statute (ES.). 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 62B-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: https.//1lor �lWgp, iov/sites/delaaalt/files/t'hysicalMonitorin, t�rndards.pdr One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. DEP Agreement No. 22SL2, Amendment 1, Attachment 3-A, Page 1 of 3 Page 40 of 100 Acronyms: DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. — Florida Statutes FWC — Florida Fish and Wildlife Conservation Commission 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: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post - construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit -required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. 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. DEP Agreement No. 22SL2, Amendment 1, Attachment 3-A, Page 2 of 3 Page 41 of 100 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 State Federal Cost Estimated Task # Eligible Project Tasks DEP Local Total Share Project (%) Costs 1 Monitoring 43.49% $0.001 $206,066.001 S267,757.871 $473,823.87 TOTAL PROJECT COSTS $0.001 $206,066.001 $267,757.871 $473,823.87 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 Task Title Budget Category No. Amount Date Due Date 1 Monitoring Contractual Services $206,066.00 01/01/2019 09/30/2026 Total: $206,066.00 Note that, per paragraph 81. of the agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Local Sponsor with this and future requests for extension. DEP Agreement No. 22SL2, Amendment 1, Attachment 3-A, Page 3 of 3 Page 42 of 100 hQh^ O \= 0 L S O O .y ¢ N Y C�.N O O f w w O � H ^' H � � Q Q Q Q O Y U U H O V F." a� i. �.d O Qn �z �z �U y � � d d a� 3 w w d' U i. O O m v a� ar w a> w r, :r N O O � � O a� a.. ~ rl 3 � 3 � El � y +yam O +LL� O 0 O �Q i.l � PLO o 0 Q Q cibr w w w V i.a O w N c> c w U Q U Q U O 0 U E O Q Q Q Q O i 0 a C c� Y N N � Q Q w w 3 tj U R R QJ Q M �wa o � o wa 4 z rz 0 v m y •� O N N y •� O � w w 0 U Y V1 N ILI 3 O vi o o r Y N r w o FS ztt- O w w cq cq � O � 0 +O- cz N ON N N cz ✓� N w cv cv w O.i '� Y "�� Y bc LG� Q O � O L. ri IJ a o 0 CQ y O •."". p .."". �t U aj �H R 11 aj i a O Q o a cn V Q � U Oq y O R c6 p16 O c bjD N O ce N 4- V H w O bq �, rC o C W M � O t v R 4r o tj U v80 H � cc 00 r y � b nq z S 41. y V V \ bi +0, �p y �• cc 0 0 r O It a • LL 0 0 r O LO ca a- TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: DATE: AGENDA REQUEST Erosion District Joshua Revord, Port, Inlet & Beaches Director Port, Inlet & Beaches 4.C.2. 2024-64337 2/20/2024 Work Authorization No. 11 (G.E.C., Inc./Coastal Tech, Inc.) - St. Lucie County, Florida, Coastal Storm Risk Management (CSRM) Project: Year 2 Post -Construction Physical and Biological Monitoring St. Lucie County pursued the federalization of its southern beaches in the early 2000's. The need to formally address erosion was championed by local interests in response to specific storm impacts. Damages from these storm events resulted in a formal federal request to the U.S. Army Corps of Engineers (USACE) for federal assistance in maintaining storm damage protection along St. Lucie County's southern shoreline. While pursuing future federal cooperation, a one-time (locally funded) beach project was approved and completed (within the proposed federal beach project area) in 2013 to address persistent erosion. Eventually, a feasibility study was completed for the project area (southern 3.4 miles of St. Lucie County's Atlantic shoreline) and Congress authorized the construction of the St. Lucie County, Florida, Coastal Storm Risk Management (CSRM) Project. Federal appropriations were subsequently approved by Congress for this CSRM project, and a Municipal Services Taxing Unit (MSTU) was created by the BOCC (adjacent to the project area) to help fund future federal construction. In 2020, St. Lucie County's BOCC entered into a 50-year Project Partnership Agreement (PPA) with the USACE for the newly authorized federal beach project. The design, permitting, and bidding of the federal beach project were all completed in 2021, and initial project construction was completed in May of 2022. A vital component of this recently completed beach project is environmental protection. As such, both the County and the USACE (as co-permittee's, 2020-50865) are responsible for adhering to all environmental conditions found within our active state permit (Joint Coastal Permit 0154626-001-JC) from the Florida Department of Environmental Protection (FDEP). Permit compliance conditions include, but are not limited to, post -construction physical monitoring (surveys), post -construction biological monitoring (sea turtles, shore birds, and nearshore hardbottom), and a variety of other project reporting elements needed to track impacts (if any) associated with the recently completed, initial federal beach project. The tasks identified in Work Authorization No. 11 (G.E.C., Inc./Coastal Tech, Inc.) fulfill our permit obligations for Year 2 post -construction monitoring for the recently completed beach project and have been reviewed/approved by the FDEP for cost - sharing under FDEP Grant 20SL3 (Fund No. 194486). FDEP will fund 43.49% ($197,821.66) of the proposed effort. Local match funding ($257,045.35) will be provided by the SHI MSTU (FUND 194) which was previously contemplated and appropriated for this effort under FDEP Grant 20SL3. Page 46 of 100 PREVIOUS ACTION: December 17, 2019 — Public hearing advertised and subsequent Board approval of Resolution 2019-286, establishing the definitions and physical boundaries for the South Hutchinson Island (SHI) Municipal Services Taxing Unit (MSTU). June 16, 2020 — FDEP Grant Agreement 20SL3 (194486) approved by the Erosion District Board. (Agenda Item 2020-49922) September 15, 2020 — Contract for Consulting/Professional Services executed with G.E.C., Inc./Coastal Technology Corporation (C20-09-811) for Coastal Engineering Services with Environmental Support Services, specifically for the St. Lucie County, Florida, CSRM Project. (Agenda Item 2020-50299) November 10, 2020 — The Erosion District Board approves the Project Partnership Agreement (PPA) with the USACE (2020-50618). The project includes 50-years of federal participation. July 27, 2021— Capital Improvement Revenue Note (Loan) approved by the BOCC for the balance of the non- federal share required for both construction and post -construction permit required monitoring efforts ($4,560,000.00, RES-2021-317). September 27, 2021— USACE bid award to Great Lakes Dredge and Dock Company, LLC. (total construction contract $11,340,600.00). November 2, 2021— USACE issues Notice to Proceed (NTP) to Great Lakes Dredge and Dock Company, LLC. December 14, 2021— Board approval of Work Authorization No. 3 (G.E.C., Inc.) for immediate post - construction physical and biological monitoring services required by permit. (Agenda Item 2021-52788) May 9, 2022 — Initial construction of the St. Lucie County, Florida, CSRM Project completed. February 21, 2023 — Board approval of Work Authorization No. 08 (G.E.C., Inc./Coastal Tech, Inc.) for Year 1 Post -Construction Monitoring Services associated with the completed CSRM Project. (Agenda Item 2023- 58611) FINANCIAL IMPACT: The total cost of Work Authorization No. 11 (G.E.C., Inc./Coastal Tech, Inc.) for year 2 post -construction physical and biological monitoring is $454,867.01 and is currently available in FDEP Grant 20SL3 (Accounts 194486-3710-531000-36209 & 194486-3710-546340-36209,IG II )Ih IC SOUflh sell. C IBeach The local match for this permit -required monitoring effort was previously funded by the South Hutchinson Island (SHI) Municipal Services Taxing Unit (MSTU), and local funding consists of $257,045.35 (56.51%) and the State is responsible for $197,821.66 (43.49%). RECOMMENDATION: Staff recommends Board approval of Work Authorization No. 11 with G.E.C./Coastal Tech, Inc. ($454,867.01) for Year-2 Post Construction Physical and Biological Monitoring required by permit, 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 Page 47 of 100 Date: February 05, 2024 Jennifer Hill, Office of Management & Budget Director x Date: February 06, 2024 Daniel McIntyre, County Attorney Date: February 06, 2024 Mayte Santamaria, Deputy County Administrator Page 48 of 100 WORK AUTHORIZATION NO. 11 CONTRACT C20-09-811 COASTAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2024, by and between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "County" and G.E.C., INC./COASTAL TECHNOLOGY CORPORATION., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on September 15, 2020, the County entered into a Consulting Agreement (Contract No. C20-09-811) hereinafter referred to as "Contract" with the Consultant to provide continuing professional coastal engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County Florida Coastal Storm Risk Management Project Year 2 -Post-Construction Monitoring (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C20-09-811). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "B" which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of $454,867.01 (four hundred fifty-four thousand eight hundred sixty-seven and 01/100 dollars), as further detailed in Exhibit "B". No reimbursable expenses will be paid pursuant to this work authorization. Page 1 of 3 Page 49 of 100 Any sub -consultant fees associated with this work authorization will be paid as a direct pass -through without any additional mark-up or administrative fee. 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed and shall complete all work as further described in the Exhibit "C" Schedule. C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. e. SCRUTINIZED COMPANIES TERMINATION: The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. E-VERIFY/ VERIFICATION OF EMPLOYMENT STATUS Effective as of January 1, 2021, as required by Section 448.095(2)(a), the Consultant and sub - consultant shall register with and use the E-Verify System to verify the work authorization status of all newly hired employees. The County, Consultant, or sub -consultant may not enter into a Contract unless each party to the Contract registers with and uses the E-Verify System. The Consultant shall provide documentation of their compliance of this requirement to the County upon request. Page 2 of 3 Page 50 of 100 If the Consultant enters into a contract with a sub -consultant, the sub -consultant must provide the Consultant with an affidavit stating that the sub -consultant does not employ, contract with, or subcontract with an unauthorized alien. The Consultant shall maintain a copy of such affidavit for the duration of this Contract. The County will not intentionally award contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by the Consultant of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Consultant agrees that such violation by the Consultant shall be grounds for the unilateral cancellation of this Contract by the County. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: BY: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G.E.C., INC./COASTAL TECHNOLOGY CORPORATION BY: PRINT NAME: Page 3 of 3 Page 51 of 100 St. Lucie County Work Authorization 11 Year 2 - Post Construction Monitoring Scope of Services EXHIBIT "A" SCOPE OF SERVICES Work Authorization 11 Introduction: In May 2022, construction of the St. Lucie County, Florida Coastal Storm Risk Management Project (CSRMP) was completed by Great Lakes Dredge & Dock Corporation under a construction contract administered by the U.S. Army Corps of Engineers (USACE). The Project was authorized by the Florida Department of Environmental Protection (FDEP) Permit Number: 0154626-001-JC - issued to the USACE and the St. Lucie County Erosion District (District). The FDEP Permit: • identifies 43 Specific Conditions including those describing monitoring requirements, and • cites: o The USACE "shall be responsible for Specific Conditions 3-7, 9, 11-16, 18, 19, 21- 29, 34-37, 40, and 43". o "St. Lucie County will be responsible for Specific Conditions 8, 10, 17, 20, 30-33, 38-43." This Scope of Services address the monitoring requirements for which the County and District are responsible during Year 2 Post Construction to be primarily performed in the summer of 2024. Note that: • Specific Condition 8 is relative to the "artificial reef" for which construction was completed in 2015 and monitoring was completed in 2018. • Specific Condition 17 addresses notifications regarding shorebird nesting in the fill area during construction, which has been completed. • Specific Conditions 20, and 30 to 33 address Marine Turtle Nest Surveys per FDEP's Post -construction Monitoring and Reporting Marine Turtle Protection Conditions including Nesting Success, Hatching success, Emergence Success, Disorientations, Escarpment surveys, and Lighting Surveys completed in 2022. • Specific Conditions 38-42 address Nearshore Hardbottom Monitoring. • Specific Condition 43 addresses Physical Monitoring. The work is proposed to be performed by G.E.C., Inc. (GEC) with support by Morgan & Eklund, Inc. (M&E), CSA Ocean Sciences Inc. (CSA), and Ecological Associates, Inc. (EAI). This Scope of Services includes the following tasks: Task 1 — Physical Monitoring: GEC will provide physical monitoring services for post - construction monitoring of the Project - consistent with the Physical Monitoring Plan (PMP) dated June 12, 2012 as required by Specific Condition 43 of the FDEP Permit. Consistent with the PMP, GEC will: (1) sub -contract with M&E to provide: (i) a topographic and bathymetric profile survey of the beach and offshore between FDEP reference monuments R-93 to R-115 in St. Lucie County and R-1 through R-5 in Martin County (if not supplied by Martin County) two years from the completion of construction — to be surveyed as close as practicable to June/July 2024 for comparison to immediate and Year 1 post -construction monitoring; (ii) a digital (PDF) signed and sealed survey drawing; (iii) an AutoCAD copy of the surveys; and (iv) data in FDEP monitoring format. Page 1 of 5 January 16, 2023 Page 52 of 100 St. Lucie County Work Authorization 11 Year 2 - Post Construction Monitoring Scope of Services (2) prepare 8 '/2" by 11" plots of the new surveyed profiles with (a) the Year 1 post - construction profiles and (b) the pre -construction profiles surveyed under Task 1, and (c) the 2021 USACE construction template; (3) compute and assess volumes and shoreline changes based upon the new profile surveys; and (4) provide a letter report summarizing results of the above with digital (PDF) format. Task 2 — Biological Monitoring - Hardbottom: GEC, via sub -contract with CSA Ocean Sciences Inc. (CSA), will provide biological services for post -construction monitoring of the Project. In general, CSA will perform a Year 2 Post -Construction Survey expected to be conducted in Spring/Summer 2024 - consistent with the existing Biological Monitoring Plan (BMP) approved by FDEP on July 30, 2021 and Specific Conditions 38 through 42 of the FDEP permit. CSA will monitor and note field conditions in the Project area daily beginning in May 2024, when local sea conditions usually begin to improve, until completion of field work. Field conditions of note will include wind direction and speed, wave height, wave period, and visibility, as applicable, along with any significant weather conditions. Wave heights greater than 0.6 m typically result in increased turbidity and reduced underwater visibility, which prevents surveys from being reliably conducted. Consistent with the BMP update, GEC/CSA will perform the following sub -tasks: Task 2a — Nearshore Hardbottom Monitoring: Twenty-six cross -shore permanent hardbottom monitoring transects beginning at the nearshore hardbottom edge and located directly offshore of FDEP Monuments R-78.7, R-80.4, R-82.8, R-85, R86.3, R-88.7, R- 90.4, R-92, R-100, R-101, R-101.1, R-101.9, R-102, R-102.8, R-103, R-103.1, R-108.8, R-109.2, R-109.7, R-110, R-111, R-112, R-112.3, R-113, R-2 (Martin County), and R-3 (Martin County) will be monitored by CSA during the 2024 survey. As part of the nearshore hardbottom monitoring, a marine biologist will collect qualitative video documentation of the seafloor and associated biota along each of the 26 biological transect lines. A species inventory of major taxonomic groups and a species list of fishes and sea turtles observed during the survey will also be produced from each of the 26 biological monitoring transects. Sand depth measurements will be collected at 1-m intervals along all 26 transects using a marked steel ruler, and the physical transitions between sand and hardbottom along all transects will be recorded as line intercepts. Quantitative video will be collected at 40 cm above the bottom of each transect for archival purposes. American Academy of Underwater Scientists (AAUS)-certified nearshore hardbottom specialists will determine percent cover of major benthic groups, average sediment depth, and substrate type from 0.5 m2 quadrats along each biological transect for a total area of 10 m per 150 m transect. The number of quadrats per transect will vary based upon the length of the transect but will be distributed along each transect so that at least 2.5 m2 of area is sampled in each of the following zones: 0 to 30 m; 30 to 60 m; 60 to 100 m; and 100 to 150 m. Digital photographs of each quadrat will be taken for reference at the time of monitoring. Quadrats will meet prescribed FDEP BEAMR data collection criteria from the 2016 FDEP Standard Operation Procedures for Nearshore Hardbottom Monitoring of Beach Nourishment Projects. Page 2 of 5 January 16, 2023 Page 53 of 100 St. Lucie County Work Authorization 11 Year 2 - Post Construction Monitoring Scope of Services Task 2b — Nearshore Hardbottom Edge Mapping: Delineation of the nearshore hardbottom edge will provide information on hardbottom exposure within the Project area and allow for determination of direct impacts, when occurring, due to hardbottom burial by Project fill. Hardbottom formations have been documented to run parallel to the St. Lucie County South Beach Project shoreline. Therefore, the entire length of the nearshore hardbottom edge between FDEP reference monuments R-96 in St. Lucie County and R-3 in Martin County will be mapped during the survey. Two divers will swim the entire length of the hardbottom edge. Divers will tow a Differential Global Positioning System (DGPS) buoy to record their track and will also record qualitative digital video to document the nearshore hardbottom edge for a descriptive analysis (e.g., dominant benthic communities, vertical relief, sand cover). The camera will be positioned at an oblique angle to the seafloor. Locations of breaks in the hardbottom edge or sand gaps greater than 5 m in length will be noted during the survey. Task 2c — Side Scan Sonar Survey: CSA will subcontract Morgan & Eklund, Inc. (M&E) to perform a side -scan survey to verify the locations of hardbottom within the Project area. The side -scan survey will be performed between 1,000 m updrift of the Project boundary and 3,000 m downdrift of the project boundary and offshore a distance of approximately 350 m. Hardbottom mapping data collected during the side -scan survey will be (a) recorded and provided digitally, (b) interpreted with other field data to prepare a summary map of nearshore hardbottom extent and character. Task 2d — Data Analysis & Reporting: Data from Tasks 2a to 2c will be analyzed by CSA and summarized in a draft report to document and characterize the conditions in the Project area one year after construction. The draft report will be submitted to GEC and the County for review. Upon acceptance of the draft report, the draft report will be submitted to FDEP. Qualitative descriptions based on video and diver observations will be provided for substrate types, sediment movement, and benthic assemblages. Percent cover of benthic groups and substrate within quadrats and average sediment depth will also be determined. Results of this survey will provide a basis for comparison future subsequent post -construction monitoring data to determine changes among transects and between years — potentially attributable to the Project. Task 3 — Biological Monitoring — Sea Turtles: GEC, via sub -contract with EAI, will provide biological services for post -construction sea turtle monitoring for the Project — consistent with Specific Conditions 20, and 30 to 33 of the FDEP permit. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #010 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring performed by EAI for St. Lucie County will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's Project specific database. Daily nesting surveys will be charged at a per survey rate. EAI will perform the following sub -tasks: Task 3a — Post -construction Nesting Surveys: Per SPBO Condition A11, Table 18, EAI will conduct daily morning sea turtle nesting surveys of the Project Area from February 25 2023 to November 11, 2023 or until fifteen (15) days without a nest in the Project Area, whichever is earlier. If there is a fifteen -day period where no nests are laid in the Project Area, EAI will request a waiver from the USFWS and FWC to discontinue daily monitoring. Page 3 of 5 January 16, 2023 Page 54 of 100 St. Lucie County Work Authorization 11 Year 2 - Post Construction Monitoring Scope of Services If permission is granted, EAI will then perform surveys three days per week to monitor marked nests until a fate can be determined. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff using All Terrain Vehicles (ATVs). All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to St. Lucie County so appropriate remedial action may be taken. Information from disorientation events is also expected to be used by COUNTY Code Enforcement and the Sea Turtle Working Group to improve lighting conditions on the beach. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured, and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. Task 3b — Nest Marking and Monitoring: Per FDEP Specific Condition 31, once the construction -phase nest protection program has been completed, a representative sample of sea turtle nests in the Project Area will be left in place and marked for the purpose of determining nest fate and reproductive success. Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with FWC guidelines, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Nest marking will be charged at a per nest rate. Task 3c — Weekly Escarpment Monitoring: Per FDEP Specific Condition 30, EAI will perform escarpment (scarp) monitoring on a weekly basis commencing March 1, 2023 through October 31, 2023. In accordance with FWC protocol, scarps will be functionally defined as an abrupt change in beach slope (greater than 45) that is at least 18 inches in height and persists for a distance of 100 feet or more. The location of both the northern and southern terminus of each scarp will be recorded by GPS and average scarp height assigned to one of three categories (0 to 2 feet, 2 to 4 feet, and 4 feet or higher). Page 4 of 5 January 16, 2023 Page 55 of 100 St. Lucie County Work Authorization 11 Year 2 - Post Construction Monitoring Scope of Services Additionally, the maximum height of each scarp will be measured. The location, approximate length, height category, and maximum height will be presented in tabular and/or graphic format for reporting purposes. EAI will notify GEC and the COUNTY of any persistent scarps that may interfere with sea turtle nesting. GEC shall notify FDEP of the presence of those scarps and for coordinating any mechanical knockdowns by the COUNTY if required. Scarp monitoring will be charged at a per survey rate. Task 3d — Reporting: Per FDEP Specific Conditions 20, and 30 to 33, EAI will prepare and submit to the COUNTY, USACE, FDEP, and GEC the following reports in support of regulatory permitting requirements. ■ Monthly summary reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted no later than the last day of the month following delivery of services (e.g., March report due no later than April 30). ■ A year-end report will summarize in tabular format the numbers of sea turtle emergences by species, nest fates of all marked nests, and reproductive success of evaluated nests, including graphic representations, as applicable. The annual summary report will be submitted to no later than 90 days following completion of monitoring activities. ■ Permit -related reports will be prepared following the completion of monitoring and activities. The Statewide Nesting Beach Survey and Nest Productivity Assessment reports required of all marine turtle permit holders by FWC will be submitted by November 30 of the year activities were conducted. All nesting activity and reproductive success for the Project area will be submitted on standard nourishment Excel spreadsheets, as required by the FDEP permit, by December 31 of the year activities were conducted. Page 5 of 5 January 16, 2023 Page 56 of 100 1:T O CN co cu cu Cl) LU n LLI 7F) > a) a) Lu 0 11) 'E E- 03: U) C LLI C , LU ---- 0) Z4 ---- 0 T tq m L---- N I <o --- --- --- --- ----- Lo --- ---- --- --------- r --- 0 CN LO M ------------ 10 1 0 CO 7i L--- NiV ---- --- --- --- T --- T --- T --- --- --- --- --- . . . --- I --- --- I --- i 00 co ---- ---- ---- ---- ---------- ----------- 4 --------- --------------------- 4 --------- --------------------- --------- --------------------- ------ (0 ---- ---- ---- Lo --- 00 --- LO --- LO L, Na) 6s C - 6s O N 0 0 0 Lo 7 C'U Of 0 0 0 LO NiO a, . W L . i! 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U) m W M cc m cu cu m m m co F- F- F- ___ --___ -------- ------------ ---- -------- -------- ------------- ------------- --------- O CIA L N N 0 cq N N N 0 N N 04 0 CD CD Lh 0 N CD 0 04 C-4 0 S 'LL 6 6 'D O N O O c 4 --- --- -------- -- -------- --- -------- ---- --- ---- --------------- z CD C*4 CD N N CN CD CD CD C, cli NCl C:, mN N N Nci cc L—r) ii�, i?-) CD \ ' E E § wE ro \ \ \ \ } ) \\ - // -ol - EE { E y »q \} \ \ b \ C.) t \� - f f A�0 - } \\ - ,2 2 ] _ _ / \\ \ \\){ ) �47- �)\ '§ / / _ \03 ) _ 0 «« - - -22\\/ \ _ \ \ » } E ) ) ) - - - - k 2 (( c 4 e %EQ)EE w {\\ 3 J 3 0E3E3E3a,7 ; < = o = a z 2± )\ )� \ r E \ \ _ & = m - _ R /2} ] ® J\a e � \ \ \ ® o /§a \ / LO \ ) E } ) ° ; § ®a 0 \ E \ j j \ \ ƒ 0 \ r 2{ f s )) e e ) { { ) y£ ^ - ] } / { { u < m o % % 0c) \ I ))/f . 2 2 C4 In J J J J a a a /{) / Ron Ddangs FLORIDA DEPARTMENT OF Governor TE nvironmental Protection Jeanette Nuilez Lt. Governor TO: James A. Beam FROM: Eric Massa SUBJECT: Grant No. 20SL3 — South St. Lucie Beach Nourishment — Scope of Work Review DATE: January 18, 2024 The Scope of Work for (Work Authorization 8) 2024 Monitoring, dated January 17, 2024, has been approved for up to $454,867.01 at 43.49% state cost share pending the availability of funds within the 20SL3 Monitoring Task. The effective date for this contingent approval is January 18, 2024. The scope of work must be executed in a formal agreement prior to the submittal of a deliverable and reimbursement request. Deliverables shall meet contractual requirements and applicable permit conditions. Deliverables are subject to review prior to payment. Reimbursement cannot be made until the terms of the agreement necessary for payment are met. Please refer to the attached Scope Summary Table for agreement 20SL3 budget details. If you should have any questions, please contact me at (850) 245-7601, or by email at Eric.Ma HorIda. M�Dss�a@---DEP,&Qy. Sincerely, Eric Digitally signed by Eric Massa Massa Date: 2024.01.18 16:12:11 -05'00' Eric Massa, M.Sc. Environmental Specialist III Beach Management Funding Assistance Page 59 of 100 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: DATE: AGENDA REQUEST Erosion District Joshua Revord, Port, Inlet & Beaches Director Port, Inlet & Beaches 4.C.3. 2024-64327 2/20/2024 Florida Department of Environmental Protection (FDEP) Grant Agreement 22SL1- Amendment No. 02; Work Authorization No. 10 (Taylor Engineering) The Florida Department of Environmental Protection (FDEP) administers the Beach Management Funding Assistance (BMFA) Program, which provides funding opportunities to assist eligible local governments with their beach erosion control projects. The Florida Legislature appropriated a total of $2,519,379.50 in State funding during FY-2021/22 for tasks associated with the Fort Pierce Shore Protection Project (SPP). A large portion of those grant funds ($1,137,000.00) went towards the recently completed federal nourishment event at Fort Pierce Beach (Spring 2023). In addition, this grant also included 50% reimbursement ($1,182,379.50) for the 2020 Fort Pierce Beach Emergency Truck Haul project. The Florida Legislature appropriated a total of $150,000.00 in additional state funding during FY-2022/23. Amendment No. 01 included this new grant funding, which was used for the 2023 permit -required physical and biological monitoring efforts recently completed at Fort Pierce Beach. Amendment No. 02 to FDEP Grant 22SL1 includes an additional $150,000.00 from FDEP for the proposed 2024 physical and biological monitoring effort(s) required by permit. These additional funds were appropriated by the Florida Legislature in the FY- 23/24 state budget. Work Authorization No. 10 (Taylor Engineering, $274,846.00) was provided to FDEP for consideration/approval under these new grant funds, and the effort was subsequently pre -approved on January 18, 2024, by the Department for cost -sharing under this grant. Work Authorization No. 10 includes the 2024 Fort Pierce Shore Protection Project physical and biological monitoring efforts required by our active FDEP permit for this beach project. PREVIOUS ACTION: October 20, 2020 - Board approval to submit a Beach Management Funding Assistance (BMFA) Program application request to FDEP in FY-2021/22 for a variety of efforts associated with the Fort Pierce Shore Protection Project (2020-50463). September 21, 2021— Board approval of FDEP Grant Agreement 22SL1, including $2,519,379.50 in new grant funding for efforts associated with the Fort Pierce Shore Protection Project, requiring a $2,519,379.50 local Page 60 of 100 match share contribution —total grant $5,038,759.00 (2021-52338). February 21, 2023 — Board approval of FDEP Grant Agreement 22SL1— Amendment No. 01, including an additional $150,000.00 in new grant funding for permit required monitoring, requiring a $150,000.00 local match share contribution - total grant increase of $300,000.00 (2023-5855) January 18, 20247 FDEP pre -approval of Work Authorization No. 10 with Taylor Engineering for the proposed 2024 physical and biological monitoring event(s) at Fort Pierce Beach. FINANCIAL IMPACT: FDEP Grant Agreement 22SL1 (Fund No. 184239) - Amendment No. 02 includes an additional $150,000.00 from the Florida Department of Environmental Protection (FDEP) for permit required monitoring and requires a 50% local match share of $150,000.00 (total grant increase of $300,000.00). Local matching funds for Amendment No. 02 are currently available in the Erosion District Grant Match Reserves 184-9910-599332- 910000. Work Authorization No. 10 (Taylor Engineering, $274,846.00) will be funded with this new grant funding. RECOMMENDATION: Staff recommends Board approval of: 1) Amendment No. 02 to FDEP Project Agreement 22SL1 (Fund No. 184239), including $150,000.00 in new grant funding from FDEP for permit required monitoring, requiring a $150,000.00 local match share contribution (total grant increase of $300,000.00); 2) a supporting budget resolution provided separately by OMB; (3) Work Authorization No. 10 with Taylor Engineering for 2024 physical and biological monitoring at Fort Pierce Beach ($274,846.00); and 4) authorization for the Erosion District 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 Jennifer Hill, Office of Management & Budget Director � Uri Daniel McIntyre, County Attorney Date: February 05, 2024 Date: February 05, 2024 Page 61 of 100 Date: February 06, 2024 Mayte Santamaria, Deputy County Administrator Page 62 of 100 AMENDMENT NO. 2 TO AGREEMENT NO. 22SL1 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ST. LUCIE COUNTY EROSION DISTRICT This Amendment to Agreement No. 22SL1, as previously amended, (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and St. Lucie County Erosion District, 3071 Oleander Avenue, Fort Pierce, Florida 34982 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for the Fort Pierce Shore Protection Project effective October 1, 2021; and WHEREAS, the Grantee was awarded additional funds to complete the project from the fiscal year 2023/2024 legislative appropriation to the Beach Management Funding Assistance Program (GAA Line Item #1822); and WHEREAS, the Grantee has requested an extension to the Agreement and the Department has agreed; and WHEREAS, the parties wish to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1) The total amount of state funding of the Agreement is increased by $150,000 to $2,819,379.50. 2) The Agreement is extended for a twelve (12) month period to begin January 1, 2026, and remain in effect until December 31, 2026. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 3) Attachment 1, Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-A, Revised Standard Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 1 shall hereinafter refer to Attachment 1-A, Revised Standard Terms and Conditions. 4) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A, Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms and Conditions. 5) Attachment 3-A, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-B, Second Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-A, Revised Grant Work Plan, shall hereinafter refer to Attachment 3-13, Second Revised Grant Work Plan. 6) Attachment 5, Revised Special Audit Requirements, Exhibit 1-A is hereby deleted in its entirety and replaced with Attachment 5, Second Revised Special Audit Requirements, Exhibit 1-B as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5, Exhibit 1-A, shall hereinafter refer to Attachment 5, Second Revised Special Audit Requirements, Exhibit 1-B. 7) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Agreement No.: 22SL1 Amendment No.: 2 1 of 2 Rev. 3/1/2022 Page 63 of 100 St. Lucie County Erosion District Title: Date Florida Department of Environmental Protection Secretary or Designee Date: LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Tvpe Letter/Number Description Attachment 1-A Revised Standard Terms and Conditions (13 pages) Attachment 2-A Revised Special Terms and Conditions (3 pages) Attachment 3-13 Second Revised Grant Work Plan (5 pages) Attachment 5, Exhibit 1-13 Second Revised Special Audit Requirements (3 pages) - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - Agreement No.: 22SL1 Amendment No.: 2 2 of 2 Rev. 3/1/2022 Page 64 of 100 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1-A 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-A I of 13 Rev. 9/15/2023 Page 65 of 100 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 Terins and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1-A 2of13 Rev. 9/15/2023 Page 66 of 100 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencie s/reference-guide-for- state- exp enditures.pdf. c. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments (i.e., cost reimbursement) under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridaj obs.org/community_platining-and-development/rural-communiiy_pro,grams/rural-areas-of- opportunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1-A 3of13 Rev. 9/15/2023 Page 67 of 100 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/local- governments/judgement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such fiords to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. 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 Attachment 1-A 4of13 Rev. 9/15/2023 Page 68 of 100 negotiated by Grantee. The letter of request shall be supported by a. detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perforin 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. Attachment 1-A 5of13 Rev. 9/15/2023 Page 69 of 100 a. hisurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. if services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment ]-A 6of13 Rev. 9/15/2023 Page 70 of 100 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole Attachment 1-A 7of13 Rev. 9/15/2023 Page 71 of 100 discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1-A 8of13 Rev. 9/15/2023 Page 72 of 100 not submit bids, proposals, or replies on leases of real property to apublic entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and Attachment 1-A 9of13 Rev. 9/15/2023 Page 73 of 100 c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: htips://www.epa.2ov/invest/investing-america-si2naee. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200,323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during Attachment 1-A 10 of 13 Rev. 9/15/2023 Page 74 of 100 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: htip : //do s.myflorida. com/library-archiv es/rec ord s-management/general-records-schedules/). 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1-A 11 of 13 Rev. 9/15/2023 Page 75 of 100 original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. Attachment 1-A 12 of 13 Rev. 9/15/2023 Page 76 of 100 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1-A 13 of 13 Rev. 9/15/2023 Page 77 of 100 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO.22SLI ATTACHMENT 2-A These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Fort Pierce Shore Protection 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 Attachment 2-A 1 of 3 Rev. 8/8/2023 Page 78 of 100 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. 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 — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.11 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. Attachment 2-A 2of3 Rev. 8/8/2023 Page 79 of 100 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-A 3 of 3 Rev. 8/8/2023 Page 80 of 100 ATTACHMENT 3-B SECOND REVISED GRANT WORK PLAN PROJECT TITLE: Ft. Pierce Shore Protection Project PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R34-160' and R41 along the Atlantic Ocean in St. Lucie County, Florida. PROJECT BACKGROUND: The Project includes the maintenance of 1.3 miles of shoreline in St. Lucie County. The restoration of the project was completed in 1971 and later nourished in 1981. The Project was authorized by the USACE in 1986 and again in 2018. Fifteen nourishments have been completed since 1999. The most recent federal nourishment was completed in April 2023. Funding included in this agreement are for the design, construction, USACE multiphase project, and monitoring of the 2023 nourishment event. Post -construction monitoring is ongoing. PROJECT DESCRIPTION: The Project consists of design, construction, USACE multiphase, and monitoring. 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 $2,819,379.50 for this Project or up to 50 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 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statute (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 62B-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: htt s.��Gloridade o bov�sites/delaaalt/f�1esll�h sicalMonitorin �Standardsa �lE` One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. DEP Agreement No. 22SL1, Amendment 2, Attachment 3-B, Page 1 of 5 Page 81 of 100 Acronyms: DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. — Florida Statutes FWC — Florida Fish and Wildlife Conservation Commission USACE — United States Army Corps of Engineers 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: Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related authorizations. 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 including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress 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. Task 2: 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. DEP Agreement No. 22SL1, Amendment 2, Attachment 3-B, Page 2 of 5 Page 82 of 100 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. Task 3: USACE Multiphase Project Task Description: The USACE in coordination with the Local Sponsor will provide professional services for any and all phases of work where advance payment is required by the USACE. The task may include activities such as preliminary engineering design, coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations, post - construction monitoring and for obtaining environmental permits and other Project -related authorizations. The USACE will provide for construction and construction -phase services such as development of bid specifications, construction plans, advertising and awarding of the construction bid. Deliverable: The Local Sponsor will provide a USACE letter of request (demand letter) and a Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department of the immediate post -construction monitoring report 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. The Department will withhold retainage up to 5 percent contingent upon the submittal of the final cost reconciliation from the USACE by the Local Sponsor to the Department. Performance Standard: The DEP Project Manager will review the deliverable to verify that it meets 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. Task 4: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post - construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and DEP Agreement No. 22SL1, Amendment 2, Attachment 3-13, Page 3 of 5 Page 83 of 100 mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with pen -nit -required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. 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 State Task Cost Federal Eligible Project Tasks Share liar Se Estimated DEP Local Total Project Costs 1 Design 50.00% $50,000.00 $50,000.00 $100,000.00 2 Construction 50.00% $1,198,153.50 $1,198,153.50 $2,396,307.00 3 USACE Multiphase Project 50.00% $7,776,000.00 $1,112,000.00 $1,112,000.00 $10,000,000.00 4 Monitoring 1 50.00% 1 $459,226,001 $459,226.001 $918,452.00 TOTAL PROJECT COSTS 1 1 $7,776,000.00 $2,819,379.50 $2,819,379.50 $13,414,759.00 DEP Agreement No. 22SL1, Amendment 2, Attachment 3-B, Page 4 of 5 Page 84 of 100 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date 1 Design Contractual Services $50,000.00 01/01/2018 09/30/2026 2 Construction Contractual Services $1,198,153.50 01/01/2018 09/30/2026 3 USACE Multiphase Contractual Services $1,112,000.00 01/01/2018 09/30/2026 4 Monitoring Contractual Services $459,226.00 01/01/2018 09/30/2026 Total: $2,819,379.50 Note that, per paragraph 4 [or 8.h. of the new template] of the agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Local Sponsor with this and future requests for extension. DEP Agreement No. 22SL1, Amendment 2, Attachment 3-13, Page 5 of 5 Page 85 of 100 O O O .y ¢ N Y C�. 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CS. a o 0 0 1.0 � vi W W W rn U Gai U R ,fir Tr U O a O P4 V1 Q Q y w O y � o '� w •ti 00 � � � N 0 � � N w � ti s � ° s � � � � •bp W fi � bq bA c o U U o41. y m cz r.r 7 WORK AUTHORIZATION NO. 10 CONTRACT C20-09-772 COASTAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2024, by and between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "County' and TAYLOR ENGINEERING, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on September 15, 2020, the County entered into a Consulting Agreement (Contract No. C20-09-772) hereinafter referred to as "Contract" with the Consultant to provide continuing professional coastal engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, the Legislature of the State of Florida amended Section 448.095(2)(a) Florida Statute to provide that any contract by a local government entity must contain a provision for the use of the Federal E-Verify System to confirm the work authorization status of new employees hired on or after January 1, 2021. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: Fort Pierce Shore Protection Project 2024 Physical and Biological Monitoring (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C20-09-772). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Work attached hereto as Exhibit "A" and according to the schedule which are attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 3 Page 89 of 100 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of $274,846.00 (two hundred seventy-four thousand eight hundred forty-six and 00/100 dollars), as further detailed in Exhibit "B". No reimbursable expenses will be paid pursuant to this work authorization. Any sub -consultant fees associated with this work authorization will be paid as a direct pass through without any additional mark-up or administrative fee. This work authorization shall meet the definition of "Construction Services" as defined in F.S. §218.72. Payment to the Consultant shall be made within 20 business days of the County's receipt of the application. 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed and shall complete all work on or before March 28, 2025 as further described in the Exhibit "C" Deliverable/Invoicing Schedule. C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. e. SCRUTINIZED COMPANIES TERMINATION: The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business Page 2 of 3 Page 90 of 100 operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. 6. E-VERIFY/ VERIFICATION OF EMPLOYMENT STATUS: Effective as of January 1, 2021, as required by Section 448.09S(2)(a), the Consultant and subcontractor shall register with and use the E- Verify System to verify the work authorization status of all newly hired employees. The County, Consultant, or subcontractor may not enter into a Contract unless each party to the Contract registers with and uses the E-Verify System. The Consultant shall provide documentation of their compliance of this requirement to the County upon request. If the Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Consultant shall maintain a copy of such affidavit for the duration of this Contract. The County will not intentionally award contracts to any consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by the Consultant of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Consultant agrees that such violation by the Consultant shall be grounds for the unilateral cancellation of this Contract by the County. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: BY: ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TAYLOR ENGINEERING, INC. BY: PRINT NAME: Page 3 of 3 Page 91 of 100 EXHIBIT A Scope of Work Fort Pierce Shore Protection Project 2024 Physical and Biological Monitoring The U.S. Army Corps of Engineers (USAGE) nourished the full 1.3-mile the project beach (from south jetty to T-41) during spring 2023 using beach quality material from Capron Shoal. Physical and biological project monitoring requirements for 2024 (year one post -construction), addressed in this scope of work, are based on Florida Department of Environmental Protection (FDEP) Permit No. 0327791-001- JC and associated monitoring plans. The Physical Monitoring Plan, Ft. Pierce Shore Protection Project (revised March 2017) covers collection of topographic and bathymetric data. The Ft. Pierce Inlet Sediment Impoundment Basin Biological Monitoring Plan (revised April 2017) covers hardbottom data collection. Specific conditions in FDEP Permit No. 032779 1 -00 1 -JC detail sea turtle monitoring requirements. The Fort Pierce Beach Shore Protection Project area extends from the Fort Pierce Inlet south jetty (200 ft north of FDEP profile R-34) to T-41. The physical monitoring control area extends 5,000 ft south of the project area, from T-41 to R-46. As such, all physical monitoring analyses address the beach reach from the inlet south jetty to R-46. Tasks 1 — 4 address physical monitoring. Tasks 5 — 7 address biological monitoring. Task 1 Beach Survey Data Acquisition and Quality Control Morgan & Eklund, Inc. (M&E), as a subcontractor to Taylor Engineering, will collect year one post -construction topographic and bathymetric profile surveys of the project and control areas. These surveys will include profiles at FDEP reference monuments R-34 through R-60 and intermediate profiles at R-34.5 and R-35.5 (29 profiles total) in St. Lucie County. M&E will perform all work activities and produce deliverables in accordance with the May 2014 (or later) Bureau of Beaches and Coastal Systems (BBCS) Monitoring Standards for Beach Erosion Control Projects; Section 01000, Beach Profile Topographic Surveying; and Section 01100, Offshore Profile Surveying. Prior to the survey, we will coordinate with M&E to execute a subcontract agreement and to specify the details of the survey scope. Upon receipt of the survey data files, we will perform quality control review and coordinate with M&E as necessary to address any issues with the survey data. Upon receiving the final survey deliverables, including all FDEP-required supporting documentation and FDEP-specific file M Page 92 of 100 EXHIBIT A formats, we will submit the deliverables to both the FDEP JCP Compliance Officer and FDEP Grants Manager. At approximately the same time as the survey, a senior engineer from our Jacksonville office will visit the beach to observe and photograph beach and dune geometry and general beach conditions. The physical monitoring report will include photographs from the site visit. Task 2 Beach Survey Data Analysis Taylor Engineering will perform beach profile -based analyses for each reference monument from R-34 through R-46A and intermediate profiles at R-34.5 and R-35.5 — a total of 15 lines — to determine project performance. We will make the following comparisons at each reference monument. 2024 Year 1 post -construction data versus 2022 pre -construction data • 2024 Year 1 post -construction data versus 2023 post -construction data • 2024 Year 1 post -construction data versus 1999 pre -construction data We will convert the data to range/elevation profiles and develop profile plots. We will calculate volume changes and mean high water (MHW) position changes for the above comparison periods. We will prepare profile plots and tabulate shoreline positions and shoreline and volume changes. We will calculate beach volumes over three vertical compartments: dune to MHW, MHW to 700 ft seaward of the survey monument (1000 ft at R-34.5—R-36), and from 700 ft to -32.5 ft-NAVD88. We will integrate beach volume changes alongshore to develop sediment pathways and to identify areas of accretion and erosion. Of note, prior analysis of the landward edge of hardbottom and convergence of the beach profiles identified 700 ft from the monument as a suitable location for a volume compartment boundary, except at R-34.5-36 where 1,000 ft is more appropriate; the rapidly varying elevation characteristics seaward of this boundary may limit the utility of this portion of analysis. Task 3 Aerial Photography GPI Geospatial, Inc. (GPI), as a subcontractor to Taylor Engineering, will collect aerial photography concurrently or as close as possible to the 2024 post -fill beach profile survey. The aerial photography will cover FDEP reference monument R-34 through R-46A in St. Lucie County. GPI will conduct work activities and deliverables in accordance with the May 2014 (or later) BBCS Monitoring Standards for Beach Erosion Control Projects, Section 02100, Environmental Aerial Photography. A - 2 Page 93 of 100 EXHIBIT A Task 4 Physical Monitoring Report Taylor Engineering will prepare a report documenting the results of the above analyses. The report will present and discuss the data (including any potential sources for errors in the dataset) and identify erosion and accretion patterns within the entire area monitored. Appendices will include plots of survey profiles and graphical presentations of volumetric and shoreline position changes for both the construction and control areas. The report will satisfy requirements contained in FDEP Permit No. 0327791-001-JC. We will submit an electronic copy of the report for St. Lucie County staff review and comment. To the maximum extent possible, we will modify the report to incorporate county comments and will then submit one electronic copy of the final report and survey data to St. Lucie County and one electronic copy to FDEP. Task 5 Post -Construction Sea Turtle Monitoring Our subcontractor, Ecological Associates, Inc. (EAI), will provide all sea turtle related monitoring services as required by the FDEP permit. Daily early morning sea turtle nesting surveys of the project area will begin on March 1 and continue uninterrupted through November 11, 2024. Monitoring will include daily nest monitoring, marking and evaluating a representative sample of nests (not to exceed 200 total marked nests), and determining reproductive success. The turtle monitor will also determine and record false crawls and nests by species. Monitoring will occur within the re -nourished beach and an adjacent control area, of equal length, immediately south of the re -nourished beach. Task 6 Nesting Season Weekly Escarpment Monitoring EAI will conduct weekly escarpment surveys beginning March 1 and continuing through October 31, 2024. As necessary during the monitoring period, Taylor Engineering will notify the FDEP and Florida Fish and Wildlife Conservation Commission (FWC) of the presence of persistent escarpments to determine if escarpment leveling or other action is required. A - 3 Page 94 of 100 EXHIBIT A Task 7 Hardbottom Monitoring Our subcontractor, CSA Ocean Sciences, Inc., will conduct hardbottom monitoring as required by FDEP Permit No. 0327791-001-JC and the April 2017 Ft. Pierce Sediment Impoundment Basin Biological Monitoring Plan. Hardbottom monitoring shall consist of video transects, still photographic transects, sediment measurements, and quadrat sampling along specifically identified and marked transect lines. Hardbottom biological monitoring transects occur directly offshore FDEP Reference Monuments R-35, R- 37, R-39, R-41, and R-43. Sediment measurement only transects occur offshore FDEP Monuments R-36, R-38, and R-40. In addition, CSA will monitor the nearshore edge of hardbottom from FDEP Monuments R-34 to R-43. CSA will follow hardbottom monitoring and data analyses protocols required by the above - referenced FDEP permit and biological monitoring plan. We will submit digital copies of the final hardbottom monitoring report and associated field data to the county and FDEP. END OF SCOPE OF WORK We will complete the above scope of work for a fixed lump sum fee of $274,846. Exhibit B details the proposed costs and Exhibit C contains the proposed schedule. Page 95 of 100 EXHIBIT B TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK P2023-211: 2024 FORT PIERCE PHYSICAL & BIOLOGICAL MONITORING ur ene Labor Hourly Rate Hours Cost Task Totals Senior Professional $195.00 12.0 2,340.00 Project Professional $147.00 3.0 441.00 Total Labor Hours 15.0 Total Labor Cost 2,781.00 Subconsultants Cost Morgan & Eklund 18,270.00 Total Subconsultant Cost 18,270.00 ® e ur ene Labor Hourly Rate Hours Cost Task Totals Principal $233.00 7.0 1,631.00 Senior Professional $195.00 52.0 10,140.00 Project Professional $147.00 120.0 17,640.00 Senior CAD/GIS $160.00 16.0 2,560.00 Staff CAD/GIS $81.00 8.0 648.00 Administrative Support $71.00 12.0 852.00 Total Labor Hours 215.0 Total Labor Cost 33,471.00 d m f ® B e ur ene Labor Hourly Rate Hours Cost Task Totals Project Professional $147.00 3.0 441.00 Total Labor Hours 3.0 Total Labor Cost 441.00 Subconsultants Cost GPI Geospatial, Inc. 9,240.00 Total Subconsultant Cost 9,240.00 Page 1 Page 96 of 100 EXHIBIT B P2023-211: 2024 FORT PIERCE PHYSICAL & BIOLOGICAL MONITORING ur ene Labor Hourly Rate Hours Cost Task Totals Principal $233.00 6.0 1,398.00 Senior Professional $195.00 44.0 8,580.00 Project Professional $147.00 68.0 9,996.00 Staff Professional $109.00 16.0 1,744.00 Senior CAD/GIS $160.00 8.0 1,280.00 Staff CAD/GIS $81.00 20.0 1,620.00 Administrative Support $71.00 16.0 1,136.00 Total Labor Hours 178.0 Total Labor Cost 25,754.00 ur ene Labor Hourly Rate Hours Cost Task Totals Principal $233.00 2.0 466.00 Senior Professional $195.00 18.0 3,510.00 Project Professional $147.00 4.0 588.00 Total Labor Hours Total Labor Cost 24.0 Subconsultants Cost Ecological Associates, Inc. 89,988.00 Total Subconsultant Cost 4,564.00 TASK 6' Nesting Season Wo*Eaqa"r"men"' Monoto" r l burdened Labor•urly Rate Hours Cost• . Project Professional Total Labor Hours Total Labor Cost Subconsultants Ecological Associates, Inc. Total Subconsultant Cost $147.00 1.0 147.00 1.0 147.00 Cost 3,150.00 3,150.00 Page 2 Page 97 of 100 EXHIBIT B P2023-211: 2024 FORT PIERCE PHYSICAL & BIOLOGICAL MONITORING ur ene Labor Hourly Rate Hours Cost Task Totals Senior Professional $195.00 18.0 3,510.00 Staff Professional $109.00 4.0 436.00 Administrative Support $71.00 2.0 142.00 Total Labor Hours 24.0 Total Labor Cost 4,088.00 Subconsultants Cost CSA Ocean Sciences, Inc. 82,952.00 Total Subconsultant Cost 82,952.00 Page 3 Page 98 of 100 U a A y O O O O O O O O O O kC) kn kn kn O V') 06 O\ CT l- N fM AV1 vNi kn a1 O CN O � V69 EA ff3 Ff3 ff3 b9 ff3 C" Or- O N 00 a O N O CO 41 M M a 69 b9 64 b9 6R 69 N 64 O � .a O O O O O O O O O O LD O O O O O O O O O O D a N 69 C, � 69 64 69 6R3 69 69 � O O O O O O O O O Ic 01 O1 CQ c> kr) Ln +' G� O Q1 DD O 00 O ti DD 00 69 6g 69 Ff3 Ef3 EA 69 69 N v� N N N N A N N O N O N N O N O o M o M OM M M oc N M N 9z N M N 7 Q 1=4 O O O •,n � � O •,n � � Q ,�' � O r1 Q 7C CD CIA u .1 ,� cl O CIAc� s� cl U Q. O toUy U U UUy Nthtoth O cd cC ,b-IA A b4 O bA O bA O bA O o O Q Q O O O Q � O U U U bq V UO V U U bq Q U U U U LC F p O O 77 O bn O. 's _ o U O O r Q a) 0) m a- Ron Desantle FLORIDA DEPARTMENT OF Governor Environmental Protection Jeanefte Nufiez Lt. Governor mimm I i2.',4L*1 C1 M QJM UTP4 _N SUBJECT: Grant No. 22SLI — Fort Pierce Shore Protection Project — 2024 Physical and Biological Monitoring Proposal — Scope of Work Review DATE: January 18, 2024 The Scope of Work for the Fort Pierce Shore Protection Project dated January 11, 2024, under 22SLI with a total cost of $274,846.00 has been reviewed for cost sharing by the Beach Management Funding Assistance Program. All activities listed in the Scope of Work are eligible and are approved for state cost -sharing at 50% of the non-federal cost. The effective date for this contingent approval is January 18, 2024. The scope of work must be executed in a formal agreement prior to the submittal of a deliverable and reimbursement request. Deliverables shall meet contractual requirements and applicable permit conditions. Deliverables are subject to review prior to payment. Reimbursement cannot be made until the terms of the agreement necessary for payment are met. Please refer to the attached Scope Summary Table for agreement 22SL1 budget details. If you should have any questions, please contact me at (850) 245-7601, or by email at Eric.Massa,Dd F1Q.Cd@DEP.go v. Sincerely, Digitally signed by Eri, Massa Eric MassaDate: 2024.01.18 13:14:01 -05'00' Eric Massa, M.Sc. Environmental Specialist III Beach Management Funding Assistance Page 100 of 100