HomeMy WebLinkAboutAgenda 10.21.2025S�,Il m
EROSION DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, October 21, 2025
6:01 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 1, Chair
JAMES CLASBY
District No. 2, Vice -Chair
LARRY LEET
District No. 3
ERIN LOWRY
District No. 4
JAMIE FOWLER
District No. 5
CATHY TOWNSEND
Mission Statement
Committed To Service, Focused On Our Future, Grounded By Tradition
*Final on 10/15
Page 1 of 82
Regular Meeting Tuesday, October 21, 2025 6:01 PM
WELCOME
All meetings are televised.
All meetings provided with wireless internet access for public convenience.
Please turn off all cell phones and pagers prior to entering the commission chambers.
Please mute the volume on all laptops and PDAs while in use in the commission chambers.
GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board
meeting.
INVOCATION -PLEDGE —To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the
Pledge of Allegiance. Participation is voluntary.
CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a
public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9
a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior
to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time.
Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order
of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chair will ask for public comment, (4) further discussion and action by the Board.
ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup
material, please have eight copies ready for distribution.
NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three
minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or
opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a
candidate for public office.
DECORUM — Please be respectful of others' opinions.
MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third
Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year
necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Human Resources Department at 772-462-1456,
HumanResources@stlucieco.gov or TDD 772-462-1428 at least 48 hours prior to the meeting.
z1P,:
Page 2 of 82
Regular Meeting Tuesday, October 21, 2025 6:01 PM
1. CALL TO ORDER
2. GENERAL PUBLIC COMMENT
3. APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the Erosion District Meeting of September 16, 2025.
4. CONSENT AGENDA
A. WARRANTS
1. Warrant Lists
Old Year 50 - 54
New Year 2
B. PORT, INLET & BEACHES
1. Amendment No. 02 to Work Authorization No. 12 (Taylor Engineering) — 2025/26 Ft. Pierce
Shore Protection Project — Construction Administration Services
Staff recommends Board approval of Amendment No. 02 to Work Authorization No. 12 with
Taylor Engineering, requiring an additional $6,726.00, bringing the total cost of proposed
construction administrative services for the proposed 2025/26 Ft. Pierce Shore Protection
Project to $54,180.00, and authorization for the Chair to sign documents as approved by the
county attorney. This item is in accordance with the Strategic Initiatives ES 6.1.3 and ES 6.1.4.
2. FDEP Grant Agreement 26SL1— Fort Pierce Hurricane Ian and Nicole Recovery Project
Staff recommends Board approval of the Florida Department of Environmental Protection
(FDEP) Project Agreement 26SL1, along with a supporting Budget Resolution (to be prepared
separately by OMB), and authorization for the Chair to sign documents as approved by the
county attorney. This item is in accordance with the Strategic Initiatives FCT 1.5.1.
S. REGULAR AGENDA
There are no items scheduled.
6. MOTION TO ADJOURN
3 1 P, :
Page 3 of 82
Regular Meeting Tuesday, October 21, 2025 6:01 PM
4 1 P, :
Page 4 of 82
SM ELL C-�'
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Erosion District Meeting
September 16, 2025 Convened: 9:03 AM
Adjourned: 9:04 AM
1. CALL TO ORDER
The meeting was called to order at 9:03 AM by Chair James Clasby, District No. 1.
JPresent
Commissioner Jamie Fowler, District 4; Commissioner Larry Leet, District 2; Commissioner James Clasby,
District 1; Commissioner Erin Lowry, District 3
Excused
Commissioner Cathy Townsend, District 5
Also Present
Katherine Barbieri, Interim County Attorney
George Landry, County Administrator
Mayte Santamaria, Deputy County Administrator
Erick Gill, Communications Director
Benjamin Balcer, Planning & Development Services Director
Barbara Guettler, MSBU Coordinator
Joseph Sabater, Sr. Management Analyst
Kori Benton, Planning & Zoning Manager
Daniel Ramos, Community Services Assistant Director
Linda Hudson, City of Fort Pierce Mayor
Jennifer Hance, Community Services Director
Michael Jerihan, Building Inspector
Sydney Halleran, Agenda Coordinator
Vera Smith, Deputy Clerk Recording Secretary
2. GENERAL PUBLIC COMMENT
Chair Clasby opened the meeting for public comment at this time. With no one wishing to address the
Board, Chair Clasby 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 2 Larry Leet
SECONDER: Commissioner District 4 Jamie Fowler
Page 5 of 82
Erosion District Meeting Tuesday, September 16, 2025 9:01 AM
AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry
NAYS: None
EXCUSED: Cathy Townsend
A. Board of County Commissioners minutes for the Erosion District Meeting of August 19, 2025.
B. Board of County Commissioners minutes for the Special Erosion District Meeting of September 2,
2025.
4. CONSENT AGENDA
A motion was made to adopt the consent agenda, and it passed unanimously.
RESULT:
APPROVE
MOVER:
Commissioner District 2 Larry Leet
SECONDER:
Commissioner District 3 Erin Lowry
AYES:
Jamie Fowler, Larry Leet, James Clasby, Erin Lowry
NAYS:
None
EXCUSED:
Cathy Townsend
A. WARRANTS
1. Warrant Lists 46, 48, and 49
Adopted by Consent Vote
5. REGULAR AGENDA
There were no items scheduled.
6. MOTION TO ADJOURN
With no other information to be brought for consideration before the Board, the meeting was adjourned
at 9:04 AM.
Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court
and Comptroller, which are available for inspection upon request.
2 1 p„
Page 6 of 82
09/12/25 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #50- 06-SEP-2025 TO 12-SEP-2025
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 237,871.24
GRAND TOTAL: 237,871.24
PAGE 1
PAYROLL
8,204.00
8,204.00
Page 7 of 82
09/25/25 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #51- 13-SEP-2025 TO 19-SEP-2025
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 2,126.53
GRAND TOTAL: 2,126.53
PAGE 1
PAYROLL
0.00
0.00
Page 8 of 82
09/26/25 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #52- 20-SEP-2025 TO 26-SEP-2025
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 0.00
GRAND TOTAL: 0.00
PAGE 1
PAYROLL
8,404.00
8,404.00
Page 9 of 82
10/03/25 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #53- 27-SEP-2025 TO 03-OCT-2025
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 308.72
GRAND TOTAL: 308.72
PAGE 1
PAYROLL
0.00
0.00
Page 10 of 82
10/10/25 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #54- 04-OCT-2025 TO 10-OCT-2025
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 6,718.40
GRAND TOTAL: 6,718.40
PAGE 1
PAYROLL
5,742.80
5,742.80
Page 11 of 82
10/10/25 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #2 - 04-OCT-2025 TO 10-OCT-2025
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 0.00
GRAND TOTAL: 0.00
PAGE 1
PAYROLL
2,561.92
2,561.92
Page 12 of 82
TO:
PRESENTED BY
SUBMITTED BY:
SUBJECT:
BACKGROUND:
2025-5689
DATE: 10/21/2025
AGENDA REQUEST
Erosion District
Joshua Revord, Port, Inlet & Beaches Director
Port, Inlet & Beaches
Amendment No. 02 to Work Authorization No. 12 (Taylor Engineering) — 2025/26
Ft. Pierce Shore Protection Project — Construction Administration Services
Work Authorization No. 12 (Taylor Engineering) was executed administratively on September 17, 2024
($47,454.00) to provide construction administration services during the proposed 2024/25 Ft. Pierce Shore
Protection Project. Unfortunately, the United States Army Corps of Engineers (USACE) was unable to award a
contract for the proposed project (after two failed attempts), which resulted in an unanticipated delay of
regularly -scheduled federal beach construction. As a result, an emergency truck haul beach project was
required and completed by the County (as an interim measure), while the USACE began reformulating a bid
package for a future solicitation during the FY-2025/26 dredge season. A rebid of the federal project was
ultimately solicited in June 2025, and on August 19, 2025, the USACE opened bids for the federal Ft. Pierce
Shore Protection Project. The USACE has since moved forward with awarding a contract to the apparent low
bidder, and construction is anticipated to commence in the Winter of 2025/Spring of 2026.
Amendment No. 02 of Work Authorization No. 12 (Taylor Engineering) refreshes the previously approved
scope of work for construction administrative services and includes additional pre and during -construction
services that will be required during construction to protect County interest(s) and ensure USACE construction
is consistent with the County's FDEP permit. The additional services were pre -approved by FDEP for grant
cost -sharing on October 30, 2024.
PREVIOUS ACTION:
September 15, 2020 — Board proffers a contract to Taylor Engineering, Inc. (C20-09-772) for Coastal
Engineering with Environmental Support Services. (RFQ 20-042)
September 17, 2024 — Work Authorization No. 12 executed with Taylor Engineering for construction
administrative services associated with the proposed FY-2024/2025 Ft. Pierce Shore Protection Project.
October 30, 2024 — FDEP approval of Work Authorization No. 12 with Taylor Engineering for grant cost -
sharing.
October 30, 2024 — USACE bid opening for the FY-2024/2025 consolidated Ft. Pierce Shore Protection and Ft.
Pierce Inlet Operations & Maintenance Dredging Projects. No bids received. The USACE committed to
repackaging/resoliciting the Fort Pierce Shore Protection Project before the FY-2024/2025 beach construction
window closes.
Page 13 of 82
January 21, 2025 — USACE bid opening for the rebid FY-2024/2025 Ft. Pierce Shore Protection Project — Bids
were received but well above the anticipated cost of construction; no contract awarded.
April 1, 2025 — Amendment No. 01 for Work Authorization No. 12 with Taylor Engineering approved
administratively, extending the expiration date for the effort through December 31, 2025.
August 19, 2025 — USACE bid opening for the FY-2025/2026 Ft. Pierce Shore Protection Project — Bids were
received and USACE requested additional non-federal funding for the project because of higher -than -
expected bids.
September 19, 2025 — USACE contract awarded to Manson Construction for the Placement of 400K Cubic
Yards.
FINANCIAL IMPACT:
Additional services proposed in Amendment No. 02 to Work Authorization No. 12 (Taylor Engineering, Inc.)
require an additional $6,726.00, adjusting the total cost of the proposed construction administrative services
from $47,454.00 to $54,180.00. Funding for the proposed effort is partially funded (50% - $27,090.00) with
grant funds previously secured in FDEP Grant 22SL1 (Fund No. 184239). The remaining balance of funding,
including the additional 50% local match ($3,363.00) required, was previously secured from the Erosion
District Reserves (184-9910-599300-910000).
RECOMMENDATION:
Staff recommends Board approval of Amendment No. 02 to Work Authorization No. 12 with Taylor
Engineering, requiring an additional $6,726.00, bringing the total cost of proposed construction administrative
services for the proposed 2025/26 Ft. Pierce Shore Protection Project to $54,180.00, and authorization for the
Chair to sign documents as approved by the county attorney. This item is in accordance with the Strategic
Initiatives ES 6.1.3 and ES 6.1.4.
COMMISSION ACTION:
RESULT:
MOVER:
None
SECONDER:
None
AYES:
None
NAYS:
None
EXCUSED:
None
Coordination/Signatures
Date: September 25, 2025
Joshua Revord, Port, Inlet & Beaches Director
Date: September 30, 2025
Jennifer Hill, Office of Management & Budget Director
Page 14 of 82
i Y
!`
Date: September 30, 2025
Katherine Barbieri, Interim County Attorney
Date: October 13, 2025
Mayte Santamaria, Deputy County Administrator
Page 15 of 82
SECOND AMENDMENT TO WORK AUTHORIZATION NO. 12
CONTRACT C20-09-772
COASTAL ENGINEERING SERVICES
THIS SECOND AMENDMENT is made as of the day of 2025,
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, on September 17, 2024, the parties executed work authorization no. 12 for the project
known as "2025 Fort Pierce Shore Protection Project Construction Administration Services"; and,
WHEREAS, on April 1, 2025, the parties executed the first amendment to the work authorization
to extend the completion date of the project; and,
WHEREAS, the parties desire to further amend the work authorization to modify the scope of
services, increase the compensation and extend the completion date of the project.
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:
SERVICES:
The County has determined that it would like to utilize the services of the Consultant in the
completion of the Project, to provide additional professional engineering services for the Project under
the pricing, terms and conditions of the continuing contract (C20-09-772). The additional 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.
COMPENSATION:
The cost to perform all additional services as described in the attached Scope of Services shall not
exceed a total amount of $6,726.00 (six thousand seven hundred twenty-six and 00/100 dollars) as further
detailed in the Exhibit "A" for a total work authorization amount not to exceed $54,180.00 (fifty-four
Page 1 of 3
Page 16 of 82
thousand one hundred eighty and 00/100 dollars). 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.
3. CONTRACT DOCUMENT:
Except as amended hereby, all the original terms and conditions in the original work authorization
and the Continuing Contract shall remain in full force and effect. Any conflict between the terms and
conditions of the Exhibit "A" and the terms and conditions of the Continuing Contract, shall be interpreted
in favor of the Continuing Contract.
4. 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 July 31, 2026.
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.
Page 2 of 3
Page 17 of 82
IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective the date first
written above.
ST. LUCIE COUNTY EROSION DISTRICT
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY: BY:
DEPUTY CLERK
CHAIR
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
TAYLOR ENGINEERING, INC.
BY:
PRINT NAME:
PRINT TITLE:
DATE:
Page 3 of 3
Page 18 of 82
2025/2026 Fort Pierce Shore Protection Project
Construction Administration Services Amendment 1 (P2024-126)
Page 1 of 2 Exhibit A
Scope of Services
for
2025/2026 Fort Pierce Shore Protection Project Construction Administration Services
St. Lucie County, Florida
The U.S. Army Corps of Engineers (USACE) plans to commence the next nourishment of the Fort Pierce
Shore Protection Project (SPP) during early 2026. With the intent of verifying that the USACE, as project
construction administrator, fulfills St. Lucie County's obligations as "Permittee" under FDEP Permit No.
0327791-001-JC and constructs the project in compliance with permit conditions and the authorized project
design, Taylor Engineering, Inc. will provide St. Lucie County with pre -construction and construction
administration and observation support services as detailed below.
Task 1 — Pre -Construction Permit Submittals
In addition to the previous scope of services, Taylor Engineering will provide St. Lucie County with pre -
construction services, coordinating with USACE and attending monthly project meetings until construction
begins.
Task 2 — Construction Observation
In addition to the previous scope of services, we have included additional time for coordination outside
of the weekly progress meetings, as is typically required during project execution.
Deliverables
Upon completion of the project, we will prepare a summary report of our construction administration
activities and compile all available project related reports, meeting minutes, and submittals.
Deliverable A Pre -construction submittals
Deadline: May 31, 2026.
Deliverable B Construction administration
Deadline: July 31, 2026.
surnmary memo; Total cost increase: $4,296.00;
summary report; Total cost increase: $2,430.00;
We will perform these services for a lump sum fixed price increase of $6,726.00. Exhibit B provides an
estimated breakdown of this cost. Our budget assumes that project construction will require 60 days from
the commencement of dredging. Note that we may require additional fees if additional onsite visits are
required to solve unanticipated problems, or if construction lasts longer than the assumed 60-day period.
END OF SCOPE OF SERVICES
s
Page 19 of 82
2025/2026 Fort Pierce Shore Protection Project
Construction Administration Services Amendment 1 (P2024-126)
Page 2 of 2
TAYLOR ENGINEERING, INC.
COST INCREASE BY TASK
P2024-126: FORT PIERCE SPP 2025/2026 CONSTRUCTION
ADMINISTRATION SERVICES
Labor
Hours
Cost ($) Task Totals
Program Manager
12.0
2,532.00
Project Professional
12.0
1,764.00
Total Increase in Labor Hours
24.0
Total Increase in Labor Cost
4,296.00
Labor
Hours
Cost ($) Task Totals
Program Manager
4.0
844.00
Senior Professional
4.0
780.00
Project Professional
4.0
588.00
Staff Professional
2.0
218.00
Total Increase in Labor Hours
14.0
Total Increase in Labor Cost
2,430.00
Exhibit B
$
Page 20 of 82
TO:
PRESENTED BY
SUBMITTED BY:
SUBJECT:
BACKGROUND:
2025-5740
DATE: 10/21/2025
AGENDA REQUEST
Erosion District
Joshua Revord, Port, Inlet & Beaches Director
Port, Inlet & Beaches
FDEP Grant Agreement 26SL1— Fort Pierce Hurricane Ian and Nicole Recovery
Project
The Florida Legislature appropriated $100,000,000.00 during the 2022 Special Session to provide financial
assistance to local governments and private landowners impacted by the passing of Hurricanes Ian and Nicole.
The Hurricane Restoration Reimbursement Grant Program (HRRGP) was subsequently created, and these
funds were identified for beach recovery. The distribution of those funds was to be based on the state's
Hurricanes Ian and Nicole Recovery Plan for Florida's Beach and Dune System.
On March 12, 2025, the Ft. Pierce Beach Emergency Truck Haul Project was initiated, which ultimately placed
+/- 95,000 cubic yards of sand along the first 2,000 feet of beach immediately south of Ft. Pierce Inlet. The
emergency project was in response to the US Army Corps of Engineers (USACE) inability to execute a contract
for the regularly scheduled 2024/2025 federal beach nourishment project. The total cost of the emergency
project was $4,057,758.00 and the project was completed in May 2025. The project was funded with Erosion
District Reserves and staff (at the time) intended on pursuing future grant opportunities to partially reimburse
the County for the cost of the emergency effort.
Effective July 1, 2025, FDEP's Hurricane Restoration Reimbursement Grant Program (HRRGP) was extended by
the state legislature through new Emergency Rule 62ER25-1 (previously Emergency Rule 62ER24-2), which
authorized local governments in the 16 Hurricane Ian and Nicole impacted counties to apply for funding
reimbursement for large scale sand placement projects that protect multiple upland owners. Grant award was
set at 100 % of eligible cost, with no local match requirement. The balance of available funding in the program
for FY-2025/2026 was expected to be approximately $6.85 million and grant awards were to be distributed on
a first -come, first -served basis. Eligible work for reimbursement must have occurred between July 7, 2024,
and July 1, 2026.
PIB staff submitted a grant application for the balance of funding made available through FDEP's 2025/2026
HRRGP on July 7, 2025, and was notified on July 8, 2025, that our application was approved.
PREVIOUS ACTION:
Page 21 of 82
February 18, 2025 — Board approval of the 2025 Ft. Pierce Beach Emergency Truck Haul project, including the
placement of +/- 95,000 cubic yards of sand south of Fort Pierce Inlet. Including a construction contract with
Dickerson Infrastructure Inc. ($3,948,610.00) and Construction Administrative Services from Taylor
Engineering ($109,148.00). Funded with Erosion District Reserves. (Agenda Item 2025-3118)
July 7, 2025 — FDEP grant application submitted for Hurricane Restoration Reimbursement Grant Program
(HRRGP).
July 8, 2025 — FDEP email notification of award for 100% HRRGP funding reimbursement.
August 26, 2025 — Draft FDEP Grant Agreement 26SL1 was provided to PIB Staff.
FINANCIAL IMPACT:
FDEP Project Agreement 26SL1 (Fund No. 184243) includes 100% reimbursement from the State (up to
$4,057,758.00) for Post Hurricanes Ian and Nicole recovery efforts at Fort Pierce Beach. This grant is a
reimbursement grant for the previously completed 2025 Emergency Truck Haul effort and will replace funds
previously used out of the Erosion District Fund (184-3710-546340-3630).
RECOMMENDATION:
Staff recommends Board approval of the Florida Department of Environmental Protection (FDEP) Project
Agreement 26SL1, along with a supporting Budget Resolution (to be prepared separately by OMB), and
authorization for the Chair to sign documents as approved by the county attorney. This item is in accordance
with the Strategic Initiatives FCT 1.5.1.
COMMISSION ACTION:
RESULT:
MOVER:
None
SECONDER:
None
AYES:
None
NAYS:
None
EXCUSED:
None
Coordination/Signatures
Date: September 25, 2025
Joshua Revord, Port, Inlet & Beaches Director
Date: September 30, 2025
Jennifer Hill, Office of Management & Budget Director
Date: September 30, 2025
Katherine Barbieri, Interim County Attorney
Page 22 of 82
Date: October 13, 2025
Mayte Santamaria, Deputy County Administrator
Page 23 of 82
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes:
1. Project Title (Project): Agreement Number:
Fort Pierce Hurricane Ian and Nicole Recovery Project 26SL1
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 (Department)
Grantee Name: St. Lucie County Erosion District Entity Type: Local Government
Grantee Address: FEID: F59-6000835
1001 Harbor St. Fort Pierce, Florida 34950
(Grantee)
3. Agreement Begin Date: Date of Expiration:
7/l/2024 6/30/2026
4. Project Number: Project Location(s):
(If different from Agreement Number) St. Lucie County
Project Description:
The project consists of Construction.
5. Total Amount of Funding:
$4,057,758.00
Funding Source?
Award #s or Line -Item Appropriations:
Amount per Source(s):
0 State ❑Federal
FY 2025-2026 Rule 62ER25-1
$4,057,758.00
❑ State ❑Federal
$
❑ State ❑Federal
$
❑ Grantee Match
$
Total Amount of Funding + Grantee Match, if any: $ 4,057,758.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Eric Massa Name: James A. Beams
or successor
Address: Beach Management Funding Assistance
2600 Blair Stone Road, MS 43601
Tallahassee, Florida 32399
Phone: 850-245-7601
or successor
Address: 1001 Harbor Street
Fort Pierce, Florida 34950
Phone: 772-462-6735
Email: Eric.Massa@FloridaDEP.gov Email: James.A.Beams@stlucieco.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
0 Attachment 2: Special Terms and Conditions
0 Attachment 3: Grant Work Plan
0 Attachment 4: Public Records Requirements
0 Attachment 5: Special Audit Requirements
❑ Attachment 6: Program -Specific Requirements
❑ Attachment 7: Grant Award Terms (Federal) *Copy available at httl2s://facts.fldfs.com, in accordance with section 215.985, F.S.
❑ Attachment 8: Federal Regulations and Terms (Federal)
❑ Additional Attachments (if necessary):
0 Exhibit A: Progress Report Form
❑ Exhibit B: Property Reporting Form
0 Exhibit C: Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements
❑ Exhibit E: Advance Payment Terms and Interest Earned Memo
❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 (State)
DEP Agreement No. 26SL I
Pav96'N'$f 82
❑ Exhibit H: Non -Profit Organization Compensation Form (State)
❑ Exhibit I: Forced Labor Attestation Form
❑ Additional Exhibits (if necessary):
S. I The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a 1 :
Federal Award Identification Numbers (FAIN):
Unique Entity Identifier (UEl):
Federal Award Date to Department:
Federal Award Project Description:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D?
❑ Yes ❑N/A
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless
another date is specified in the grant documents.
St. Lucie County Erosion District
Grantee Name
(Authorized Signature)
Print Name and Title of Person Signing
GRANTEE
Date Signed
State of Florida Department of Environmental Protection DEPARTMENT
Secretary or Designee
Print Name and Title of Person Signing
�✓ Additional signatures attached on separate page.
Date Signed
DEP Agreement No. 26SL 1
Pa°98'A'df 82
ORCP Additional Signatures
DEP Grant Manager
DEP QC Reviewer
Local Sponsor may add additional signatures if needed below.
Page 26 of 82
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. if the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement;
(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; and/or
(5) any changes to the terms and conditions of the Agreement other than the specific instances enumerated below
when a change order may be used.
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
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execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
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 subrecipients 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
perfonnance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All OAPs must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
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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
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-
agenci es/reference-guide-for-state-expenditures.pdf.
e. 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 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 invoice payments 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 planning-and-development/rural-community program s/rural-areas-of-
onbortunitX.
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 Grantee meets the definition of a non-profit
organization under section 215.97(2)(m), F.S., Grantee must provide the Department with documentation that
indicates the amount of state funds:
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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.
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.
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 Grantee's website, if Grantee 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:
hops://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 funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual/Subaward Costs (Subcontractors/Subrecipients). Match or reimbursement requests for payments to
subcontractors/subrecipients must be substantiated by copies of invoices with backup documentation identical to
that required from Grantee. Subcontracts/subawards 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/subrecipient 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/subaward is subject
to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code
(F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. For grants funded with federal funds, nonconsumable
and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a
subcontract/subaward is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for
maintaining appropriate property records for any subcontracts/subawards that include the purchase of equipment
as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts/subaward issued under this Agreement, if any, impose this requirement, in writing, on its
subcontractors/subrecipients.
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i. For fixed -price (vendor) subcontracts/subawards, the following provisions shall apply: The Grantee
may award, on a competitive basis, fixed -price subcontracts/subawards to consultants/contractors
in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to
Department for fixed -price subcontracted/subawarded activities shall be supported with a copy of
the subcontractor/subrecipient'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/subaward. The Grantee may request
approval from Department to award a fixed -price subcontract/subaward resulting from procurement
methods other than those identified above. In this instance, Grantee shall request the advance written
approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of
request shall be supported by a detailed budget and Scope of Services to be performed by the
subcontractor/subrecipient. Upon receipt of Department Grant Manager's approval of the fixed -
price amount, Grantee may proceed in finalizing the fixed -price subcontract/subaward.
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 grants funded fully or in part with state funds, equipment is defined as capital
outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay
costing $10,000 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/subrecipient. 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/subrecipient,
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.
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b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Subrecipients and/or Subcontractors. The Grantee shall require its subrecipients
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 subrecipients 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. Subrecipients 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 tennination 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 perfonned 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.
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e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 1 l 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
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of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors/subrecipients or suppliers if no alternate source of supply is available to Grantee.
In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential
delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay
first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchase 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, and
subcontractors/subrecipients 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, and subcontractors/subrecipients; 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
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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/Subawards.
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/subrecipient 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/subawards with private organizations issued as a
result of this Agreement.
b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Development, 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/subawards issued as a result of this Agreement.
b. The Grantee, its subrecipients, subcontractors and agents must also comply with the following civil rights laws
and regulations:
i. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted
programs on the basis of race, color, or national origin in the delivery of services or benefits);
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ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting
discrimination on the basis of sex in the delivery of services or benefits under the Federal Water
Pollution Control Act as amended);
iii. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs
on the basis of disability, both in employment and in the delivery of services and benefits);
iv. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis
of age in the delivery of services or benefits);
V. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972
Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of
1973);
vi. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, Sections 760.01, 760.11 and 509.092, F.S.),
including Part 1, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex,
pregnancy, national origin, age, handicap, or marital status).
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
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 constrarction 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
hifrastructure 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.
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The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
https://www.epa.gov/invest/investing-america-signage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
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
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 or subawarded, Grantee shall similarly require each
subcontractor/subrecipient 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 tiles 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: http://dos.myflorida.com/library-archives/records-mana eg ment/genera]-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 subrecipients and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its subrecipients 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:
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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\aps.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
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/Subawards.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
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b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor/subrecipient, 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/subrecipient, 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/subaward. The Department shall not be liable to any subcontractor/subrecipient for any expenses or
liabilities incurred under any subcontract/subaward, and Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under any subc ontract/sub award.
e. The Department will not deny Grantee's employees, subcontractors/subrecipients, or agents access to meetings
within the Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting
the Office of Supplier Development at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor/subrecipient at any tier, and if the cause of the default is completely beyond the
control of both Grantee and the sub c ontractor(s)/subrecipient(s), and without the fault or negligence of either,
unless the subcontracted/subawarded 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/subaward, 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.
37. Grantee's Employees, Subcontractors/Subrecipients and Agents.
All Grantee employees, subcontractors/subrecipients, or agents performing work under the Agreement shall be
properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall
funiish a copy of technical certification or other proof of qualification. All employees, subcontractors/subrecipients,
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
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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. Disclosure of Gifts from Foreign Sources.
If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current
or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in
section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest
existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years.
Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or
grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the
date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or
controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above,
then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the
Department of Financial Services.
41. Food Commodities.
To the extent authorized by federal law, the Department, its grantees, contractors and subcontractors/subrecipients
shall give preference to food commodities grown or produced in this state when purchasing food commodities,
including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state
or as processed by a farm operation or processor for the purpose of marketing such product.
42. Anti -human Trafficking.
If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an
officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for
labor or services as defined in section 787.06, F.S.
43. Iron and Steel for Public Works Projects.
If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to
be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the
United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines
that any of the following circumstances apply to the Project:
(1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably
available, or of satisfactory quality;
(2) the use of iron or steel products produced in the United States will increase the total cost of the project by more
than twenty percent (20%); or
(3) complying with this requirement is inconsistent with the public interest.
Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if:
(1) such materials are incidental or ancillary to the primary product and are not separately identified in the project
specifications; and
(2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one -tenth of one percent (1 %)
of the total Project Cost under this Agreement or $2,500, whichever is greater.
Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other
appurtenances related to an electrical system that are necessary for operation or concealment (excepting
transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from
the requirements of this paragraph.
This provision shall be applied in a manner consistent with and may not be construed to impair the state's
obligations under any international agreement.
44. Complete and Accurate information.
Grantee represents and warrants that all statements and information provided to DEP are current, complete, and
accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits.
45. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
14 of 14
Rev. 7/2/2025
Page 40 of 82
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.26SLI
ATTACHMENT 2
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 Fort Pierce Hurricane Ian and Nicole Recovery Project. The Project
is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Cateaw
❑ ❑ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
❑ ❑ a. Fringe Benefits, N/A.
❑ ❑ b. Indirect Costs, N/A.
® ❑ Contractual/Subaward (Subcontractors/Subrecipients)
❑ ❑ 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
1 of 3
Rev. 7/01/25
Page 41 of 82
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/Subawards.
The Grantee may subcontract/subaward work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed -price subcontracts/subawards pursuant to this Agreement,
which require prior approval. The Grantee shall submit a copy of the executed subcontracts/subaward to the
Department prior to submitting any invoices for subcontracted/subawarded work. Regardless of any
subcontract/subaward, 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/subawards with a common carrier — finn/person/corporation that as a regular
business transports people or commodities from place to place. If applicable, Contractor/Subrecipient
must also fill out and return PUR 1808 before contract/subaward execution. If Contractor/Subrecipient is a
common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this
Agreement immediately if Contractor/Subrecipient is found to be in violation of the law or the attestation
in PUR 1808.
Attachment 2
2 of 3
Rev. 7/01/25
Page 42 of 82
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. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity
This agreement does not provide federal or state financial assistance to a county or municipality that is a rural
community or rural area of opportunity as those terms are defined in s. 288.0656(2).
16. Additional Terms.
None.
Attachment 2
3 of 3
Rev. 7/01/25
Page 43 of 82
ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Fort Pierce Hurricane Ian and Nicole Recovery Project
PROJECT LOCATION: The Fort Pierce Hurricane Ian and Nicole Recovery Project is located between
Department of Environmental Protection (Department or DEP) reference monuments R34 and R41 along
the Atlantic Ocean in St. Lucie County, Florida.
PROJECT BACKGROUND: The project shoreline sustained beach and dune erosion from Hurricane Ian
and Hurricane Nicole. As of July 1, 2025, eligible projects under Emergency Rule 62ER25-1, Florida
Administrative Code (F.A.C.), can receive reimbursement for completed work efforts between 7/l/2024
and 6/30/2025 for Hurricane Ian and Nicole Recovery with a waived local match.
PROJECT DESCRIPTION: The Project consists of construction.
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 $4,057,758.00 for this Project or up to 100 percent of the non-federal Project cost, if applicable, for
the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is
an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that
eligibility for cost sharing purposes will be maintained pursuant to 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(l)(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:!lfl�>ridade . ov/srt:es/defaa�lt/lnleslPh sicalC�onitornnStandards. dE`
One (l) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
Acronyms:
DEP — Florida Department of Environmental Protection
DEP Agreement No. 26SL1, Attachment 3, Page 1 of 3
Page 44 of 82
F.A.C. — Florida Administrative Code
F.S. — Florida Statutes
TASKS and DELIVERABLES:
The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized
by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be
completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work
and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager
to be included into this work plan for reimbursement.
Task 1: Construction
Task Description: This task includes work performed and costs incurred associated with the placement of
fill material and/or the construction of erosion control structures within the Project area. Project costs
associated with eligible beach and inlet construction activities include work approved through construction
bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, physical and environmental
surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization
measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and
all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal
regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement
under this task.
Deliverable: Certification of Completion by a Florida -registered Professional Engineer with
documentation of submittal to the Department affirming the construction task was completed in accordance
with construction contract documents. For interim payment requests, a Task Summary Report signed by
Local Sponsor must be submitted detailing activities completed during the payment request period. The
Task Summary Report must include the dates and descriptions of all activities, surveys and reports
completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Estimated Eligible Project Cost
State
Fe de ral
Task #
Eligible Project Tasks
Cost
Share
Estimated
Project
DEP
Local
Total
(%)
Costs
1
Construction
100.00%
$0.00
$4,057,758.00
$0.00
$4,057,758.00
TOTAL PROJECT COSTS
$0.00
$4,057,758.00
$0.00
$4,057,758.00
DEP Agreement No. 26SL1, Attachment 3, Page 2 of 3
Page 45 of 82
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding deliverable due date.
Task
Task Start
Deliverable
Task Title
Budget Category
Budget Amount
No.
Date
Due Date
1
Construction
Contractual Services
$4,057,758.00
07/01/2024
03/30/2026
Total:
$4,057,758.00
DEP Agreement No. 26SL1, Attachment 3, Page 3 of 3
Page 46 of 82
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution and section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public. servicesgfloridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of 1
Rev. 4/8/2024
Page 47 of 82
aKIN 0"9WIm1117:1
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department", 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART L• FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or
program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT
1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection
by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider
all sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an
audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the
audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient
resources obtained from non-federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at https://sam.gov/content/assistance-listings.
Attachment 5
1 of 6
BGS-DEP 55-215 Revised 7/1/25
Page 48 of 82
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(1)(n), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project -specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and the current Rules of the Auditor
General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of
Environmental Protection by this agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial
assistance received from the Department of Environmental Protection, other state agencies, and other
nonstate entities. State financial assistance does not include federal direct or pass -through awards and
resources received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and the current Rules of the
Auditor General.
If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.coin/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.Ieg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.mytlorida.com/,
Department of Financial Services' Website at https://www.myfloridacfo.com/ and the Auditor General's
Website at http://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
_funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5
2 of 6
BGS-DEP 55-215 Revised 7/1/25
Page 49 of 82
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient drr ectly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit e dep.state.fl.us
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (http://flauditor.gov� provides instructions for filing an
electronic copy of a financial reporting package.
Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAuditCa)dep.state. fl.us
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and the current Rules of the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or the current Rules of the Auditor
Attachment 5
3 of 6
BGS-DEP 55-215
Revised 7/1 /25
Page 50 of 82
General, should indicate the date and time the reporting package was delivered to the recipient and any
correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5
4of6
BGS-DEP 55-215
Revised 7/1 /25
Page 51 of 82
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
QUARTERLY PROJECT PROGRESS REPORT
Name of Project: Fort. Pierce Hurricane Ian and Nicole Recovery Project
Local Sponsor: St. Lucie County
DEP Agreement Number: 26SLI
Report Year: Report Period (select one):
Q 1: Jan — Mar 31 ❑ Q2: Apr — Jun 30 ❑ Q3: Jul — Sep 30 ❑ Q4: Oct — Dec 31
For each task, include the following information: Describe the work performed during the reporting
period (including percent of task completed to date), problems encountered, problem resolutions,
scheduled updates, and proposed work for the next reporting period. (Use additional pages, if needed).
Task l:
Task 2:
Task 3:
Task 4:
DEP Agreement No. 26SL1, Exhibit A, Page 1 of 1
Page 54 of 82
EXHIBIT C
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT
PART 1— PAYMENT SUMMARY
Name of Project: Fort Pierce Hurricane Ian and Nicole Recovery Project
Local Sponsor: St. Lucie County
DEP Agreement Number: 26SL1
Remittance Mailing Address:
Billing Number_
Billing Type: ❑ Interim Billing
Costs Incurred This Payment Request:
Federal Share* State Share
*if applicable, check box below:
❑ FEMA ❑ USACE
Cost Summary:
State Funds Obligated
Less Advance Pay
Less Previous Payment
Less Previous Retained
Less This Payment
Less This Retainage
State Funds Remaining
❑ Final Billing
Local Share Total
Local Funds Obligated
Less Advance Pay
Less Previous Credits
$
Less This Credit
Local Funds Remaining
Q
DEP Agreement No. 26SL1, Exhibit C, Page I of 6
Page 55 of 82
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(6
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT
PART 3 — INVOICE REPORT
Name of Project: Fort Pierce Hurricane Ian and Nicole Recovery Project
Local Sponsor: St. Lucie County
DEP Agreement Number: 26SL1
Billing Number:
Billing Period:
(Describe progress accomplished during the billing period, including statement(s) regarding percent of task completed to
date.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this invoice billing period:
Identify any delays or problems encountered:
DEP Agreement No. 26SL1, Exhibit C, Page 3 of 6
Page 57 of 82
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT
PART 4 — CERITIFICATION OF DISBURSEMENT REQUEST
Name of Project: Fort Pierce Hurricane Ian and Nicole Recovery Project
Local Sponsor: St. Lucie County
DEP Agreement Number: 26SL1
Billing Number:
Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local
Sponsor; that payment from the State Government has not been received; that the work and/or services are
in accordance with the Department of Environmental Protection, Beach Management Funding Assistance
Program's approved Project Agreement including any amendments thereto; and that progress of the work
and/or services are satisfactory and are consistent with the amount billed. The disbursement amount
requested on Page 1 of this form is for allowable costs for the project described in the Attachment 3, Grant
Work Plan.
I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers,
copies of checks, and other purchasing documentation are maintained as required to support the cost
reported above and are available for audit upon request.
Name of Project Administrator
Name of Project Financial Officer
Signature of Project Administrator Date
Signature of Project Financial Officer
Date
DEP Agreement No. 26SL1, Exhibit C, Page 4 of 6
Page 58 of 82
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT
PART 5 — COMPLETION CERTIFICATION
Name of Project: Fort Pierce Hurricane Ian and Nicole Recovery Project
Local Sponsor: St. Lucie County
DEP Agreement Number: 26SL1
Billing Number:
Task Completion ❑ (List Tasks)
Agreement Completion ❑Yes ❑No
Certification: I hereby certify that the above -mentioned project task(s) has been completed in accordance
with the Project Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL
SPONSOR, and all funds expended for the project were expended pursuant to this Agreement. All unused
funds and interest accrued on any unused portion of advanced funds which have not been remitted to the
DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT
within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced
to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days
after the final federal accounting has been completed.
NOTE: Only submit Part 5 — Completion Certification if a Task, or the Project, is complete.
Name of Project Manager
Signature of Project Manager Date
DEP Agreement No. 26SL1, Exhibit C, Page 5 of 6
Page 59 of 82
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT
PART 6 — ENGINEER'S CERTIFICATION OF PAYMENT REQUEST
ONLY SUBMIT IF CONSTRUCTION IS PART OF THE REIMBURSEMENT REQUEST
I, being the Professional Engineer retained by
(name of Professional Engineer)
and responsible for overseeing construction of the Project
(name of Grantee)
described in the Agreement and do hereby certify that for DEP Agreement No. and Payment Request No
1. All permits and approvals required for the construction, which is underway, have been obtained.
2. Payment is in accordance with construction contract provisions.
3. Construction up to the point of this payment request is in compliance with the approved plans and permits.
4. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased
or received and applied to the project in accordance with construction contract documents filed with and previously
approved by the Department of Environmental Protection.
Professional Engineer (Physical Signature Required)
Firm or Affiliation
(Date) (P.E. Number)
DEP Agreement No. 26SL1, Exhibit C, Page 6 of 6
Page 60 of 82
Joshua Revord
From:
Irving, John <John.lrving@FloridaDEP.gov>
Sent:
Tuesday, July 8, 2025 12:08 PM
To:
James A. Beams; Joshua Revord
Cc:
Massa, Eric; Mauch, Cali; Keillor, Gracen
Subject:
Notification of Award for FY25-26 HRRG
° i::CU I"T"Y WARNING: This email originated from outside the County systems. Please show caution when
clicking links or opening attachments unless you recognize the sender and know the content is safe.
Good Morning All,
The St. Lucie County Erosion District FY25-26 HRRG application and invoice request is eligible for grant award in the
amount of $4,057,758.00.
At this stage, we will begin drafting a new agreement to process the HRRG reimbursement. Once the agreement
becomes fully executed, please work with Eric to ensure the scopes of work and deliverables (which are already within
the uploaded materials) have been submitted and approved pursuant to the grant agreement, at which point we can
process the submitted invoices in the format of the typical FDEP BMFA Exhibit C Request for Payments.
If you have any additional questions in the meantime, please do not hesitate to reach out.
Thank you,
John Irving, MSc.
Environmental Administrator
Florida Department of Environmental Protection
Office of Resilience and Coastal Protection
Beach Management Funding Assistance Program
:Dohn,,.[.rYin c IF=1loiriidal[::Dlf:::lf . ov
Office: 850-245-8355
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Page 61 of 82
5.A.1.
TO:
PRESENTED BY
SUBMITTED BY:
SUBJECT:
BACKGROUND:
2025-3118
DATE: 2/18/2025
AGENDA REQUEST
Erosion District
Joshua Revord, Port, Inlet & Beaches Director
Port, Inlet & Beaches
2025 Ft. Pierce Beach Emergency Truck Haul (+/- 95,000 Cubic Yards of Upland
Sand) - ITEM AMENDED
Long-term monitoring efforts and frequent observation(s) have shown that chronic and aggressive erosion
occurs along the northernmost segment of Fort Pierce Beach (the northern 2,000 linear feet of the 1.3-mile
federal beach project area). Given this fact, the U.S. Army Corps of Engineers (USACE) typically works with the
County to plan beach nourishment events every two (2) years, per the County/USACE Project Cooperation
Agreement (PCA). This frequency ensures protection of the adjacent upland areas and limits the level of risk
associated with future storm/hurricane events. In some situations, the USACE is unable to regularly fund a
previously planned nourishment event, or bid solicitations may be unsuccessful, or above the threshold for
the Corps to proffer a contract to the lowest bidder. In these situations, St. Lucie County is forced to consider
mitigating future risk by considering a locally funded, separate emergency beach nourishment action to
ensure temporary protection of upland development until the next project window for the federal project is
realized. This was the case in 2011 (Emergency Truck Haul, +/- 64,000 cubic yards), 2017 (F.I.N.D. beneficial -
use dredging project, +/- 74,000 cubic yards), and 2020 (Emergency Truck Haul, +/- 75,000 cubic yards) where
St. Lucie County executed emergency beach nourishment efforts to help protect upland infrastructure. In
these instances, federal projects were ultimately constructed in the following years; 2012, 2018, and 2023,
respectively.
St. Lucie County is (yet again) in a similar situation as described above, with the regularly scheduled federal
beach project unable to proceed this construction window. On October 30, 2024, the USACE received no bids
for the consolidated Operation & Maintenance Dredging of Fort Pierce Inlet and the Ft. Pierce Shore
Protection Projects. Upon receiving feedback from prospective contractors, the USACE de -coupled the two
projects and re -solicited bids for the Ft. Pierce Shore Protection Project alone. Unfortunately, this bid
solicitation was also unsuccessful, as bids were well above the initial cost estimate for executing a contract.
Considering this, and the historic erosional trends previously experienced during the other three (3)
emergency events recently undertaken (2011, 2017, and 2020), an Emergency Truck Haul (+/- 95,000 cubic
yards) project is proposed within the first +/- 2,000 linear feet of beach south of the south jetty. This project
will help protect the northernmost section of this highly eroded beach until the next possible federal beach
nourishment project window opens (anticipated winter 2025/Spring 2026). Sand for the emergency project
will come from an FDEP prequalified upland sand mine (Stewart Materials, Indrio Rd.) and will be trucked,
placed, and graded within the permitted construction template. Specific plans are pending and will be
Page 62 of 82
conveyed to the contractor before notice to proceed and will be consistent with our existing FDEP and USACE
permits. A copy of the draft plans for the 2020 Emergency Truck Haul project are included for general
reference purposes.
Work Authorization No. 14 (C20-09-772) with Taylor Engineering, Inc. ($109,148.00) includes those tasks
necessary to complete design, permitting, and construction oversight of the proposed 2025 Emergency Truck
Haul project at Fort Pierce Beach. Work Authorization No. 02 (C24-07-669) with Dickerson Infrastructure, Inc.
($3,948,610.00) includes those tasks necessary for the purchase, transport, and grading of up to 95,000 cubic
yards (133,000 tons) of beach quality sand for the proposed 2025 Emergency Truck Haul project at Fort Pierce
Beach. The total cost of the emergency project is currently estimated at around $4,057,758.00.
The close proximity of the current beach erosion to upland development/infrastructure at Fort Pierce Beach
warrants serious and immediate consideration. The failure to nourish this highly eroded section of Beach
before the start of the 2025 hurricane season and/or before the project specific sea turtle nesting
construction window ends (May 30, 2025) will substantially increase the risk associated with future storm
damages. For these reasons, PIB staff recommend the Board declare an emergency in association with all
aspects of the federal Fort Pierce Shore Protection Project until the next federal beach nourishment is
completed and the imminent threat of future damage to adjacent infrastructure has been abated.
Given that predicting future erosion is difficult, and highly dependent on weather, PIB staff also requests that
the Erosion District Board provide the County Administrator with specific authority to increase the volume of
sand placed during construction by up to 30,000 cubic yards (for a total project volume up to 125,000 cubic
yards), if necessity requires increased sand volume to compensate for additional erosion that may occur
between execution and completion of the project.
Photos of the experienced erosion as of 1-30-2025 are included for reference purposes.
PREVIOUS ACTION:
• September 15, 2020 — Board approval of Contract No. C20-09-772 with Taylor Engineering, Inc. for
Coastal Engineering Services.
• July 16, 2024 — Board approval of Contract No. C24-07-669 with Dickerson Infrastructure, Inc. for
Emergency Dune Restoration & Miscellaneous Beach Services.
• October 30, 2024 — USACE bid opening for the 2024/2025 consolidated Ft. Pierce Shore Protection
Project and Ft. Pierce Inlet Operations & Maintenance Dredging Project; No bids received. The USACE
to repackage and resolicit the Fort Pierce Shore Protection Project before the end of the beach
construction window.
• January 21, 2025 — USACE bid opening for the rebid 2024/2025 Ft. Pierce Shore Protection Project —
Bids were received but well above the anticipated cost of construction; no contract awarded.
FINANCIAL IMPACT:
100% of the 2025 emergency truck haul project cost at Fort Pierce Beach will come from the Erosion District
Reserves (184-9910-599300-910000). Work Authorization No. 02 with Dickerson Infrastructure, Inc. (C24-07-
669) requires $3,948,610.00 to purchase, transport, and grade up to 95,000 cubic yards (133,000 tons) of
beach quality sand and Work Authorization No. 14 (C20-09-772) with Taylor Engineering, Inc. requires
$109,148.00 to perform pre -construction and during construction engineering services for the proposed
emergency effort.
Page 63 of 82
The Erosion District will include a request in the State's FY-25/26 Beach Management Funding Assistance
Program (BMFA) application to seek reimbursement for 50% of the cost of this emergency effort.
:�X�I�]►�il►�i1�►1�L��[�LA
Staff recommends Board approval of 1) a Declaration of Emergency and the assigning of specific authority to
the County Administrator as cited above, 2) Work Authorization No. 14 with Taylor Engineering, Inc., and 3)
Work Authorization No. 02 with Dickerson Infrastructure, Inc., and authorization for the Chair to sign
documents as approved by the County Attorney.
COMMISSION ACTION:
RESULT: APPROVE
MOVER: Commissioner District 5 Cathy Townsend
SECONDER: Commissioner District 2 Larry Leet
AYES: Jamie Fowler, Larry Leet, James Clasby, Erin Lowry, Cathy Townsend
NAYS: None
EXCUSED: None
Coordination/Signatures
f r
Date: February 13, 2025
Joshua Revord, Port, Inlet & Beaches Director
Date: February 13, 2025
Jennifer Hill, Office of Management & Budget Director
r' Date: February 13, 2025
Daniel McIntyre, County Attorney
Date: February 13, 2025
Mayte Santamaria, Deputy County Administrator
Page 64 of 82
WORK AUTHORIZATION NO.02
CONTRACT C24-07-669
EMERGENCY BEACH AND DUNE RESTORATION AND MISCELLANEOUS BEACH SERVICES
THIS WORK AUTHORIZATION is made as of the day of , 2025, by
and between the ST. LUCIE COUNTY EROSION DISTRICT, a political subdivision of the State of Florida,
hereinafter referred to as the "County' and DICKERSON INFRASTRUCTURE, INC. D/B/A DICKERSON
FLORIDA, INC., hereinafter referred to as the "Contractor".
WITNESSETH:
WHEREAS, on July 19, 2022, the County entered into a Contract (Contract No. C24-07-669)
hereinafter referred to as "Contract" with the Contractor to provide continuing emergency beach and dune
restoration and miscellaneous beach services; and,
WHEREAS, pursuant to the Contract, the Contractor 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 Erosion District
Emergency Beach & Dune Restoration
Ft. Pierce Beach —Jetty Park
(hereinafter referred to as "the Project".)
2. SERVICES:
The County has determined that it would like to utilize the services of the Contractor in the
completion of the Project, to provide professional services for the Project under the pricing, terms and
conditions of the continuing contract (C27-07-669). The services to be provided by Contractor on the Project
shall be for those as outlined above and according to the schedule contained herein.
3. COMPENSATION:
The cost to perform all services as described in the attached Scope of Services shall be paid at the
unit rates and will not exceed a total amount of $3,948,610.00 (three million nine hundred forty-eight
thousand six hundred ten and 00/100 dollars), as further detailed in Exhibit "A".
Page 1 of 3
Page 65 of 82
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. Contractor shall commence work per the written Notice to Proceed and shall complete all
work prior to June 30, 2025.
C. If the work is not fully completed according to the terms of the Contract and within the time
limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable
of ascertainment or calculation, and therefore the Contractor shall pay the County, as liquidated damages, a
sum of $100.00 (one hundred and 00/100 dollars) per day for each day following the required completion
date, until the date upon which actual completion occurs.
d. 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.
e. Where any deductions from or forfeitures of payment in connection with the work of this
Contract are duly and properly imposed against the Contractor, 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 Contractor under the Contract; and when deducted, shall be deemed and taken
as payment in such amount.
f. 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.
Page 2 of 3
Page 66 of 82
IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date
first written above.
ST. LUCIE COUNTY EROSION DISTRICT
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY: BY:
DEPUTY CLERK CHAIR
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
DICKERSON INFRASTRUCTURE, INC. D/B/A DICKERSON FLORIDA, INC.
BY:
PRINT NAME:
PRINT TITLE:
Page 3 of 3
Page 67 of 82
ergoual
DICKERSON FLORIDA, INC.
Job Code:
T-7776 SLC Emergency Beach And Dune Restoration WO1
Description:
Fort Pierce Beach - Jetty Park 95,000 CY
Job Code
T-7776 SLC Emergency Beach And Dune Restoration W01
Job Description
Fort Pierce Beach - Jetty Park 95,000 CY
Proposal
Llne No. Pay Item No.
Description
Quantity unit oflileasure
Unit Pr(ce
Total Pride
Subtotal Description
3
Ic
PROVIDE SAND >50,000 TN
133,000.00 TN
16,15
2,147,950.00
22
2C
TRANSPORT & DELIVER SAND >5000 TN
133,000,00 TN
6.37
847,210.00
23
31C
MOBILIZATION & DEMOBILIZATION >5000 TN
1.00 LS
5,500.00
5,500,00
24
311C
PLACE & GRADE SAND >5000 TN
133,000.00 TN
6,65
884,450,00
25
4A
SITE RESTORATION: JETTY PARK PER WORK ORDER
1.00 LS
16,000.00
16,000.00
60
9A
MOBILIZATION & DEMOBILIZATION PER WO
1,00 LS
5,500.00
5'500.00
61
98
BEACH TILLING PER WO
20,00 AC
550.00
11,000.00
64
9C
ESCARPMENT LEVELING PER WO
3,000.00 LF
2.00
6,000.00
65
10
rURBIDI rY MONITORING PER WO
50.00 DA
500,00
25,000.00
Subtotal:
3, 948, 610.00
Running Total:
3,948,610.00
GRAND TOTAL:
3,948,610,00
Proposal Certification
Submitted By: Dickerson Florida, Inc.
2/1412025 9-03 AM Copyright@'l 989-2017 InEight Inc, All Rights Reserved. I of 1
Page 68 of 82
WORK AUTHORIZATION NO. 14
CONTRACT C20-09-772
COASTAL ENGINEERING SERVICES
THIS WORK AUTHORIZATION is made as of the day of , 2025,
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
Emergency Truck Haul
Construction Administration Services
(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 69 of 82
3. COMPENSATION:
The cost to perform all services as described in the attached Scope of Services shall not exceed a
total amount of $109,148.00 (one hundred nine thousand one hundred forty-eight and 00/100 dollars),
as further detailed in Exhibit "A". 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. Any conflict between the terms and conditions of the Exhibit "A" and
the terms and conditions of the Continuing Contract, shall be interpreted in favor of the Continuing
Contract.
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 September 30, 2025.
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
Page 2 of 3
Page 70 of 82
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.
IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date
first written above.
ST. LUCIE COUNTY EROSION DISTRICT
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY: BY:
DEPUTY CLERK
CHAIR
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
TAYLOR ENGINEERING, INC.
BY:
PRINT NAME:
PRINT TITLE:
Page 3 of 3
Page 71 of 82
T A Y L 0 R E N G I N E E R I N G I
EXHIBIT A
Fort Pierce Beach Emergency Truck Haul Construction Administration Services
Scope of Work
The U.S. Army Corps of Engineers (USACE) last nourished the Fort Pierce Shore Protection Project (SPP)
during spring 2023. With bids coming in well above the proposed budget to construct the next
nourishment in 2025 per the authorized 2-year nourishment interval, St. Lucie County must construct an
emergency truck haul project to protect upland infrastructure within the severely eroded section of beach
immediately south of the inlet. To assist the County with implementation of the truck haul project in
compliance with FDEP Permit No. 0327791-001-JC and Department of the Army Permit No. SAJ-1993-
00026 (SP-KDS), Taylor Engineering, Inc. will provide St. Lucie County with construction services as
detailed below.
Task 1: Pre -Construction Services
Construction Documents
Taylor Engineering will prepare, and provide to the construction contractor, construction drawings and
specifications for the truck haul project. We will conduct pre -construction wading -depth beach profile
surveys at FDEP reference monuments R-34, R-34.5, R-35, R-35.5, and R-36 to define baseline conditions.
Based on the performance of the 2011 and 2020 emergency truck haul project, we assume a fill volume
of 75,000 cy (105,000 tons) is sufficient to protect the project area until 2026. We will develop a
construction template, within the footprint of the authorized SPP, with an approximate capacity of 75,000
cy (105,000 tons) between the south jetty (north of R-34) and R-36.
Pre -Construction Sediment Testing
We will coordinate with Stewart Materials to set up a site visit with their pit located at 13700 Indrio Road
in Fort Pierce, Florida to inspect and collect up to 3 samples of the material proposed to be placed on the
Fort Pierce Beach. We will perform the following tests at the Taylor Engineering Geology Lab to ensure
compliance with the permitted Sediment Quality Assurance and Quality Control Plan: gradation by sieving
(ASTM D6913/ASTM D1140), carbonate content, organic content (ASTM D2974), and Munsell color.
Pre -Construction Permit Submittals
We will notify FDEP about the upcoming truck haul project. FDEP Permit No. 0327791-001-JC and the
subsequent permit modifications specify several information submittals and actions required by the
Permittee prior to construction commencement as outlined below. Taylor Engineering will prepare the
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pre -construction submittals and coordinate with FDEP to satisfy the County's pre -construction
responsibilities as Permittee.
Request for Notice to Proceed: The Permittee shall submit to the FDEP a written request for a
Notice to Proceed. The notice must include the following items for review and approval:
a. Turbidity monitoring qualifications
b. Turbidity monitoring scope of work
c. Final plans and specifications
d. Biological monitoring qualifications
Notice of Commencement: The Permittee must submit to the FDEP JCP Compliance Officer and
the appropriate FDEP district office a written notice of construction commencement at least 48
hours prior to commencement of construction. The notice shall indicate the expected start date
and the expected completion date and include the Contractor's turbidity monitoring
qualifications.
Pre -Construction Conference Information: The Permittee shall coordinate and conduct a pre -
construction conference with the Contractor, Engineer of Record, JCP Compliance Officer, and
FWC representatives to review the specific conditions and monitoring requirements of the permit.
At least seven days prior to the pre -construction conference, the Permittee shall provide the
meeting participants with written notification of the agreed -upon date, time, and location of the
meeting, as well as a meeting agenda and teleconference number.
Taylor Engineering will coordinate between meeting attendees to choose a meeting date and time and
will prepare the meeting agenda. We have budgeted for one senior engineer and one project engineer to
attend the pre -construction meeting. Following the meeting, we will prepare meeting minutes and
coordinate as necessary to address any action items. We will also notify the USACE of the commencement
of construction and the pre -construction conference, per Special Condition 2 and 7 of Permit No. SAJ-
1993-00026 (SP-KDS).
Task 2: Construction Administration Services
Construction Observation
Taylor Engineering will remain available throughout construction to provide advice and consultation to
the County through site visits and teleconferences. In that role, we will address questions pertaining to
engineering, design, permitting issues, and any proposed changes to the project design. We will notify the
County of any observed permit violations and provide recommendations as to how to proceed with the
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P2024-1 81 FORT PIERCE BEACH EMERGENCY TRUCK HAUL
project. We will participate in weekly contractor meetings, provide on -site observation services, and
review contractor construction submittals for permit compliance as detailed below.
We will attend the contractor's weekly project meetings onsite or virtually. These meetings will discuss
the project progress and address questions pertaining to engineering, design, permitting issues, any
proposed changes to the project design, scheduling, and any conflicts. The progress meeting agenda shall
generally include reviewing minutes of the previous meeting, work progress since the previous meeting,
current definable features of work, off -site activities, testing results (sediment QAQC, turbidity
monitoring, etc.), changes to construction schedule, site safety, and other business, as appropriate.
We will perform a site visit prior to the commencement of construction to document the pre -construction
conditions of the project area and staging area. During construction, we will conduct site visits three times
weekly (up to twenty-two visits), assuming construction will require 60 days from the commencement
and will occur 6 days a week.
During the on -site observations, our engineers will ascertain whether work is occurring in general
conformance with permit conditions and plans and specifications. As a part of each site visit, we will
photograph the work area and newly constructed beach and prepare a construction report to log
construction progress, delays, and/or issues. We will collect, test, and store representative samples of the
newly constructed beach observed during site visits and document any material of questionable quality.
We will collect and test a total of 24 samples throughout construction and will provide a sediment quality
assurance report as part of our post -construction summary report; each week during construction, we
will collect 3-4 samples during one of our visits. We will perform the following tests at the Taylor
Engineering Geology Lab to ensure compliance with the permitted Sediment Quality Assurance and
Quality Control Plan: gradation by sieving (ASTM D6913/ASTM D1140), carbonate content, and Munsell
color. Our visits will include detailed observation of the work and monitoring of the contractor's means,
methods, and sequences.
Our observations will include, but not be limited to, the following:
• Protection of existing work;
• Protection of new work from damage;
• Protection of private property;
• Provision of submittals on time and in proper format;
• Protection of land resources (fuel and oil, work areas, etc.);
• Protection of water resources (pollution prevention, turbidity, etc.);
• Protection of marine turtles (visual monitoring, lighting requirements, escarpments);
• Protection of migratory birds (monitoring, signage);
• Control of noise pollution;
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• Turbidity monitoring (turbidity monitoring data review, sand dike observation, etc.);
• Maintenance of onsite bulletin board, project sign, and project safety sign;
• Maintenance of project site security;
• Cleanup of waste and debris;
• Placement of beach fill in accordance with plans and specifications;
• Adherence to the Sediment QA/QC Plan for maintenance of fill material quality (through borrow
load sampling, visual analysis, sieve testing, etc.); and
• Protection and maintenance of pedestrian beach access
Of note, the FDEP permit provides specifications for daily shorebird, marine turtle, and water quality
monitoring and reporting. The Contractor will be responsible for turbidity monitoring as described in the
permit. We will conduct all other environmental monitoring through construction completion as
described in a separate scope of work for the 2025 Physical and Biological Monitoring of the Fort Pierce
Shore Protection Project. We will track and review environmental monitoring efforts to verify that
construction activities and report submittals remain compliant with specific conditions of the permit.
Task 3: Post -Construction Project Close-out
Post -Construction Site Inspection
We will accompany the County and Contractor during the substantial completion inspection or the final
inspection and assist the County with identification of items requiring completion.
Post -Construction Permit Submittals
Within 30 days after completion of construction, we will electronically submit to FDEP a written statement
of completion and certification by a registered professional engineer per General Condition 11 of the
permit.
Within 60 days of construction completion, we will submit the as -built certification to USACE, per Special
Condition 6 of Permit No. SAJ-1993-00026 (SP-KDS).
The 2025 Year 2 beach profile monitoring survey for the 2023 Fort Pierce SPP nourishment, which will be
conducted under a separate scope of work, will serve as the post -construction survey for FDEP monitoring
requirements and USACE as -built drawings.
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P2024-1 81 FORT PIERCE BEACH EMERGENCY TRUCK HAUL
Deliverables
Upon completion of the project, we will prepare a summary report of our construction administration and
biological monitoring activities and compile all available project related reports, meeting minutes, and
submittals.
Deliverable A — Construction administration summary report; Deadline: September 30, 2025.
We will perform these services on a time and expenses basis not to exceed $109,148.00. Exhibit B provides
an estimated breakdown of this cost. Our budget assumes that project construction will require 60 days
from the commencement of fill placement. Note that we may require additional fees if additional onsite
visits are required to solve unanticipated problems, or if construction lasts longer than the assumed 60-
day period.
END OF SCOPE OF SERVICES
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EXHIBIT B
TAYLOR ENGINEERING, INC.
COST SUMMARY BY TASK
P2024-181: FT. PIERCE BEACH EMERGENCY TRUCK HAUL CONSTRUCTION
SERVICES
Labor
Hours
Cost ($) Task Totals
Principal
2.0
466.00
Program Manager
18.0
3,798.00
Senior Professional
34.0
6,630.00
Project Professional
54.0
7,938.00
Staff Professional
50.0
5,450.00
Project CAD/GIS
16.0
1,984.00
Staff CAD/GIS
16.0
1,296.00
Administrative Support
6.0
426.00
Total Labor Hours 196.0
Total Labor Cost 27,988.00
Labor
Hours
Cost ($) Task Totals
Principal
16.0
3,728.00
Program Manager
62.0
13,082.00
Senior Professional
57.0
11,115.00
Project Professional
143.0
21,021.00
Staff Professional
147.0
16,023.00
Administrative Support
16.0
1,136.00
Total Labor Hours
441.0
Total Labor Cost 66,105.00
B-1
1 01 99 SOUTHSIDE BLVD STE 31 0 JACKSONVILLE FL 322S6 TEL 904.731 .7040 WWW.TAYLORENGINEERING.COM
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EXHIBIT B
Labor
Hours
Cost ($) Task Totals
Principal
14.0
3,262.00
Program Manager
14.0
2,954.00
Senior Professional
12.0
2,340.00
Project Professional
27.0
3,969.00
Staff Professional
18.0
1,962.00
Administrative Support
8.0
568.00
Total Labor Hours 93.0
Total Labor Cost 15,055-00
B-2
1 01 99 SOUTHSIDE BLVD STE 31 OJACKSONVILLE FL 32256 TEL 904.731.7040 WWW.TAYLORENGINEERING.COM
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Fort Pierce Beach Erosion 1-30-2025 - Seaway Drive Street End (Looking North)
Fort Pierce Beach Erosion 1-30-2025 - Seaway Drive Street End (Looking South)
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