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Home My WebLink AboutAgenda Packet 02.17.2015T. Iff Or —of COUNTY F L O R 1 D A AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, February 17, 2015 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 4, Chair FRANNIE HUTCHINSON District No. 2, Vice -Chair TOD MOWERY District No. 1 CHRIS DZADOVSKY District No. 3 PAULA A. LEWIS District No. 5 KIM JOHNSON Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 211212015 8:48 AM Regular Meeting Tuesday, February 17, 2015 9:00 AM 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 may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 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 Chairman 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. 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 Chairman 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 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 allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E Regular Meeting Tuesday, February 17, 2015 9:00 AM I. CALL TO ORDER II. APPROVAL OF MINUTES Erosion District minutes for the meeting of Tuesday, January 20, 2015 III. GENERAL PUBLIC COMMENT IV. CONSENT AGENDA A. WARRANTS Warrant List 18 B. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES 1. Ft. Pierce Inlet Management Plan — FDEP Project Agreement 15SL2 Staff recommends Board approval of FDEP Project Agreement 15SL2 and authorization for the Chair to sign documents as approved by the County Attorney. 2. Grant Agreement with Florida Department of Environmental Protection for the South County Beach & Dune Restoration Project Staff recommends Board approval of 1) Work Authorization No. 15 with Coastal Technology and 2) FDEP Project Agreement 15SL3 along with the supporting Budget Resolution and authorization for the Chair to sign documents as approved by the County Attorney. V. MOTION TO ADJOURN 3 1 P a g e S■TkaL■(di 1 E COUNTY F L O R r D A EROSION DISTRICT ST LUCIE COUNTY, FLORIDA Regular Meeting January 20, 2015 Convened: 9:43 AM Adjourned: 9:46 AM I. CALL TO ORDER The meeting was called to order at 9:43 AM by District No. 4, Chair Frannie Hutchinson Attendee Name rp Frannie Hutchinson Title Status Arrived District No. 4, Chair Present 9:43 AM District No. 2, Vice -Chair Present 9:43 AM District No. 1 Present 9:43 AM District No. 3 Present 9:43 AM Tod Mowery Chris Dzadovsky Paula A. Lewis Kim Johnson District No. 5 Present 9:43 AM Howard Tipton County Administrator Present 9:43 AM Heather Young Asst. County Attorney Present 9:43 AM Edward Matthews Parks, Recreation & Facilities Director Present 9:43 AM Don West Public Works Director Present 9:43 AM Laurie Waldie Utility Director Present 9:43 AM Beth Ryder Community Services Director Present 9:43 AM Sherry Burroughs Mosquito Control and Coastal Mgt. Serv. Director Present 9:43 AM Mark Satterlee Planning & Dev Director Present 9:43 AM Ron Roberts Solid Waste Director Present 9:43 AM Kelly Phelan Executive Assistant to the County Administrator Present 9:43 AM Sue Korunow Recording Secretary Present 9:43 AM W Z 9 LL O J O W a a a Generated 112012015 12:10 PM Packet Pg. 4 Regular Meeting Tuesday, January 20, 2015 9:00 AM II. APPROVAL OF MINUTES Erosion District minutes for the meeting of Tuesday, December 16, 2014 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chair SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Mowery, Dzadovsky, Lewis, Johnson III. GENERAL PUBLIC COMMENT w z Barry Muclow, Port St. Lucie - Inquired what the Third Amendment to the Project Agreement 13SL1 South n County Beach & Dune Restoration Project entailed. U_ 0 J Commissioner Hutchinson asked Mosquito Control and Coastal Management Service Coastal Engineer to 0 respond to Mr. Muclow's inquiry. a a Q Staff provided background information on the project as to the need for the amendment satisfying Mr. Muclow's inquiry. Q IV. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chair SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Mowery, Dzadovsky, Lewis, Johnson A. WARRANTS Warrant List Numbers 11, 12, 13 & 14 B. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES South County Beach & Dune Restoration Project - Third Amendment to Project Agreement 13SL1 V. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 2 1 P a g e Packet Pg. 5 01/30/15 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #18- 24-JAN-2015 TO 30-JAN-2015 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 106,459.24 GRAND TOTAL: 106,459.24 PAGE 1 PAYROLL 7,294.40 7,294,40 Packet Pg. 6 4.B.1 ITEM NO. (ID # 2658) COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Erosion District DATE: 02/17/2015 AGENDA REQUEST *CONSENT AGENDA Richard Bouchard, Senior Coastal Engineer Coastal Resources Division/Erosion District Ft. Pierce Inlet Management Plan — FDEP Project Agreement 15SL2 The Florida Department of Environmental Protection (FDEP) administers the Beach Management Funding Assistance (BMFA) Program, which provides funding annually to assist eligible local governments with their beach erosion control projects. FDEP Project Agreement No. 07SL3 (C08-01-003) provided matching state funds to evaluate inlet sand bypassing in concert with a sand trap. After holding a public workshop and subsequent workshop with the Board, there was a consensus to move forward with the final design and permitting of the sediment impoundment basin alternative on a "pilot" project basis with direction to minimize impacts to the environment and the adjacent Inlet State park. This alternative would include citing an inlet sand trap just inside the Ft. Pierce inlet near the north jetty with the intent of capturing sand migration from the adjacent beaches for future placement on the down -drift beach immediately south of the inlet. FDEP Project Agreement No. 07SL3 recently expired on September 30, 2014. Rather than extending the expiration date, FDEP opted to initiate Project Agreement 15SL2 that will supersede the older agreement. All of the remaining unfinished tasks and deliverables in the older agreement will be carried over into the new agreement. The new agreement also provides for a reduction of $27,400.28, which consists of unencumbered agency and local match funding, from the original agreement. PREVIOUS ACTION: July 15, 2008 - Board approval of FDEP Project Agreement No. 07SL3 to evaluate inlet sand bypassing alternative with sand trap; January 20, 2009 - Board approval of Amendment No. 1 to FDEP Project Agreement No. 07SL3 to initiate preliminary design and decision document; January 12, 2010 - Board approval of Amendment No. 2 to FDEP Project Agreement No. 07SL3 to provide additional state funding and extend the expiration date; December 14, 2010 - Board approval of Amendment No. 3 to FDEP Project Agreement No. 07SL3 to provide additional state funding and extend the expiration date; January 17, 2012 - Board approval of Amendment No. 4 to FDEP Project Agreement No. 07SL3 to reallocate existing grants funds in order to initiate the permit application process and extend the expiration date; Packet Pg. 7 4.B.1 September 30, 2014 - FDEP Project Agreement No. 07SL3 expired. FINANCIAL IMPACT: There is no financial impact associated with this new grant agreement as funding from a recently expired grant agreement is being carried forward less approximately $13,072, from grant fund #184212 to grant fund #184220. RECOMMENDATION: Staff recommends Board approval of FDEP Project Agreement 15SL2 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures ra n-- - -) 51, -ry Lmroughs, Mosquito An.cl Mgt.9Vr26/12DH5 iDY,nOieYS.Mc'Inty,f,,Cntyorney 1/27/2015 Ho and Tipton, Count Administrate 2/11/2015 updated: 2/9/2015 2:44 PM by Kelly Phelan Page 2 Packet Pg. 8 4.B.1.a DEP AGREEMENT No: 15SL2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCE MANAGEMENT BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR FT. PIERCE INLET IMP IMPLEMENTATION THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 2600 Blair Stone Road, MS 3554, Tallahassee, Florida 32399, and the ST. LUCIE COUNTY EROSION DISTRICT, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is St. Lucie County, for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program; and, WHEREAS, pursuant to 62B-36.005(1)(d), Florida Administrative Code, the LOCAL SPONSOR has resolved to support, serve as local sponsor, demonstrated a financial commitment to the beach erosion control project as described herein, and has the ability to perform the tasks associated with the project described herein; and, WHEREAS, all work contained in this contract was approved and included in DEP contract 07SL3 and DEP contract 07SL3 expired while work was underway; and, NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the FT. PIERCE INLET IMP IMPLEMENTATION, (hereafter referred to as the PROJECT), as defined in Attachment A (Grant Work Plan), attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on March 31, 2016. Pursuant to Section 161.101 (18), Florida Statutes, and 6213-36.009, Florida Administrative Code, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after July 1, 2013, may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the DEPARTMENT. If work identified in the approved Grant Work Plan is completed prior to time allowed in this Agreement, this Agreement may be amended to close out the Agreement. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. DEP Agreement No. 15SL2, Page 1 of 11 Packet Pg. 9 4.B.1.a The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of funds appropriated to the DEPARTMENT. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of the implementation of the Ft. Pierce Inlet Management Plan adopted in 1997 defines measures needed to mitigate the adverse impacts of the federally -authorized and -maintained inlet. A feasibility study has been completed and the design of the sand trap has been accepted by the LOCAL SPONSOR and the DEPARTMENT. Permitting for the construction of the sand trap is underway. The life of the PROJECT is defined as ten (10) years following completion of each construction event. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. For tasks, as specified in Table 1 below and in Attachment A, the LOCAL SPONSOR shall develop a detailed Scope of Work which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and schedule prior to initiating the work. A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 State Cost Task # Eligible Project Tasks Share DEP Local Total 2.0 Design Ft. Pierce IMP Implementation 2.1 Design and Permitting 50% $35,768 $35,768 $71,536 TOTAL PROJECT COSTS $35,768 $35,768 $71,536 B. Changes in PROJECT costs that transfer funds from one task to another or that increase or decrease the total funding amount shall require a formal amendment to the Agreement. 9. 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 $35,768 for this PROJECT or up to 50 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, 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. 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in Table 1 above, shall be provided through formal amendment to this Agreement. DEP Agreement No. 15SL2, Page 2 of 11 Packet Pg. 10 4.B.1.a II. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 12. Paragraph Reserved. 13. As consideration for the satisfactory completion of the eligible work identified in Attachment A and approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis. All requests for reimbursement shall be made in accordance with Attachment B (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at.http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment C (Request for Payment, PARTS I — IV), attached hereto and made a part hereof. These forms are to be submitted upon completion of deliverables identified in the approved Scope of Work. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. The final payment will not be processed until the match requirement has been met. 14. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each request for payment to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. It is understood and agreed that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and will reset when such information is received as requested by the DEPARTMENT. Upon approval of the request for payment the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). 15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager on a quarterly basis, Attachment C (Project Progress Report, Part III), as updates to the project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period in which the project is underway. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. Progress reports are to be submitted electronically in Word .doc or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. In cases where no reimbursement is sought for a given quarter, all applicable portions of the progress report must still be completed and submitted. DEP Agreement No. 15SL2, Page 3 of 11 Packet Pg. 11 4.B.1.a The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. 16. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment D (Project Completion Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT within sixty (60) days after the PROJECT is certified complete by the LOCAL SPONSOR. 17. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 18. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation", and any rules promulgated there from, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. 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, Florida Statutes. 20. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or overnight courier to the address set forth in this Agreement. 21. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the event that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR shall re - perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the DEPARTMENT'S Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL SPONSOR to the DEPARTMENT. All CAPS must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the DEPARTMENT. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the DEPARTMENT shall notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the LOCAL SPONSOR shall have ten (10) calendar days from receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall result in the DEPARTMENT'S termination of this Agreement for cause as authorized in this Agreement. B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP, the LOCAL SPONSOR DEP Agreement No. 15SL2, Page 4 of 11 Packet Pg. 12 4.B.1.a shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by LOCAL SPONSOR, the 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 the DEPARTMENT or steps taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the DEPARTMENT as requested by the Department Grant Manager. C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency in the performance of the LOCAL SPONSOR as specified by the DEPARTMENT may result in termination of this Agreement. The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement. 22. Any notices between the parties shall be considered delivered by email, overnight courier or delivered in person to the contact person at the addresses below. LOCAL SPONSOR Richard Bouchard, Sr., Coastal Engineer St. Lucie County Erosion District 3150 Will Fee Road Ft. Pierce, Florida 34982 (772) 462-1710 _.bouchardrkstlucieco.org._ DEPARTMENT Dena VanLandingham, Grant Program Administrator Department of Environmental Protection Beach Management Funding Assistance Program 2600 Blair Stone Road, MS 3554 Tallahassee, Florida 32399 (850) 245-7692 Dena.Vanlandin amgdep.state.fl.us Any changes to the contact information shown above or in paragraph 23 must be reduced to writing in the form of an email notification. 23. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: (772) 462- 1710. The DEPARTMENT's Project Manager for all technical matters is Catherine Florko, Phone: (850) 245-7688 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: (850) 245-7692. 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes. DEP Agreement No. 15SL2, Page 5 of 11 Packet Pg. 13 4.B.1.a 25. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles 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 Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Program Administrator at 850/245-7692, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR 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://gpps.fldfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. DEP Agreement No. 15SL2, Page 6 of 11 Packet Pg. 14 4.B.1.a 30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 31. To the extent required by law, the LOCAL SPONSOR will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 32. The LOCAL SPONSOR warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the LOCAL SPONSORSs officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 33. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 34. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 35. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the Florida Department of Management Services may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 36. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. LOCAL SPONSORS 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 LOCAL SPONSOR's, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. DEP Agreement No. 15SL2, Page 7 of 11 Packet Pg. 15 4.B.1.a B. _If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the funds provided to the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the 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 the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. C. _hi the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered funds originally provided under this Agreement. 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 payment(s) are recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR. 37. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. Regardless of any subcontract, the LOCAL SPONSOR is ultimately responsible for all work to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes. The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the DEPARTMENT for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the LOCAL SPONSOR shall request the advance written approval from the DEPARTMENT's Project Manager of the fixed price negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DEPARTMENT Project Manager's approval of the fixed price amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract. All subcontracts are subject to the provisions of paragraph 14 and any other appropriate provisions of this Agreement which affect subcontracting activities. DEP Agreement No. 15SL2, Page 8 of 11 Packet Pg. 16 4.B.1.a B. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 38. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work.. 39. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 40. The DEPARTMENT may at any time, by written order designated to be a change order, make any minor modifications, as described below. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the LOCAL SPONSOR's cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of a modification of deliverable due dates when such change does not involve an extension of contract, and modifying the Project Work Plan when such modifications would not involve a decrease/increase in cost or an extension of the performance period of this Agreement. 41. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 42. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control project prior to entering each individual property to conduct such activities. 43. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force maj eure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the LOCAL SPONSOR, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEP Agreement No. 15SL2, Page 9 of 11 Packet Pg. 17 4.B.1.a DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force maj eure event. 44. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. l 5SL2, Page 10 of 11 Packet Pg. 18 4.B.1.a IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: f►yl1� �1�L�K�l�1�Y_II'/ �I:Z�3.`L[�1►� ] fyl �:7 [�1 By: Title: Erosion District Chair Date: FEID No. 59-6000835 Local Sponsor's Attorney (if necessary) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Department of Environmental Protection Secretary or designee Date: Department of Environmental Protection Grant Program Administrator APPROVED as to form and legality: Department of Environmental Protection Attorney *If someone other than the Erosion District Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (2 pages) Attachment B Contract Payment Requirements (1 page) Attachment C Request for Payment, Parts I - IV (4 pages) Attachment D Project Completion Certification (1 page) Attachment E Special Audit Requirements (5 pages) DEP Agreement No. 15SL2, Page 11 of 11 Packet Pg. 19 4.B.1.a ATTACHMENT A GRANT WORK PLAN Project Title: Ft. Pierce IMP Implementation. Project Location: The project is being performed within the St. Lucie County boundaries between the DEP reference monuments R34 and R47. Project Background: The Ft. Pierce Inlet is a federally -maintained inlet. The Ft. Pierce Inlet Management Plan adopted in 1997 defines measures needed to mitigate the adverse impacts of the inlet on the coastal system. A feasibility study has been completed and the design of the sand trap has been accepted by the LOCAL SPONSOR and the DEPARTMENT. Permitting for the construction of the sand trap is underway. 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 standard technical specifications contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2014) and Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. The monitoring standards and GIS guidelines may be found at _htip://www.dep.state.fl.us/beaches/publications/pdf/PhysicalMonitorinaStandards.pdf. One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Project Description: The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications for beach nourishment. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Performance Standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. 2.1 Ft. Pierce IMP Implementation Design and Permitting All work necessary to complete the state and federal permitting process. Deliverable A: Vibracore Data and Report. Total Cost: $39,716 (DEP cost $19,858). Due Date: March 31, 2016. Deliverable B: Response to FDEP RAI #1. Total Cost: $11,820 (DEP cost $5,910). Due Date: March 31, 2016. Deliverable C: Response to FDEP RAI #2 and USACE RAI #1 and public comment summary. Total Cost: $20,000 (DEP cost $10,000). Due Date: March 31, 2016. DEP Agreement No. 15SL2, Attachment A, Page 1 of 2 Packet Pg. 20 4.B.1.a NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Task are Contractual Services. DEP Agreement No. 15SL2, Attachment A, Page 2 of 2 Packet Pg. 21 4.B.1.a ATTACHMENT B Florida Department of Environmental Protection DEP 55-219 Contract Payment Requirements Required Signatures: No Signature Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Fringe Benefits should be supported by invoices showing the amount paid on Benefits behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (4) Other Reimbursement will be made based on paid invoices/receipts. If nonexpendable direct property is purchased using State funds, the contract should include a provision for costs the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house Charges which may be of an internal nature (e.g., postage, copies, etc.) may be charges reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate, costs then the calculation should be shown. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: .hqp://www.fldfs.com/aadir/reference Quide.htm. c c� IL c m E m M c M m c m L d 'a U_ 00 Ln W DEP Agreement No. 15SL2, Attachment B, Page 1 of 1 Packet Pg. 22 4.B.1.a ATTACHMENT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY NAME OF PROJECT: Ft. Pierce Inlet IMP Implementation LOCAL SPONSOR: St. Lucie County Erosion District DEP Agreement Number: 15SL2 Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* *if applicable Cost Summary: State Funds Obligated $ Less Advance Pay $ Less Previous Payment $ Less Previous Retained $ State Share Local Share Total Q Q Q Less This Payment $ Less This Retainage (10%) $ State Funds Remaining $ Local Funds Obligated $ Less Advance Pay $_ Less Previous Credits $ Less This Credit $ Local Funds Remaining $ c c� a c m E m M c M m c m a 'a a_ 00 Ln w N N J Cn Ln T c m E a� a� L a 0 a a w c U. c m E z c� a DEP Agreement No. 15SL2, Attachment C, Page 1 of 4 Packet Pg. 23 4.B.1.a Name of Project: Billing Number: DEP Agreement Number: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REVISED REQUEST FOR PAYMENT — PART II Billing Period (1): Person Completing Form & Telephone Number (2): REIMBURSEMENT DETAIL Item # Vendor Name Invoice Number Check Number Deliverable Number (3) Eligible Cost (4) ° ° Fed Share (5) Federal Share of Invoice Amount (6)** Non - Federal Share (7) State Share (8) State Share (9) Local Share (10) Retainage Payment (11) Withheld Retainage (12) State Payment (13) - - $0.00 0.00 0.00 0.00 Sub -Totals: - - - - - - - - Total Due to Local Sponsor (14) Form Instructions: 1. Billing Period: Should reflect Invoice services performed date. (beginning date - earliest date of services, end date - latest date of services performed). 2. Person to Contact for questions regarding items submitted on this form. 3. Deliverable #: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable. 4. Eligible Cost: Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only. 5. % Federal Share: If applicable this should be the percentage listed in Agreement. Federal Share will be listed on Table 1 if applicable. 6. Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage. 7. Non -Federal Share: Eligible Cost (4) minus Federal Share of Invoiced Amount (6). 8. Percentage of State Share: This should be the State Share Percentage listed in Agreement. 9. State Share: Multiply Non -Federal Share by State Share Percentage. 10. Local Share: Subtract State Share from Non -Federal Share. 11. Retainage Payment: Requires separate line for each completed Task, Sub -Task and or Deliverable that retainage is being requested. 12. Withheld Retainage: Multiply State Share by 10%. 13. State Payment: Subtract Retainage from State Share. 14. Total Due to Local Sponsor: Add Retainage Payment Total (11) to State Payment Total (13). Notes: For questions or concerns regarding this form please contact: Janice Simmons - (850)245-8222 or email at Janice.L.Simmons@dep.state.fl.us DEP Agreement No. 15SL2, Attachment C, Page 2 of 4 Packet Pg. 24 4.B.1.a FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT NAME OF PROJECT: Ft. Pierce Inlet IMP Implementation LOCAL SPONSOR: St. Lucie County Erosion District DEP Agreement Number: 15SL2 Billing Number: Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN 2.1 Ft. Pierce IMP Implementation Design and Permitting DEP Agreement No. 15SL2, Attachment C, Page 3 of 4 Packet Pg. 25 4.B.1.a FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV NAME OF PROJECT: Ft. Pierce Inlet IMP Implementation LOCAL SPONSOR: St. Lucie County Erosion District DEP Agreement Number: 15SL2 Billing Number: c a Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; m 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 M amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described +, in the grant work plan. I certifythat the purchases noted were used in accomplishing the project; and that invoices check vouchers copies of p P g P J p� m � checks, and other purchasing documentation are maintained as required to support the cost reported above and are a available for audit upon request. 00 Ln m N N J Name of Project Administrator Signature of Project Administrator Date Cn T E d Name of Project Financial Officer Signature of Project Financial Officer Date 4) DEP Agreement No. 15SL2, Attachment C, Page 4 of 4 Packet Pg. 26 4.B.1.a ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION NAME OF PROJECT: Ft. Pierce Inlet IMP Implementation LOCAL SPONSOR: St. Lucie County Erosion District 2 c� DEP Agreement Number: 15SL2 a Task Completion ❑ m 4 M Project Completion ❑ c M m c *I hereby certify that the above mentioned project task has been completed in accordance with the Project Agreement, w 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 a funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned U. to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds '' 00 advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the m Federal final accounting has been completed. N J Cn Ln T E d d L Name of Project Manager Signature of Project Manager Date a m 0 L a a w c U. r c m E z c� a DEP Agreement No. 15SL2, Attachment D, Page 1 of 1 Packet Pg. 27 ATTACHMENT E 4.B.1.a if{TIOM ILDR A Required Signatures: No Signature Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENTS) The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", 'DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" orothername in the contract/agreement) maybe 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 OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/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 or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. 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 by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at h=:Hl2.46.245.173/cfda/cfda.htinl. DEP Agreement No. 15SL2, Attachment E, Page 1 of 5 Packet Pg. 28 ATTACHMENT E if{TIOM Florida Department of Environmental Protection �FLDR A (SPECIAL AUDIT REQUIREMENTS) PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this E Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this a 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, 0 other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through m awards and resources received by a nonstate entity for Federal program matching requirements. 0 c M 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies 2 with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as m defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and 5 for -profit organizations), Rules of the Auditor General. L d 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance a with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than LL $500,000 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., 00 m the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida N C j Single Audit Act website located at https:Hgpps.fldfs.com/fsaa for assistance. In addition to the above websites, the r following websites may be accessed for information: Legislature's Website at hM2://www.leg.state.fl.us/Welcome/index.cfin, c State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ m and the Auditor General's Website at http://www.state.fl.us/audgen. d L PART III: OTHER AUDIT REQUIREMENTS Q (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a m 'o 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 a Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for W audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In p such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) U. r PART IV: REPORT SUBMISSION c E z 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by 2 PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on Q behalf of the recipient directly to each of the following: DEP Agreement No. 15SL2, Attachment E, Page 2 of 5 Packet Pg. 29 ATTACHMENT E 4.B.1.a if{TIOM Florida Department of Environmental Protection i FLDR A (SPECIAL AUDIT REQUIREMENTS) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32990-1450 DEP Agreement No. 15SL2, Attachment E, Page 3 of 5 Packet Pg. 30 ATTACHMENT E if{TIOM Florida Department of Environmental Protection �FLDR A (SPECIAL AUDIT REQUIREMENTS) 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 the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 4.B.1.a 5. 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 OMB Circular A- 133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 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 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 15SL2, Attachment E, Page 4 of 5 Packet Pg. 31 4.B.1.a ATTACHMENT E Florida Department of Environmental Protection IFLOR A (SPECIAL AUDIT REQUIREMENTS) --------------- EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA State Program Funding Source State Fiscal CSFA Title or Funding Amount Appropriation Number Year Number Funding Source Description Category Original Ecosystem Management 2008-2009 37.003 Beach Management Funding $36,768 140126 Agreement and Restoration Trust Assistance Program Fund # 1748 Total Award 1 $36,768 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. 15SL2, Attachment E, Page 5 of 5 Packet Pg. 32 ITEM NO. RES-2015-12 • COUNTY F L 0 R i D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Erosion District DATE: 02/17/2015 AGENDA REQUEST *CONSENTAGENDA Richard Bouchard, Senior Coastal Engineer Coastal Resources Division/Erosion District Grant Agreement with Florida Department of Environmental Protection for the South County Beach & Dune Restoration Project The Florida Department of Environmental Protection (FDEP) administers the Beach Management Funding Assistance (BMFA) Program, which provides funding annually to assist eligible local governments with their beach erosion control projects. Work Authorization No. 15 (C8-12-633) with Coastal Technology ($451,083) identifies the tasks necessary to carry out the beach and inlet monitoring activities during 2015 as required by the South St. Lucie County Beach and Dune Restoration permit. Project Agreement No. 15SL3 with FDEP provides state funding in the amount of $196,176 towards this work authorization. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Project funding consists of a FDEP 43.49% match share of $239,195.00 and a local 56.51% match share of $310,805.00. Matching funds are available in the Erosion District's operating budget line item to cover the local match; funds will be coming from Project Reserve Funds (184-3710-599330-36203) that was created for this specific project. RECOMMENDATION: Staff recommends Board approval of 1) Work Authorization No. 15 with Coastal Technology and 2) FDEP Project Agreement 15SL3 along with the supporting Budget Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 33 Coordination/Signatures Si @try 130, oughs, Mosquito CAand l Mgt. Sd� 66A213 8 Danie 5. McIntyre, C my ttorney 2/6/2015 Ho ,CountAdministrato 2/11/2015 Updated: 2/11/2015 4:26 PM by Bob Bentkofsky Page 2 Packet Pg. 34 RESOLUTION 4.B.2.a WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Environmental Protection as a grant in the amount of $239,195, as funding for the County to implement monitoring activities for beach erosion and the inlet with the South St. Lucie County Beach Restoration Monitoring Project WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 17th day of February, 2015ric, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2014-2015, and the Erosion District's budget is hereby amended as follows: REVENUE 184221-3710-334391-36203 Dept of Environmental Prot-Phys Env $239,195 APPROPRIATIONS 184221-3710-531000-36203 Professional Services $232,978 184221-3710-546340-36203 Maintenance -Beach Renourishment $6,217 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Tod Mowery, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 17TH DAY OF FEBRUARY 2015. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 35 4.B.2.b DEP AGREEMENT No: 15SL3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCE MANAGEMENT BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR SOUTH ST. LUCIE BEACH RESTORATION THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 2600 Blair Stone Road, MS 3554, Tallahassee, Florida 32399, and ST. LUCIE COUNTY, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is the St. Lucie County Erosion District, 3150 Will Fee Road, Ft. Pierce, Florida 34982, for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program; and, WHEREAS, pursuant to 62B-36.005(1)(d), Florida Administrative Code, the LOCAL SPONSOR has resolved to support, serve as local sponsor, demonstrated a financial commitment to the beach erosion control project as described herein, and has the ability to perform the tasks associated with the project described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the SOUTH ST. LUCIE BEACH RESTORATION, (hereafter referred to as the PROJECT), as defined in Attachment A (Grant Work Plan), attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on November 30, 2016. Pursuant to Section 161.101 (18), Florida Statutes, and 62B-36.009, Florida Administrative Code, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after November 7, 2014, may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the DEPARTMENT. If work identified in the approved Grant Work Plan is completed prior to time allowed in this Agreement, this Agreement may be amended to close out the Agreement. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of funds appropriated to the DEPARTMENT. DEP Agreement No. 15SL3, Page 1 of 12 Packet Pg. 36 4.B.2.b The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT began in November 2002, when the U.S. Army Corps of Engineers (Corps) completed a "Section 905(b) analysis for a "St. Lucie County, Florida — Hurricane and Storm Damage Reduction Study" including the Study Area. This Reconnaissance report recommended that the "study proceed into the feasibility phase" for a Study area from just south of Blind Creek (R-77) to the Martin County Line (R-115). In 2004, the Corps initiated a Federal Feasibility Study of the Study Area. St. Lucie County pursued a local path for the 3.4 mile long beach restoration project. The project was constructed from Mid -March to Mid -May 2013. The life of the PROJECT is defined as ten (10) years following completion of each construction event. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. A. For tasks 4.1, 4.2, as specified in Table 1 below and in Attachment A, the LOCAL SPONSOR shall develop a detailed Scope of Work which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and schedule prior to initiating the work. B. For task 4.3 in the Table below and in Attachment A, the LOCAL SPONSOR shall submit detailed Scopes of Work for each deliverable, the DEPARTMENT shall review it as to content, deliverables, schedule and cost. The LOCAL SPONSOR shall be notified by a written Letter of Authorization from the DEPARTMENT's Program Administrator of approval of the detailed Scope of Work for that specific location. Copies of Letters of Authorization, which includes a copy of the approved detailed Scope of Work, shall be sent to the DEPARTMENT's Bureau of Finance and Accounting and must accompany each request for reimbursement for that Scope of Work. A Letter of Authorization must be received by the LOCAL SPONSOR prior to initiating any work on a PROJECT task. The total of all Letters of Authorization shall not exceed the total for Task 36,801.67 in Table 1 below. A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Eligible Cost Project State Federal Task # Eligible Project Tasks Cost Estimated DEP Local Total Share Project Costs 4.0 Monitoring 4.1 2015 Post -Construction Monitoring (Year 2) 43.49% $196,176.00 $254,907.00 $451,083.00 4.2 2015 Beach Tilling (Year 2) 43.49% $6,217.33 $8,078.67 $14,296.00 4.3 Supplemental Project 43.49% $36,801.67 $47,819.33 $84,621.00 TOTAL PROJECT COSTS $239,195.00 $310,805.00 $550,000.00 B. Changes in PROJECT costs that transfer funds from one task to another or that increase or decrease the total funding amount shall require a formal amendment to the Agreement. DEP Agreement No. 15SL3, Page 2 of 12 Packet Pg. 37 4.B.2.b The DEPARTMENT has determined that 86.97 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 $239,195 for this PROJECT or up to 43.49 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, 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. 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in Table 1 above, shall be provided through formal amendment to this Agreement. 11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B (Funding Eligibility), attached hereto and made a part hereof, for beach use throughout the life of the PROJECT as established under this Agreement. The life of the PROJECT is defined as ten (10) years following the completion of each construction event commencing upon execution of this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces which are no longer available to the public for a 10-year period. All parking must be clearly signed or otherwise designated as public beach access parking. 13. A. In accordance with Section 216.181(16)(b), Florida Statutes, the DEPARTMENT, upon written request from the LOCAL SPONSOR, including justification for said request, and written approval from the State Chief Financial Officer, may provide an advance payment to the LOCAL SPONSOR. In addition to the written request for advance payment, the LOCAL SPONSOR shall also complete and submit the applicable portions of Attachment C (Advance Payment Justification Form), attached hereto and made a part hereof. Consideration for advance payment is at the discretion of the DEPARTMENT, and shall be limited to eligible studies and project construction costs identified in Table 1. The LOCAL SPONSOR's expenditures shall draw proportionally upon both the LOCAL SPONSOR's funds and the DEPARTMENT's advanced funds in accordance with the cost share ratios established pursuant to this Agreement. B. If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the advanced funds in an interest bearing account. The LOCAL SPONSOR shall be responsible to the DEPARTMENT for a quarterly accounting of such funds on the dates identified in paragraph 16. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 15SL3, Page 3 of 12 Packet Pg. 38 4.B.2.b C. Attachment D (Advance Payment — Interest Earned Memorandum), attached hereto and made a part hereof, is provided as a sample of the document generated internally each calendar quarter by the DEPARTMENT's Bureau of Finance and Accounting for agreements that authorized an advance payment. The DEPARTMENT's Grant Program Administrator shall forward such memorandum to the LOCAL SPONSOR's Project Manager, who shall be responsible for completion of the applicable interest statement details and submission to the DEPARTMENT each quarter. Interest income shall be documented by the LOCAL SPONSOR's submission of a current statement of account from the financial institution or agent where such funds are invested. Interest income shall be returned to the DEPARTMENT, within thirty (30) days following each quarter as set forth under this Agreement. This responsibility shall continue as long as advanced funds remain with the LOCAL SPONSOR or until construction is completed and a final accounting on the advanced funds is completed and the unused funds and interest due the DEPARTMENT are returned to the DEPARTMENT. Unused funds, and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, shall be returned to the DEPARTMENT within sixty (60) days of the completion of the 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 Federal final accounting has been completed. D. The parties hereto acknowledge that the State Chief Financial Officer may identify additional requirements that must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Chief Financial Officer, the LOCAL SPONSOR shall be notified, in writing, by the DEPARTMENT's Grant Program Administrator regarding the additional requirements. Prior to releasing any funds, the LOCAL SPONSOR shall be required to provide a written acknowledgement to the DEPARTMENT's Grant Program Administrator of the LOCAL SPONSOR's acceptance of the terms imposed by the State Chief Financial Officer for release of funds. 14. As consideration for the satisfactory completion of the eligible work identified in Attachment A and approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis. All requests for reimbursement shall be made in accordance with Attachment E (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at.http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment F (Request for Payment, PARTS I — IV), attached hereto and made a part hereof. These forms are to be submitted upon completion of deliverables identified in the approved Scope of Work. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. The final payment will not be processed until the match requirement has been met. 15. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each request for payment to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. It is understood and agreed that any request for payment that requires the DEPARTMENT to request additional information of the DEP Agreement No. 15SL3, Page 4 of 12 Packet Pg. 39 4.B.2.b LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and will reset when such information is received as requested by the DEPARTMENT. Upon approval of the request for payment the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). 16. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager on a quarterly basis, Attachment F (Project Progress Report, Part III), as updates to the project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period in which the project is underway. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. Progress reports are to be submitted electronically in Word .doc or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. In cases where no reimbursement is sought for a given quarter, all applicable portions of the progress report must still be completed and submitted. The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. 17. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment G (Project Completion Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT within sixty (60) days after the PROJECT is certified complete by the LOCAL SPONSOR. 18. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 19. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation", and any rules promulgated there from, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 20. 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, Florida Statutes. 21. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or overnight courier to the address set forth in this Agreement. DEP Agreement No. 15SL3, Page 5 of 12 Packet Pg. 40 4.B.2.b 22. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the event that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR shall re - perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the DEPARTMENT'S Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL SPONSOR to the DEPARTMENT. All CAPS must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the DEPARTMENT. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the DEPARTMENT shall notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the LOCAL SPONSOR shall have ten (10) calendar days from receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall result in the DEPARTMENT'S termination of this Agreement for cause as authorized in this Agreement. B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP, the LOCAL SPONSOR shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL SPONSOR of any of its obligations under the Agreement. hi the event the CAP fails to correct or eliminate performance deficiencies by LOCAL SPONSOR, the 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 the DEPARTMENT or steps taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the DEPARTMENT as requested by the Department Grant Manager. C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency in the performance of the LOCAL SPONSOR as specified by the DEPARTMENT may result in termination of this Agreement. The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement. 23. Any notices between the parties shall be considered delivered by email, overnight courier or delivered in person to the contact person at the addresses below. LOCAL SPONSOR Richard Bouchard, Sr., Coastal Engineer St. Lucie County Erosion District 3150 Will Fee Road Ft. Pierce, FL 34982 (772) 462-1710 ..bouchardrkstlucieco.org.. DEP Agreement No. 15SL3, Page 6 of 12 Packet Pg. 41 4.B.2.b DEPARTMENT Dena VanLandingham, Grant Program Administrator Department of Environmental Protection Beach Management Funding Assistance Program 2600 Blair Stone Road, MS 3554 Tallahassee, Florida 32399 (850) 245-7692 Dena.Vanlandin amgdep.state.fl.us Any changes to the contact information shown above or in paragraph 24 must be reduced to writing in the form of an email notification. 24. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: (772) 462- 1710. The DEPARTMENT's Project Manager for all technical matters is Catherine Florko, Phone: (850) 245-7688 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: (850) 245-7692. 25. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes. 26. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles 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 Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 27. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment H (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment H summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment H. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Program Administrator at 850/245-7692, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment H, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR 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://aWs.fldf§.com/fsaa. DEP Agreement No. 15SL3, Page 7 of 12 Packet Pg. 42 4.B.2.b The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 28. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 29. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 31. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 32. To the extent required by law, the LOCAL SPONSOR will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 33. The LOCAL SPONSOR warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 34. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 35. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 36. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. DEP Agreement No. 15SL3, Page 8 of 12 Packet Pg. 43 4.B.2.b B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the Florida Department of Management Services may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 37. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. LOCAL SPONSORS 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 LOCAL SPONSOR's, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. -If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the funds provided to the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the 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 the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. C. -In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered funds originally provided under this Agreement. 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 payment(s) are recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR. 38. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. Regardless of any subcontract, the LOCAL SPONSOR is ultimately responsible for all work to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes. 1. The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices DEP Agreement No. 15SL3, Page 9 of 12 Packet Pg. 44 4.B.2.b submitted to the DEPARTMENT for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the LOCAL SPONSOR shall request the advance written approval from the DEPARTMENT's Project Manager of the fixed price negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the DEPARTMENT Project Manager's approval of the fixed price amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract. All subcontracts are subject to the provisions of paragraph 14 and any other appropriate provisions of this Agreement which affect subcontracting activities. B. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 39. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work.. 40. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 41. The DEPARTMENT may at any time, by written order designated to be a change order, make any minor modifications, as described below. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the LOCAL SPONSOR's cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of a modification of deliverable due dates when such change does not involve an extension of contract, and modifying the Project Work Plan when such modifications would not involve a decrease/increase in cost or an extension of the performance period of this Agreement. 42. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. DEP Agreement No. 15SL3, Page 10 of 12 Packet Pg. 45 4.B.2.b 43. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control project prior to entering each individual property to conduct such activities. 44. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the LOCAL SPONSOR, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 45. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 15SU, Page 11 of 12 Packet Pg. 46 4.B.2.b IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: f►`yM8161"416181IM By: Title: Erosion District Chair Date: FEID No. 59-6000835 Local Sponsor's Attorney (if necessary) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Department of Environmental Protection Secretary or designee Date: Department of Environmental Protection Grant Program Administrator APPROVED as to form and legality: Department of Environmental Protection Attorney *If someone other than the Erosion District Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (2 pages) Attachment B Funding Eligibility (1 page) Attachment C Advanced Payment Justification Form (3 pages) Attachment D Advanced Payment — Interest Earned Memorandum Sample (1 page) Attachment E Contract Payment Requirements (1 page) Attachment F Request For Payment, Parts I - IV (4 pages) Attachment G Project Completion Certification (1 page) Attachment H Special Audit Requirements (5 pages) DEP Agreement No. 15SU, Page 12 of 12 Packet Pg. 47 4.B.2.b ATTACHMENT A GRANT WORK PLAN Project Title: South St. Lucie Beach Restoration. Project Location: The project is approximately 3.36 miles long and is located between DEP Monuments R98 to R115 + 1000 feet (Martin County Line). Project Background: The U.S. Army Corps of Engineers (Corps) completed a "Section 905(b) analysis for a "St. Lucie County, Florida — Hurricane and Storm Damage Reduction Study" in November 2002. This Reconnaissance report recommended that the "study proceed into the feasibility phase" for a Study area from just south of Blind Creek (R-77) to the Martin County Line (R-115). In 2004, the Corps initiated a Federal Feasibility Study of the Study Area. However, in an effort to expedite the restoration project, St. Lucie County pursued a local path for the 3.4 mile long beach restoration project. The project was constructed from March -May of 2013. 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 standard technical specifications contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2014) and Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. The monitoring standards and GIS guidelines may be found at _http://www.dgp.state.fl.us/beaches/publications/pdf/PhysicalMonitoringStandards.pdf. One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Project Description: The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner that will coordinate the monitoring activities with the Department's Regional Coastal Monitoring Program. Performance standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. 4.1 2015 Post -Construction Monitoring (Year 2) Second year monitoring will involve activities by the County and its consultant toward compliance with State and/or Corps of Engineers' requirements associated with beach disposal operations of the South St. Lucie Beach Restoration Project construction. These requirements may include, but are not limited to, turtle monitoring, nest relocation, scarp removal, compaction monitoring, and annual tilling as required by the Department's joint coastal permit (0154626-001-JC). A comprehensive beach and offshore monitoring program shall be developed for the project shoreline. The Plan shall be in accordance with the FDEP Monitoring Standards for Beach Erosion Control Projects, dated March 2004. The annual monitoring scope of work will follow the approved physical monitoring plan and biological monitoring plan DEP Agreement No. 15SL3, Attachment A, Page 1 of 2 Packet Pg. 48 4.B.2.b Deliverable A: Year Two profile surveys, aerial photography and physical monitoring report for the 2013 restoration. Total Cost: $42,382 (DEP cost $18,431.93). Due Date: November 30, 2016. Deliverable B: March/April 2015 Sea Turtle data for the 2013 restoration. Total Cost: $25,103 (DEP cost $10,917.30). Due Date: November 30, 2016. Deliverable C: May/June 2015 Sea Turtle data for the 2013 restoration. Total Cost: $25,103 (DEP cost $10,917.29). Due Date: November 30, 2016. Deliverable D: July/August 2015 Sea Turtle data for the 2013 restoration. Total Cost: $25,103 (DEP cost $10,917.30). Due Date: November 30, 2016. Deliverable E: September/October 2015 Sea Turtle data for the 2013 restoration. Total cost: $25,103 (DEP cost $10,917.29). Due date: November 30, 2016. Deliverable F: FWC Nesting Data Spreadsheet for the 2013 restoration. Total Cost: $2,838 (DEP cost $1,234.25). Due Date: November 30, 2016. Deliverable G: Year Two Hardbottom Monitoring Weather/Boat Log (documenting fieldwork) for the 2013 restoration. Total Cost: $160,632 (DEP cost $69,858.86). Due Date: November 30, 2016. Deliverable H: Post -Construction Year Two hardbottom mapping and monitoring report. Total Cost: $144,819 (DEP cost $62,981.78). Due Date: November 30, 2016. 4.2 2015 Beach Tilling (Year 2) Deliverable A: Summary report of Year Two (2015) beach compaction/tilling data and/or activities as required by DEP permit 0 154626-00 1 -JC. Total Cost: $14,296 (DEP cost $6,217.33). Due Date: November 30, 2016. 4.3 Supplemental Project Monitoring Pending scopes of work included under this task must be approved by Division staff prior to initiation of work per Agreement paragraph 7B. Total Cost: $84,621 (DEP cost $36,801.67). Due Date: November 30, 2016. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. DEP Agreement No. 15SL3, Attachment A, Page 2 of 2 Packet Pg. 49 4.B.2.b ATTACHMENT B FUNDING ELIGIBILITY SOUTH ST. LUCIE COUNTY BEACH RESTORATION Project Boundary: R98 to St. Lucie/ Martin County Line Approximate Shoreline length: 17,716 feet or 3.36 miles Units or Width of Total parking Location/ Address R Mon. Type of Access/ units or spaces Eligible Name Access Frontage parking available shoreline (ft) spaces to public (ft) Normandy 8600 S. R98.3 Secondary 108 16 16 953 Beach Access Ocean Dr. *Dolman 9101 S. R102-R103 Primary 1860 100+ 100+ 7086 Beach Access Ocean Dr. Island Beach 9800 S. R106.1 Hotel/Resort 350 60 Rms. 60 Rms. 340 Resort Ocean Dr. *Waveland 10350 S. R111 Primary 326 100+ 100+ 5709 Beach Access Ocean Dr. Courtyard 10978 S. R115 Hotel 278 104 104 OL Marriott Ocean Dr. Rms. Rms. Glasscock 4775 NE R115 + Secondary 100 40 40 1320 Beach Access Ocean Blvd. 1000 ft., County Line *Primary beach access with a minimum of 100 parking spaces with public restrooms. OL (overlap) Areas determined to be publicly accessible .......... Total Length (feet) R98 to 20 feet south of R106 8,039 130 feet south of R106 to 480 feet to 557 feet north of R107 340 177 feet south of R108 to 91 feet north of R114 5,709 305 feet north of R115 to the St. Lucie/ Martin County line 1,320 Total Lengths: Total eligible shoreline length: 15,408 feet Total project shoreline length: 17,716 feet Percent eligible for State funding: 86.97% State cost share for contract: 43.49% DEP Agreement No. 15SL3, Attachment B, Page 1 of 1 Packet Pg. 50 4.B.2.b ATTACHMENT C ADVANCE PAYMENT JUSTIFICATON FORM Required Signatures: Original Ink Use of this form is not required unless the advance requested requires the prior approval of the Florida Department of Financial Services (DFS). For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior DFS approval. A letter requesting advance payment from the recipient, on its letterhead, must be attached. The DEP Program Area should forward this information to the Contract Disbursements Section at MS 78. The Contract Disbursements Section will forward requests for advance payment to DFS for review and legislature consultation, as appropriate. Name/Address of the Vendor/Recipient: Contact Person/Phone No.: Agreement No./Purchase Order No. (if known): Commodities/Services/Project Description: Organizational Structure (i.e. local gov't, non-profit corporation, etc.) Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: ❑ 90 days startup ❑ Quarterly ❑ Full Contract Period 1E] Other (specify): Indicate Statutory Authority: ❑ 215.422, F.S ❑ 216.181, F.S. GAA Year and Line Item Info: SFY: Line Item: 1. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422, Florida Statutes (and the DFS's Reference Guide for State Expenditures) which exceed the purchasing threshold of category two as defined in 287.017, Florida Statutes. A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the DFS, Division of Treasury at 850/413-3165 regarding the current Treasury earnings rate. M J co LO Z _ a) d L Q w 'L^ V a w 0 U. N u; 0 N Ch w M J co Ln c as E a) L a m 0 L a IL w c U- _ 0 E V a DEP Agreement No. 15SL3, Attachment C, Page 1 of 3 Packet Pg. 51 4.B.2.b B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: C. Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non -Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Appropriation Categories 05XXXX or 14XXXX) A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315-3070 DEP Agreement No. 15SL3, Attachment C, Page 2 of 3 Packet Pg. 52 4.B.2.b 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Second Third Fourth Quarter Quarter Quarter Quarter Salaries (identify personnel/titles) Fringe Benefits Contractual Services (list services and estimated costs) Equipment (identify each item and cost) Supplies Travel Other (specify) Overhead/Indirect Total: Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or designee DEP Program Area Review/Approval Recommendation: ❑ Approve Request ❑ Deny Request By: Date: Type Name of Signatory: Title: Bureau: Division: M J CO LO Z c a) E W a) a� a IL w c U- N V- Lh 0 N w M J CO LO c as E W d L- W L a IL w c U- c as E a DEP Agreement No. 15SL3, Attachment C, Page 3 of 3 Packet Pg. 53 4.B.2.b ATTACHMENT D ADVANCE PAYMENT — INTEREST EARNED MEMORANDUM "SAMPLE DOCUMENT" TO: Dena VanLandingham, Beach Management Funding Assistance Program, MS#3554 FROM: Lydia Louis, Finance and Accounting Director, Bureau of Finance and Accounting, MS#78 DATE: J co LO SUBJECT: Advance Payment — DEP Agreement No.: XXXX BECP Project No.: XXXX Interest Due to DEP: (Quarterly) E d m Pursuant to Section 216.181(16)(b), Florida Statutes, and paragraph 13 of the AGREEMENT, advance payments must be deposited into t an interest bearing account until all funds have been depleted. In order to comply with this statute, advance approval of the State Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later twenty (20) days following each calendar quarter (i.e. January 20, April 20, July 20, and October 20.) UJ Advance funding disbursed (date of disbursement) $ G U. 1. Advanced funds expended by contractor covering period of c14 (agreement execution) to (end of most recent calendar qtr) $ Lh 0 2. Balance advance funding principal available $ N W w 3. Interest earned on advanced funds covering period of (agreement execution) to (end of most recent calendar qtr) $ M 4. Amount of interest paid to DEP as of (end of most recent calendar qtr) $ 5. Balance Due to DEP as of (end of most recent calendar qtr) $ (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest that is based upon a grant/contract advance payment(s) will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest. If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2. The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables, payables, or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. 15SL3, Attachment D, Page 1 of 1 Packet Pg. 54 4.B.2.b ATTACHMENT E Florida Department of Environmental Protection DEP 55-219 Contract Payment Requirements Required Signatures: No Signature Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Fringe Benefits should be supported by invoices showing the amount paid on Benefits behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (4) Other Reimbursement will be made based on paid invoices/receipts. If nonexpendable direct property is purchased using State funds, the contract should include a provision for costs the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house Charges which may be of an internal nature (e.g., postage, copies, etc.) may be charges reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate, costs then the calculation should be shown. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: .hqp://www.fldfs.com/aadir/reference Quide.htm .. M J co Z c d E d m a� Q c a w C w N Lh 0 N W w DEP Agreement No. 15SL3, Attachment E, Page 1 of 1 Packet Pg. 55 4.B.2.b ATTACHMENT F FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY NAME OF PROJECT: South St. Lucie Beach Restoration LOCAL SPONSOR: St. Lucie County DEP Agreement Number: 15SL3 Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* *if applicable Cost Summary: State Funds Obligated $ Less Advance Pay $ Less Previous Payment $ Less Previous Retained $ State Share Local Share Total e e e Less This Payment $ Less This Retainage (10%) $ State Funds Remaining $ Local Funds Obligated $ Less Advance Pay $_ Less Previous Credits $ Less This Credit $ Local Funds Remaining $ M J co LO Z c N E w L a� a c a w c U- N Lh 0 N W w M J co Ln c as E a) a) a� Q m 0 L a a w c w c 0 E V a DEP Agreement No. 15SL3, Attachment F, Page 1 of 4 Packet Pg. 56 4.B.2.b Name of Project: Billing Number: DEP Agreement Number: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REVISED REQUEST FOR PAYMENT — PART II Billing Period (1): Person Completing Form & Telephone Number (2): REIMBURSEMENT DETAIL Item # Vendor Name Invoice Number Check Number Deliverable Number (3) Eligible Cost (4) Fed Share (5) Federal Share of Invoice Amount (6)** Non - Federal Share (7) State Share (8) State Share (9) Local Share (10) Retainage Payment (11) Withheld Retainage (12) State Payment (13) - - $0.00 0.00 0.00 0.00 Sub -Totals: - - - - - - - - Total Due to Local Sponsor (14) Form Instructions: 1. Billing Period: Should reflect Invoice services performed date. (beginning date - earliest date of services, end date - latest date of services performed). 2. Person to Contact for questions regarding items submitted on this form. 3. Deliverable #: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable. 4. Eligible Cost: Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only. 5. % Federal Share: If applicable this should be the percentage listed in Agreement. Federal Share will be listed on Table 1 if applicable. 6. Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage. 7. Non -Federal Share: Eligible Cost (4) minus Federal Share of Invoiced Amount (6). 8. Percentage of State Share: This should be the State Share Percentage listed in Agreement. 9. State Share: Multiply Non -Federal Share by State Share Percentage. 10. Local Share: Subtract State Share from Non -Federal Share. 11. Retainage Payment: Requires separate line for each completed Task, Sub -Task and or Deliverable that retainage is being requested. 12. Withheld Retainage: Multiply State Share by 10%. 13. State Payment: Subtract Retainage from State Share. 14. Total Due to Local Sponsor: Add Retainage Payment Total (11) to State Payment Total (13). Notes: For questions or concerns regarding this form please contact: Janice Simmons - (850)245-8222 or email at Janice.L.Simmons@dep.state.fl.us DEP Agreement No. 15SL3, Attachment F, Page 2 of 4 Packet Pg. 57 4.B.2.b FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT NAME OF PROJECT: South St. Lucie Beach Restoration LOCAL SPONSOR: St. Lucie County DEP Agreement Number: 15SL3 Billing Number: Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 4.0 MONITORING 4.12015 Post -Construction Monitoring (Year 2) 4.2 2015 Beach Tilling (Year 2) 4.3 Supplemental Project Monitoring DEP Agreement No. 15SL3, Attachment F, Page 3 of 4 Packet Pg. 58 4.B.2.b FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV NAME OF PROJECT: South St. Lucie Beach Restoration LOCAL SPONSOR: St. Lucie County DEP Agreement Number: 15SL3 M J co Billing Number: LO T- Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; Z c E 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 a 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 L in the grant work plan. a W I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of o checks, and other purchasing documentation are maintained as required to support the cost reported above and are N available for audit upon request. x- Lh 0 N W W W Name of Project Administrator Signature of Project Administrator Date J co Ln Name of Project Financial Officer Signature of Project Financial Officer Date c d E DEP Agreement No. 15SL3, Attachment F, Page 4 of 4 Packet Pg. 59 4.B.2.b ATTACHMENT G FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION NAME OF PROJECT: South St. Lucie Beach Restoration M LOCAL SPONSOR: St. Lucie County co LO DEP Agreement Number: 15SL3 E Task Completion ❑ L aM Project Completion ❑ *I hereby certify that the above mentioned project task has been completed in accordance with the Project Agreement, c including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the U. project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced N 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 c advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. M J co Ln C N E d Name of Project Manager Signature of Project Manager Date DEP Agreement No. 15SL3, Attachment G, Page 1 of 1 Packet Pg. 60 ATTACHMENT H 4.B.2.b if{TIOM ILDR A Required Signatures: No Signature Florida Department of Environmental Protection (SPECIAL AUDIT REQUIREMENTS) The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", 'DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" orothername in the contract/agreement) maybe 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 OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/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 or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. 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 by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at h=:Hl2.46.245.173/cfda/cfda.htinl. DEP Agreement No. 15SL3, Attachment H, Page 1 of 5 Packet Pg. 61 ATTACHMENT H if{TIOM Florida Department of Environmental Protection �FLDR A (SPECIAL AUDIT REQUIREMENTS) PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local J governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this v) Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this LO 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 m awards and resources received by a nonstate entity for Federal program matching requirements. Q 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies C with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and a for -profit organizations), Rules of the Auditor General. W G u_ 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance N with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the In c provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., N the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). Ch w W 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida � � Single Audit Act website located at https:Hgpps.fldfs.com/fsaa for assistance. In addition to the above websites, the J co following websites may be accessed for information: Legislature's Website at hM2://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ +r c and the Auditor General's Website at http://www.state.fl.us/audgen. E PART III: OTHER AUDIT REQUIREMENTS d Q (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a u 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 o Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for a audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In a such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) LLJ p e_ PART IV: REPORT SUBMISSION c m E 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on M behalf of the recipient directly to each of the following: Q DEP Agreement No. 15SL3, Attachment H, Page 2 of 5 Packet Pg. 62 4.B.2.b ATTACHMENT H if{TIOM Florida Department of Environmental Protection i FLDR A (SPECIAL AUDIT REQUIREMENTS) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32990-1450 DEP Agreement No. 15SL3, Attachment H, Page 3 of 5 Packet Pg. 63 4.B.2.b ATTACHMENT H if{TIOM Florida Department of Environmental Protection �FLDR A (SPECIAL AUDIT REQUIREMENTS) 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 the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. 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 OMB Circular A- 133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 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 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 15SL3, Attachment H, Page 4 of 5 Packet Pg. 64 4.B.2.b ATTACHMENT H Florida Department of Environmental Protection &OR A � (SPECIAL AUDIT REQUIREMENTS) EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Ecosystem Management and Restoration Trust Fund, Line Item # 1653 2014-2015 37.003 Beach Management Funding Assistance Program $239,195 140126 Total Award $239,195 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://l2.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https:Happs.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. 15SL3, Attachment H, Page 5 of 5 Packet Pg. 65 4.B.2.c COUNTY F L O R i D A WORK AUTHORIZATION NO. 15 CONTRACT C08-12-633 THIS WORK AUTHORIZATION is made as of the day of , 2015, 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 COASTAL TECHNOLOGY CORP, hereinafter referred to as the "Consultant" WITNESSETH: WHEREAS, on December 16, 2008, the County entered into a Consulting Agreement (Contract No. C08- 12-633) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete the project described below: South County Beach & Dune Restoration Project Year 2 Post -Construction Monitoring Services (hereinafter referred to as "the Project".) SFRVICFS[ 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 (C08-12-633). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" which is attached hereto and made a part of this work authorization and incorporated herein. COMPENSATION' The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of four hundred fifty-one thousand eighty-three and 00/100 dollars ($451,083.00), will be billed as needed as further detailed in Exhibit "B". c d E z U a r r Q Page 1 of 2 Packet Pg. 66 4.B.2.c 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work as further described in Exhibit "C" 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. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK WITNESSES: (1) (2) ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COASTAL TECHNOLOGY CORP. BY: PRINT NAME: r Q Page 2 of 2 Packet Pg. 67 4.B.2.c Exhibit `A' South County Beach & Dune Restoration Project Year 2 Post -Construction Monitoring Services Introduction: This Scope of Work is for monitoring of the South County Beach & Dune Restoration Project (Project) for which construction was completed in April 2013 via placement of 635,164 cubic yards of sand along 17,739 feet of shoreline from R-98 to R-115. This Scope of Work is intended to fulfill requirements of the Florida Department of Environmental Protection (FDEP) Permit No. 0 154626-001 -JC dated June 6, 2012 and United States Army Corps of Engineers (USACE) Permit No. SAJ-2009-03448(IP- GGL) dated July 27, 2012 for year 2 - annual monitoring for the Project. In general, the work will be performed by COASTAL TECH, and supported (via sub -contracts) by Ecological Associates, Inc. (EAI), Morgan & Eklund, Inc. (M&E), Continental Shelf Associates Inc. (CSA), and Aerial Cartographics of America (ACA) as described below. The following describes the work under this Scope of Work: Task 1 —Physical Monitoring: In general, COASTAL TECH will provide physical monitoring services for year 2 post -construction monitoring for the South County Beach & Dune Restoration Project — as required by the FDEP Permit and USACE Permit and as outlined in the Physical Monitoring Plan dated June 12, 2012. Specifically COASTAL TECH will: (1) sub -contract with M&E to (i) provide topographic and bathymetric profile surveys of the beach and offshore during a late spring or summer month per Specific Condition 48a of the FDEP permit and Special Condition 40 of the USACE permit - along FDEP reference monuments R-93 to R-115 at approximate 1,000 foot intervals at the FDEP survey reference monuments, and (ii) establish photo -identifiable survey reference points to subsequently allow ACA to geo-reference aerial photography [Note that Martin County have advised us that they will provide the surveys for station R-1 to R-5 in Martin County.], (2) sub -contract with ACA, to provide controlled geo-referenced aerial photography — per FDEP Guidelines - from R-93 to R-5 (Martin County), (3) assess volumes and shoreline changes since the Project construction, and (4) prepare an engineering report summarizing the above. Task 2 — Marine Turtle Monitoring: COASTAL TECH will: z (1) sub -contract with EAI to perform monitoring of marine turtle nesting activity and reproductive success with a report — to fulfill requirements of Specific Condition 31 of the FDEP permit +o and the USFWS SPBO - for the 2015 marine turtle nesting season. Monitoring of nesting activity shall include daily surveys and any additional measures authorized by the FWC. �j Summaries shall include all crawl activity, nesting success rates, hatching success of all r relocated nests, hatching success of a representative sampling of nests left in place (if any) by Q species, Project name and applicable Project permit numbers and dates of construction. EAI will report the number and type of emergences (nests or false crawls) per species in accordance with the below table. EAI will also analyze and report reproductive success for all loggerhead, green and leatherback nests if possible. Otherwise a statistically significant number of nests for each species shall be reported. (2) Confer with the COUNTY to alert COUNTY staff as to the need for tilling of the beach to a fulfill Specific Condition 28 of the FDEP permit. [It is herein assumed that the COUNTY has decided to "till regardless of post -construction compaction levels"] Page 1 of 6 October 23, 2014 Packet Pg. 68 4.B.2.c (3) sub -contract with EAI to perform visual surveys for escarpments along the Project area — per Specific Condition 30 of the FDEP permit - before March 1 st and weekly throughout the sea turtle nesting season if sand from the Project area still remains on the beach (see below table). EAI will report to FWC, FDEP, the COUNTY, and COASTAL TECH any escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of at least 100 feet to "determine the appropriate action to be taken" by the COUNTY as determined by FDEP — per FWS or FWC written authorization. (4) sub -contract with EAI to perform data reporting — per Specific Conditions 31 and 32 of the FDEP permit - and in accordance with the table below and shall include number of nests lost to erosion or washed out. EAI will provide monthly data reports to COASTAL TECH during the nesting season (April -October) as deliverables to be provided to FDEP. EAI will also submit summaries of nesting activity in electronic format (Excel spreadsheets) to the FWC Imperiled Species Management section at MTP@myfwc.com and copy COASTAL TECH on any correspondence. EAI shall submit all summaries to FWC, with copies to COASTAL TECH and the COUNTY, by January 15, 2016 as the final deliverable. Metric Duration Variable Criterion Year of construction, one year to two or three years Number of nests and Nesting postconstruction if placed sand non -nesting emergences 40% or greater Success remains on beach and variable by day by species does not meet criterion based on previous year Year of construction and one to Average of 60% Hatching three years postconstruction if Number of hatchlings greater (data Success placed sand remains on beach by species to completely m must include and variable does not meet escape egg washed out nests) criterion based on previous year Year of construction and one to Average must not three years postconstruction if Number of hatchlings be significantly Emergence placed sand remains on beach by species to emerge different than the Success and variable does not meet from nest onto beach average hatching success criterion based on previous year success Year of construction and one to Number of nests and Disorientation three years postconstruction if individuals that placed sand remains on beach misorient or disorient Not required if the beach is tilled Less than 500 Compaction prior to nesting season each year Shear resistance placed sand remains on beach psi Number of scarps 18 Successful Escarpment Weekly during nesting season for inches or greater all remstent Surveys up to three years each year placed extending for more than persistent scarps sand remains on the beach 100 feet that persist for as needed more than 2 weeks r Q Page 2 of 6 October 23, 2014 Packet Pg. 69 4.B.2.c Task 3 — Hardbottom Monitoring: COASTAL TECH will sub -contract with CSA to fulfill requirements of the FDEP permit Specific Conditions 38 through 42 and per Special Conditions 37 and 44 of the USACE permit for the Year 2 post -construction hardbottom monitoring event — including Edge Mapping, Transect monitoring, Video Surveys, aerial photography, Quadrat Sampling, and report. CSA will monitor and maintain a log of weather, nearshore water visibility, and tide conditions for an appropriate window of opportunity (acceptable water clarity and visibility) for performance of the fieldwork under Tasks 3 - as may be supplemented by observations of local conditions by COUNTY staff. When such a window occurs, CSA will mobilize its personnel and equipment and conduct the fieldwork as described below. The field survey will begin as soon as possible after authorization and upon the observance of acceptable water conditions. With acceptable sea conditions this approach should provide for the timely delivery of a detailed data set for the entire length of the Project area to enable the preparation of hardbottom characterization documents in 2015. Hardbottom Edge Mapping, Transects and Quadrat Sampling_ CSA will map the nearshore hardbottom edge from R-97 in St. Lucie County to R-3 in Martin County. The method for mapping shall be dependent upon underwater visibility conditions. The preferred method is by diver swimming the hardbottom edge with a DGPS antenna. The final deliverable video will also include survey date and location coordinates superimposed. If visibility conditions do not allow for a diver -mapped hardbottom interface, CSA will notify COASTAL TECH and include a proposed alternative approach for collecting the data. COASTAL TECH shall coordinate with CSA and the FDEP to finalize and implement an alternative method(s) for mapping the nearshore hardbottom edge. The alternative method(s) may include: • the collection of 20-meter shore -parallel video transects at 150-m (500 ft) intervals with DGPS positioning of the hardbottom edge/video transect locations; • ten measurements of vertical relief of the nearshore hardbottom edge along each transect, • video documentation of the dominant benthos, and • identification and canopy height measurements of the two dominant macroalgal species along each transect (five measurements per species). Transect position. In general, CSA will monitor previously established transect locations from R-77 in St. Lucie County to R-3 in Martin County, consistent with Specific Conditions of the FDEP and USACE permits. A total of twenty (20) monitoring transects will be surveyed: ten (10) within the Project area, two (2) downdrift in Martin County, and eight (8) updrift in St. Lucie County, previously established in 2008/2009 and/or pre -construction monitoring in 2012. Transect sampling. The 150-meter transects will be sampled using high -definition digital Ln video. A video survey shall be conducted of the entire 150-meter long (if cross -shore a hardbottom extent allows) transect at each location. Two 20-meter long segments of each 150- meter long video transect shall be quantitatively analyzed for estimation of percent cover from digital images frame -grabbed underwater video, as outlined in this Scope of Work. z The CSA diver will swim at a speed of approximately 20 meters/6 minutes (-3.5 meters/minute) with a constant camera distance of 25 cm above bottom during the portions of a the transect to be quantitatively analyzed. For the remainder of the 150-meter transect, the diver shall swim at a speed of 20 meters/5 minutes (-4-5 meters/minute) with a constant camera distance of 25 cm. If the diver is moved off the transect by surge, the diver shall return to the Page 3 of 6 October 23, 2014 Packet Pg. 70 4.B.2.c point where he/she was disturbed by the wave action, and resume filming at that point. The video transects shall be reviewed during the course of the survey to ensure that there are no gaps in the data due to diver error and that the quality of the video is acceptable for video analysis. Any missing video transect data or poor quality video shall be re -filmed during the course of the event, at no additional cost to the COUNTY. Landscape panoramic views shall be recorded with the digital video camera at the start and end of each transect, and at each interruption of the transect by a sand gap/recommencement at the next hardbottom ridge or hardbottom exposure. Additionally, close-up video of the tag marking the eyebolt at these locations shall be filmed for a frame of reference for the observer viewing the video record. Close-up digital still video and/or photographs shall be obtained of representative benthos along the transect to aid in identification during video analysis. Still photographs shall be obtained using the digital video camera or digital still camera at all quadrat locations, vertical ledges, large Oculina spp. colonies or Siderastrea siderea colonies (if observed) along the transect or adjacent to transect (within underwater visibility during transect establishment), and changes in benthic landscape along the transect. Voucher sampling of macroalgae shall be conducted as needed to assist with video identification of macroalgae genera. Line -intercept measurements of sand patches of 1 meter and longer in the interception by the transect, and interval sediment measurements at each meter mark shall be conducted. The first 20-meter segment along each transect for later point count analysis shall be the first 20 meters of hardbottom (if hardbottom is present) commencing at point 0, the nearshore hardbottom edge, and continue to the 20-meter mark. The second 20-meter segment for later point count analysis shall cross hardbottom (if existing) somewhere between the 40-meter mark and the 80-meter mark of each transect (this segment will be decided at the time of transect establishment). DGPS positioning will be obtained for the start point of the second segment along each transect. In Situ Quadrats: During each survey, a 0.25 square meter (0.5 in by 0.5 m) gridded quadrat will be sampled by the CSA diver/biologist at a several point -intercept locations along the 150- meter long transects — with approximately 12 quadrats along each transect within the first 125 meters. Quadrats will not be placed in sand gaps between hardbottom ridges. Within each quadrat, visual estimate shall be conducted of the percent cover and genus/species identification for the following functional groups: ■ macroalgae (identification and percent cover of two dominant species within the v quadrat), ■ microalgae/cyanobacteria, a ■ encrusting calcareous algae, ■ sponges (genus level), with a separate assessment of percent cover of boring sponge (Cliona spp), ■ tunicates (with identification of dominant genera), z ■ zoanthids (genus level), ■ hydroids, a ■ wormrock (Phragmatopoma lapidosa), ■ octocorals (genus level), and ■ scleractinian corals (species level). Page 4 of 6 October 23, 2014 Packet Pg. 71 4.B.2.c Individual counts shall be conducted for all octocorals, scleractinian corals, sponges (not including Cliona spp. which shall be assessed for percent cover), solitary tunicates, urchins, and holothuroids within the quadrat. Maximum and average algal height of the two dominant macroalgal species shall also be recorded. Average algal height shall be estimated by five measurements. Percent cover of substrate, unconsolidated substrate (rubble, shell hash, rhodoliths), sand and sediment over hardbottom shall be recorded in addition to the maximum physical relief of hardbottom from the lowest point to highest point in the quadrat. Interpretation of Video Surveys: Following completion of the fieldwork above, CSA shall perform analysis of transects as described below: Two, 20-meter long segments of the video transect shall be quantitatively analyzed using PointCount'99 or a comparable software package based upon the random point count method for estimation of percent cover from digitally frame -grabbed underwater video images. Each 20-meter segment shall result in approximately 100 non -overlapping frame -grabbed images. A unique set of 20 random points shall be generated at the time of frame -grabbing and stored with each set of images so that the same points are assessed during each monitoring event. This also ensures that each person examining a particular image will view the same points, thereby allowing for double-blind counting for quality assurance and control purposes. Ten percent (10%) of the images shall be counted by two scorers to assess inter -observer variability. An estimate of percent cover (projected to the surface) will be performed for each image according to the following functional groups/categories: scleractinian corals (to the genus level), octocorals, macroalgae (to the genus level if possible, if not, then according to the following breakdown: calcareous red, calcareous green, fleshy brown, fleshy red, fleshy green), microalgae/cyanobacteria, sponges, tunicates, hydroids, wormrock, zoanthids, urchins, holothuroids, and substrate. Substrate shall be broken down into the following categories: • Hardbottom: Limestone substrate exposed or covered with thin inconsistent (patchy) layer of sediments; • Partially -Exposed Hardbottom (subcategory of hardbottom): Hardbottom covered by a thin veneer of sediments, with either portions of the rock substrate or attached biota visible or protruding through the sediment; • Shell Hash: Coarse sediments comprised primarily of broken mollusk shell material Q forming consistent layer over bedrock; no flora or fauna protruding through the sediments; and • Sand: Consistent layer of sand over bedrock; no flora or fauna protruding through the sediments. c� r CSA will provide a digital version of their log of weather, nearshore water visibility, tide conditions, Q and field work completed to COASTAL TECH at the conclusion of this task as a deliverable to FDEP. Page 5 of 6 October 23, 2014 Packet Pg. 72 4.B.2.c Aerial Interpretation of Hardbottom Extent: Using aerial images obtained from ACA via COASTAL TECH, developed via Task 1, CSA will conduct analyses of the aerial images, including classification of the spectral bands of the images followed by ground truth verification within the Study Area. CSA will generate a GIS-based habitat map (ESRI shape files), which will identify the different hardbottom types and extent within the nearshore area of the area identified in the photography. Aerial image processing methodology will be consistent with that of the hardbottom mapping efforts from 2010, which may include transects and/or bounce dives to help with classification of spectral bands of the images, as field conditions allow. Summary Report: CSA shall prepare a Summary Report of Task 3 results (permanent transects, quadrats, hardbottom edge mapping) and analyses in both hard copy and digital format. The report shall include appropriate graphics/tables, statistical analysis of the collected data, with the following data on DVD: a) all digital video transects and frame -grabbed images from all transects b) PointCount files and associated data (i.e. PTS files, MGR files, cd.dat files) c) Excel spreadsheets of PointCount data (raw data and summary files), d) Excel spreadsheets of in -situ quadrat data, and e) Spatial GIS shapefiles of transects and hardbottom maps. COASTAL TECH will review the draft report and provide comments if necessary for permit compliance and ultimately submit CSA's final report to FDEP and USACE. COASTAL TECH will also use CSA's final report to prepare a permit compliance biological monitoring report for the USACE in their required format, as described in Special Condition 41. Task 4 — Mitigation Reef Monitoring: Due to unforeseen construction delays of the mitigation reef, installation has not yet occurred and immediate post -construction monitoring of the mitigation reef will be performed under the existing PO# P1401777, Task 4. Page 6 of 6 October 23, 2014 r Q Packet Pg. 73 4.B.2.c Exhibit'C' - Schedule St. Lucie County South County Beach & Dune Restoration Project Post -Construction Year 2 Monitoring Services Detailed Summary of Estimated Fees October 23, 2014 Exhibit '13' - Work Compensation Notice To Proceed: TBD Start Finish Days Total: $451,083 Task Description Michael ; Cliff Walther ; Truitt Andrew Condon Leigharm Jimmy Kim Lois Brandt Sellers Colstad Edwards Pati Gattis Alexander Neach Brooke Edwards Principal ; Senior Eng ; Staff Coastal ;Permit Sp; Sr. Coastal Senior Permit ; Permit Sp. Eng / CADD ; Engineer: QA Officer Engineer Geologist Env. Tech; Ecologist Specialist CADD Technician Clerical Total Fees Direct Costs Subtask Total Task Total $233 $156 $123 $87 $87 $105 $127 $80 $80 $53 Amount Description Task 1- Physical Monitoring $42,382 1-May-15 1-May-15 28-Sep-15 28-Sep-15 150 150 (1) Year 2 Post -Construction survey R-93 to MC R-5 (2) Provide control for aerial photography 1 4 1 1 8 2 $1,365 $388 $12,650 $4,420 Manor & Eklund Morgan & Eklund $14,015 $4,808 1-May-15 28-Sep-15 150 (3) Obtain aerial photography 7 2 $895 $9,056 ACA $9,951 30-Jul-15 27-Dec-15 150 (4) Assess volume & shoreline changes 4 2 24 40 $7,396 $7,396 1-Jul-15 28-Dec-15 180 (5) Prepare & submit engineering report 4 2 30 12 6 $6,212 $6.212 Task 2 - Marine Turtle Monitoring $103,250 15-Feb-15 31-Oct-15 258 (1) Monitoring of marine turtle nesting activity .-------------------------------------------------------------------------------------------- (2) Visual survey for escarpments _ before March 1, 2015 (3) Visual surveys for escarpments -weekly thru nesting season 1 ------------------------1--------------- 1 1 i----------'---------------1---------------- T 56 1 1 4 - 24 -------------- 1 ------------- 1 ---------------- '-------------- 1 $8,594 -------------- $185 - $308 $86,370 ----------- 94 $1,945 $3,010 EAI --------------------- EA EAI EAI $94,964 -------------- 130 $2, 130 $3,318 31-Oct-15 ; 15-Jan-16 76 4 FWCdata reporting 1 1 1 $238 $2,600 EAI $2,838 Task 3 - Hardbottom Monitoring $305,451 1-May-15 31-Oct-15 183 (1) Edge Mapping (2) Transects & Quadrats 5---------- 5 --- 4 -- 12 --------- ------- «31,5 -- 8 - 40 ---- 4 --- 6 ---- 2 -- 8 --- -- 40 ----------- --- $-- ------------------------------------------------------ $11,443 $31,542 $114,482 CSA CSA $341 $125,925 1-Sep-15 1-Dec-15 91 (3) interpretation of Video Surveys & aerials ------------------------------------------------------------------------------------------------------------------- 4 Report ---------- -I-------------- 1 5 -----------------------------------------a------------------------------- 16 i 24 40 4 -I-------------- 4 i i 40 ----------------a-------------- i $6,228 -------------- $7,841 $71,576 ----------- $59,174 CSA --------------------- CSA $77,804 -------------- $67,015 Total Hours: 25 4 92 0 0 179 22 37 144i 8 511 Total Costs: $5,825 $624 $11,316 $0 $0 $18,795 $2,794 $2,960 $11,520 $424 $54,258 $396,825 1$451,083 $451908? $54,258 $451,083 M J N C d E d L Q c IL w 0 LL N Ln 0 N U) W W Page 1 of 1 Packet Pg. 74